President Jair Bolsonaro (PL) sanctioned, this Monday (5), the bill that ends the requirement for the express consent of the spouse for sterilization surgery, such as tubal ligation and vasectomy, to be performed.
The measure, passed in Congress in August, amends the 1996 law on family planning, and was published in the Federal Official Gazette.
The legislation also reduces the minimum age to perform a sterilization surgical procedure from 25 to 21 years old.
The sanction is considered an advance on women’s rights and comes at a time when the president needs to improve his electoral performance among women voters.
Less than a month before the first round, this segment is one of those with the highest rate of rejection of Bolsonaro. According to Datafolha, the president fluctuated just one point up, going up to 29%, compared to 48% for Lula, who in August had 47%.
Bolsonaro collects sexist statements and attacks on women, such as, more recently, journalist Vera Magalhães and senator Simone Tebet (MDB), during the first debate between presidential candidates.
See below for more details about the law and the changes that the project entails.
What changes in the rules for tubal ligation and vasectomy?
The project authored by deputy Carmen Zanotto (Cidadania-SC) amended law 9,263, which 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 new law, this paragraph has been 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 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, they can already 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 new law opens up the possibility of the procedure taking place during 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.”
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 is so that the person can reflect on the need, if he really wants 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.
When does the new law take effect?
The changes proposed by the law only come into force after 180 days, counting from this Monday (5).
What does the law represent for women’s and reproductive rights?
During the Senate session, the project’s rapporteur, Nilda Gondim (MDB-PB), reiterated that the amendment to 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 lowers the obstacles especially for women – such as the authorization to perform the procedure during childbirth.
“It has been a demand of women for some time to have freedom under their bodies so that they can have their reproductive rights guaranteed and respected”, concludes the professor.
Chad-98Weaver, a distinguished author at NewsBulletin247, excels in the craft of article writing. With a keen eye for detail and a penchant for storytelling, Chad delivers informative and engaging content that resonates with readers across various subjects. His contributions are a testament to his dedication and expertise in the field of journalism.
