Série Fala Direito Comigo: marcos legais em direitos sexuais e reprodutivos

Today, sexual and reproductive rights are recognized as Human Rights. This means everyone has the right to the freedom of sexual expression, to the autonomy to make decisions about their own body and to gender equality. There are laws and norms, national and international ones, which guarantee these rights.

However, it was not always like this. During the 60’s, the main concern was about the population explosion, and the solution was birth control programs Because of that, individual rights ended up excluded from public policies at that time. However, after some time, social pressure from feminist, LGBTI and health movements increased.

And these groups started to be heard. Since the 90’s, sexual and reproductive rights started to be recognized as human rights especially with the approval of some international normative documents: Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, known as “Convention of Belem do Para”. International Conference on Population and Development.

Fourth World Conference on Women. Yogyakarta Principles. Nowadays, an Inter-American Convention on Sexual and Reproductive Rights is being developed.

What about Brazil? Today, there is not a specific law about sexual and reproductive rights but Brazil was part of the international conferences and assumed the commitment of guaranteeing these rights creating laws and executing public policies, such as Maria da Penha Law. Besides, Brazil’s Federal Constitution recognizes, on the 226 article, that: “family planning is a free decision of the couple, being the State’s responsibility to propitiate educational and scientific resources to the exercise of this right, being forbidden any coercive form from official or private institutions.

” Sexual and reproductive rights also include other rights, such as health, education and personality rights, which exist to guarantee physical, psychical and intellectual integrity of people. Also, there is the right to interrupt the pregnancy, in case of risk of death to the mother, when sexual violence occurs, or in the case of anencephaly since the decision of the Supreme Court of Brazil. Despite the legal recognition of sexual and reproductive rights as human rights, we still need a political and social mobilization, so that these laws and norms are respected and to turn into positive changes on people’s lives.