Aborto como política de saúde pública a partir das diretrizes internacionais da ONU e da legislação uruguaia

Abstract

The following paper intends to demonstrate abortion as a matter of public health and family planning, as well as an instrument capable of reducing maternal mortality caused by unsafe abortions and accomplishing gender equality as stipulated by the article 5th of the Federal Constitution. For this purpose, examines the decisions taken on the cases of K.L v. Peru and T.P.F. v. Peru – both from committees aligned to the United Nations –, the legal provisions of the International Covenant on Economic, Social and Cultural Rights about sexual and reproductive health and the General Recommendation n. 35 about gender-based violence from the Committee on the Elimination of Discrimination Against Women (CEDAW). Beyond that, the paper will approach the social and cultural context that has taken Uruguay to considerably reduce its maternal mortality rates caused by unsafe abortions, through the development of a risk and harm reduction program prior to decriminalization, and the quantitative and qualitative analysis of data collected after the country decriminalized abortion. Finally, the matter is approached on national level, through the analysis of both Brazilian legislation and academic studies related to the subject in the current prohibitionist context.