Conscientious objection, barriers, and abortion in the case of rape: a study among physicians in Brazil

Abstract

In Brazil, to have a legal abortion in the case of rape, the woman's statement that rape has occurred is considered sufficient to guarantee the right to abortion. The aim of this study was to understand the practice and opinions about providing abortion in the case of rape among obstetricians-gynecologists (OBGYNs) in Brazil. A mixed-method study was conducted from April to July 2012 with 1,690 OBGYNs who responded to a structured, electronic, self-completed questionnaire. In the quantitative phase, 81.6% of the physicians required police reports or judicial authorization to guarantee the care requested. In-depth telephone interviews with 50 of these physicians showed that they frequently tested women's rape claim by making them repeat their story to several health professionals; 43.5% of these claimed conscientious objection when they were uncertain whether the woman was telling the truth. The moral environment of illegal abortion alters the purpose of listening to a patient - from providing care to passing judgement on her. The data suggest that women's access to legal abortion is being blocked by these barriers in spite of the law. We recommend that FEBRASGO and the Ministry of Health work together to clarify to physicians that a woman's statement that rape occurred should allow her to access a legal abortion.

What is hindering progress? The marginalization of women's sexual and reproductive health and rights in Brazil and Chile

“…In contrast to Chile where abortion is not permitted under any circumstances, Brazilian women are permitted to have abortions in the case of rape or if a woman's life is at risk (Galli and Rocha, 2014). In 2012 the Brazilian Supreme Court also made abortion legal in the case of fetal anencephaly 1 (Brasil, 2012), but legal abortion services remain hard to access for the majority of women (Diniz et al, 2014;Kulcycki, 2014).…”

Aborto legal no Brasil: revisão sistemática da produção científica, 2008-2018

“…A single article described the results of a census of legal abortion services in the country, analyzing their structure and operations, the characteristics of the women who received care at these services and the perspective of their professionals 14 ; another five studies, of local scope, described the characteristics of women admitted to hospitals for abortion following a rape, the reasons for the decision to have an abortion and repercussions for personal and day-to-day relationships 17,18,19,20,21 . Most studies investigated the behavior, knowledge and opinion of agents involved in providing legal abortion care, whether they were health professionals 16,22,23,24 or medical students 25,26,27,28,29,30,31 . Three studies addressed the theme of malformations and court authorizations for abortion 15,32,33 (Table 2).…”

Aborto E Microcefalia: Inserção Da Bioética

“…Um estudo realizado com o objetivo de analisar condutas entre ginecologistas e obstetras nos casos de aborto por estupro no Brasil, sugeriu que gestantes vítimas de estupro encontram dificuldades e barreiras por parte dos médicos para poderem ter suas gestações interrompidas. O estudo recomenda que o Ministério da Saúde e e os profissionais médicos trabalhem juntos, afim de que os médicos possam ter mais informações sobre esses casos estupropermitindo o acesso a um aborto legalizado (13).…”