The bill that ends the requirement of spousal consent to perform sterilization surgery on a person, such as tubal ligation and vasectomy, was approved on Wednesday (10) by the Senate. Before, it had already been approved by the Chamber of Deputies and now passes for presidential sanction.
The change was voted symbolically in a session dedicated to issues related to women on the occasion of the anniversary of the Maria da Penha Law.
The bill amends law 9,263, which has been in force since 1996. See below for more details about the law and the changes that the bill entails.
What changes does the bill bring? The change that gives greater freedom in the sterilization procedure is present in the bill 7,364 of 2014 of the Chamber of Deputies. In the Senate, the bill is number 1,941.
The authorship of the project is the deputy Carmen Zanotto (Cidadania-SC). The objective was to change Law 9,263 that regulates family planning. In the original text, it is said that, in marital relationships, the practice of sterilization surgeries, such as vasectomy and tubal ligation, could only be performed with the consent of the spouse. In the bill, that paragraph was deleted.
“This means that if a man wants to have a vasectomy, he no longer needs the woman’s authorization. And the opposite too: the woman no longer needs her husband’s authorization. This was already demanded a lot and is no longer necessary”, he says. Heidi Florêncio Neves, professor of criminal law at the USP Law School (University of São Paulo).
Another change that the project proposes is the minimum age for performing a surgical sterilization procedure. In the 1996 text, it is mandatory that the person is at least 25 years old or already has two living children to undergo the surgery. In the new text, the minimum age drops to 21 years.
The part of the law where the two living children are mentioned was kept in the new text approved in the Senate. It is worth mentioning that this point is an alternative measure to the minimum age required by law. That is, if a person has two children alive at the age of 19, he is already able to undergo the sterilization procedure.
A third change concerns the performance of surgery in cases of childbirth. In the original text, sterilization could not be done during childbirth or abortion. Now, the bill opens up the possibility of the procedure taking place in the course of the birth of a baby.
For Neves, this aspect is positive because it reduces the obstacle of undergoing two surgeries. “Women often had to undergo two procedures, such as a cesarean section and then a tubal ligation (sterilization). This was very difficult.”
With the move, what does it take to have a tubal ligation during childbirth? The woman must indicate interest in sterilization at least 60 days before delivery – a requirement also present in the 1996 law. According to Neves, this is important because the woman can change her mind and reverse the decision in this period of days.
“It’s so that the person can reflect on the need, if they really want the procedure. It cannot be a ‘sudden’ decision”, he says.
The law does not specify how the expression of interest in the sterilization procedure should be done. But, according to Neves, the most common practice is for health professionals to provide a term that the person signs demonstrating the desire for surgery.
Is the content of the new text already valid as law? Not yet. The bill was approved this Wednesday (10) in the Federal Senate. Before that, the Chamber of Deputies had already voted on the project with a favorable position on the changes proposed by the new text.
As it has already been approved by both houses, the project now goes to the sanction of President Bolsonaro (PL). The representative can veto some parts of the bill. In such cases, vetoes are appreciated by the Legislature.
If there are no vetoes, the bill goes to official publication, amending law 9,263.
After official publication, when does it come into effect? The bill points out that, after official publication, the changes only take effect after 180 days.
Neves supposes a reason for this period of time. “I believe that this deadline has been given so that hospitals, doctors and people are aware of the changes”, she says.
What does the project represent for women’s and reproductive rights? During the Senate session, the project’s rapporteur, Nilda Gondim (MDB-PB), reiterated that the amendment of the law allows women to have “the right to decide whether they want to use the contraceptive method or not”.
For Neves, the change represents an advance for reproductive and women’s rights. Even though the project also involves men who opt for sterilization, the new text reduces obstacles especially for women – such as the authorization to perform the procedure during childbirth.
“Women have been claiming for some time to have freedom under their bodies so that they can have their reproductive rights guaranteed and respected”, concludes the professor.
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