A Regressive Step: Brazil’s Congress Revokes Crucial Protections for Adolescent Survivors of Sexual Violence, Raising Alarms Among Rights Advocates

The recent revocation of vital guidelines designed to ensure human rights-based and humane care for child and adolescent victims of sexual violence in Brazil, including access to legal abortion, has sent shockwaves through the human rights community. This action, stemming from the National Congress’s approval of Legislative Decree Project No. 3/2025, which nullifies Resolution No. 258/2024 of the National Council for the Rights of Children and Adolescents (CONANDA), is being decried as a grave setback for child protection and reproductive rights in the country. The move dismantles the sole existing regulation in Brazil aimed at safeguarding access to safe and dignified abortion for young survivors of sexual assault, leaving them more vulnerable to forced pregnancies and unsafe procedures.

Alarming Context: The Scale of Child Rape and Forced Motherhood in Brazil

The legislative rollback occurs against a backdrop of deeply concerning statistics regarding child sexual violence and its consequences in Brazil. According to data compiled by the Observatory "Children Are Not Mothers" (Criança Não é Mãe), the nation witnesses an alarming average of 16,521 births annually from girls under the age of 14. This translates to approximately 45 girls becoming mothers every single day. Brazilian law presumes sexual violence in such cases, yet a distressingly small fraction of these incidents are reported, investigated, prosecuted, or provide any form of redress to the victims. This stark reality underscores the critical importance of the now-revoked CONANDA resolution, which sought to streamline and protect access to essential reproductive healthcare services for these vulnerable minors.

Existing Barriers to Legal Abortion in Brazil

Even before the revocation of CONANDA Resolution 258/2024, access to legal abortion in Brazil was already severely restricted. The procedure is permissible only under three specific circumstances: in cases of sexual assault, when the pregnancy poses a risk to the pregnant person’s life, or in instances of fetal anencephaly (absence of a major part of the brain). Despite these narrow exceptions, the practical access to these services is profoundly unequal across the vast Brazilian territory. Services are heavily concentrated in a few states, and numerous institutional barriers systematically impede the ability of girls and adolescents to obtain a safe and legal abortion.

These barriers include the frequent requirement for parental consent for minors or judicial authorization to access the service. This often proves insurmountable due to the lack of engaged parental figures, fear of reprisal, or the sheer difficulty in navigating the legal system. Furthermore, a high rate of conscientious objection among medical professionals, often without adequate and timely referral to non-objecting providers, creates significant delays and obstacles. A pervasive lack of clear information regarding how to access the procedure, coupled with prevalent stigma, discrimination, and the threat of criminal prosecution, further complicates the situation. Consequently, many girls and women in Brazil are compelled to resort to unsafe, clandestine abortions, placing their lives and health in grave jeopardy.

CONANDA Resolution 258/2024: A Lifeline for Vulnerable Youth

Resolution No. 258/2024, issued by CONANDA, represented a crucial step forward in addressing these systemic failures. It established a clear procedure to guarantee safe abortion access for girls and adolescents who are victims of sexual violence, specifically designed to circumvent the aforementioned barriers. The resolution aimed to ensure that the legal framework actively protected these young survivors, prioritizing their well-being and reproductive autonomy in situations of extreme vulnerability. Its revocation by Legislative Decree Project No. 3/2025 effectively removes these vital safeguards from the legal order, leaving a critical void in protection.

International Law and the Implications of the Revocation

The decision to revoke Resolution 258/2024 is viewed by human rights experts as being in direct conflict with fundamental rights and principles recognized under international human rights law. These include the rights to health, equality and non-discrimination, freedom from violence, and protection against torture and cruel, inhuman, or degrading treatment. Crucially, it also contravenes the principle of the "best interests of the child," a cornerstone of international child protection conventions.

The United Nations Committee on the Rights of the Child, alongside other UN treaty bodies focusing on human rights, has consistently affirmed that access to safe, legal, and effective abortion is an essential dimension of human rights, encompassing reproductive health and autonomy. These bodies have urged states, including Brazil, to dismantle legal and institutional barriers that prevent access to abortion. Their recommendations emphasize the need to prevent forced pregnancies and adolescent motherhood, and to ensure that the voices and opinions of children and adolescents are heard and respected in decisions concerning their reproductive health, in line with the principles of the best interests of the child, evolving capacities, and non-discrimination.

Similarly, the Inter-American Commission on Human Rights (IACHR) and the Committee of Experts of the Follow-up Mechanism to the Belém do Pará Convention (MESECVI) have underscored the obligation of states to prevent unsafe abortions and to establish legislative frameworks that guarantee access to abortion services in cases of sexual violence. The revocation of CONANDA Resolution 258/2024 is therefore seen as a regressive measure, incompatible with Brazil’s international commitments and significantly increasing the risk of forced pregnancies in childhood, with devastating consequences for the health, dignity, physical and psychological integrity, and life projects of young girls.

Disproportionate Impact on Marginalized Communities

The implications of this legislative rollback are particularly acute for Black, Indigenous, and Quilombola girls and adolescents who are victims of sexual violence in Brazil. These communities already face profound racial, social, and territorial inequalities, which exacerbate existing barriers to accessing justice and essential services. The removal of protective mechanisms like CONANDA Resolution 258/2024 disproportionately impacts these already marginalized groups, deepening their vulnerability and further impeding their ability to exercise their fundamental rights.

Concerns Over the Legislative Process

Adding to the alarm, the legislative process that led to the approval of Legislative Decree Project No. 3/2025 has also drawn significant criticism. Advocates report that the bill was advanced without broad public debate and without adequate consultation with specialists, civil society organizations, healthcare professionals, and institutions responsible for the protection of children and adolescents. Critically, the primary stakeholders – the girls and adolescents themselves – were not consulted, despite being the individuals most directly affected by this regressive policy. This lack of participatory process undermines democratic principles and the principle of the best interests of the child.

Reaffirming the Rights of Child Survivors

A broad coalition of researchers, professors, professionals, specialists, and organizations dedicated to the protection of human rights, children’s rights, adolescent rights, and sexual and reproductive rights has issued a strong statement denouncing the revocation. They reiterate that girls who are victims of sexual violence must be recognized and treated as rights-holders, with full respect for their dignity, progressive autonomy, health, physical and psychological integrity, and best interests. These principles are enshrined in Brazil’s Federal Constitution, the Statute of the Child and Adolescent (ECA), the Convention on the Rights of the Child, and other relevant regional and international human rights instruments.

Call to Action for Brazilian Authorities

In light of this critical situation, the signatories of the statement are urging Brazilian authorities, democratic institutions, and civil society to take all necessary measures to ensure the comprehensive protection of girls and adolescents who are victims of sexual violence. They call for the effective guarantee of access to the rights and services provided for by Brazilian legislation, emphasizing that the recent legislative action represents a significant step backward in the country’s efforts to uphold and protect the fundamental rights of its most vulnerable citizens. The immediate restoration of protections and the strengthening of access to safe and legal reproductive healthcare services for child survivors of sexual violence are paramount to preventing further harm and upholding Brazil’s international human rights obligations.