Brazil’s Supreme Court is now considering a case that could decriminalize abortion in the country up to 12 weeks of gestation. This case had previously been on hold since 2018, when the Court held a public hearing at which Human Rights Watch urged it to consider Brazil’s obligations under international law in reaching its ruling. Brazil’s current legislation regulating abortion, which dates to 1940, is incompatible with the country's human rights obligations. Abortion is criminalized except in cases of sexual violence, when the life of the pregnant woman is in danger, or when a fatal fetal condition known as anencephaly is detected.
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