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16/01/2025

What does it say in the new resolution that guarantees the rights of children and adolescents who are victims of sexual violence

Understand the main points of the text approved by the National Council for the Rights of Children and Adolescents that establishes guidelines for handling cases of child and adolescent pregnancy resulting from sexual violence

Foto: Ilan Pellenberg / AGIF / AGIF via AFP Foto: Ilan Pellenberg / AGIF / AGIF via AFP

In early January, following a court order, the Ministry of Human Rights and Citizenship published resolution 258/2024 from the National Council for the Rights of Children and Adolescents (Conanda). The measure sets out a specific protocol for assisting children and adolescents who are victims of sexual violence, ensuring the legal termination of pregnancy when resulting from rape.

Among the actions outlined, key measures include training of professionals to identify cases of sexual violence, ensuring quick confidential and unbiased assistance, the priority being care and respect for the victim. 

The resolution provides for the “ongoing training of healthcare workers, social services, public security and legal professionals and other members of the Child and Adolescent Rights Guarantee Network, to ensure the appropriate assistance and compliance with legislation for cases of sexual violence.”

According to the text, assistance must adhere to principles such as urgency, prevention of revictimization, respect for autonomy and qualified listening to the children and adolescents. The regulation also defines guidelines for preventing sexual violence in childhood, including the right to sexual education, and outlines the state´s responsibilities in these cases. 

The importance of the resolution

Conanda, issues resolutions as part of its legal responsibility to regulate and guide public policies aimed at guaranteeing the rights of children and adolescents in Brazil. These resolutions are official documents that set out guidelines, regulations, and recommendations in a number of areas related to the safeguarding and holistic development of children and adolescents.

 “The resolution, which establishes guidelines for cases of legal abortion in children and adolescents who are victims of sexual violence, for healthcare services and public reception bodies, proposes well-defined protocols, supported by law, that ensure access to legal abortion, preventing the imposition of illegitimate barriers.” Says attorney Carolina Diniz, coordinator of the Conectas program to combat Institutional Violence. 

Legal dispute

After the resolution was approved by Conanda in December 2024, Senator Damares Alves legally challenged the voting procedure of the resolution in the Council. Although she obtained a favorable preliminary injunction in the first instance, the decision was overturned by the Regional Federal Court of the 1st Region (TRF1), following an appeal filed by the Legal Advisory Office for Community Organizations, a civil society organization that is part of Conanda.

In its argument, GAJOP emphasized that suspending the publication of the resolution undermines the safeguarding of thousands of people who are victims of sexual violence, who face further violations when seeking state support to guarantee their rights.

In deciding the case, the magistrate of the TRF1 stated that Conanda acted within its legal competencies, “setting out the necessary requirements for the proper termination of pregnancy when this is the result of abhorrent violence.”

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