EUA: contra a constituição, estados restringem direito ao aborto

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Desde que se tornou um direito das mulheres nos EUA, em 1973, o aborto sofre ataques dos setores conservadores. A interrupção da gestação por decisão da mulher se tornou legal após um longo processo judicial conhecido como Roe vs Wade que terminou com a decisão da Suprema Corte em favor da mulher.

Desde então representantes do partido Republicano atuam no Parlamento e no poder Executivo na tentativa de contornar essa decisão, ainda que sutilmente, mas na prática criando todo tipo de restrições. Mais de 20 estados impuseram leis restritivas.

Em maio deste ano Carolina do Sul se tornou o 17º estado para proibir o aborto na 20ª semana de gravidez.

No caso da Carolina do Sul, a governadora Nikki Haley sancionou uma lei que baseia-se em alegação altamente contestada; a tentativa de estabelecer em que período da gestação o feto começaria a sentir dor. Outros estados utilizam outros argumentos.

Geralmente a proibição permite algumas exceções: casos de estupro, anomalia feral ou para quando o aborto é comprovadamente necessário para salvar a vida da mulher. Mas a direita religiosa atua para que o aborto seja crime em qualquer situação.

Em Oklahoma a governadora Mary Fallin que é conhecida por sua posição contra o direito ao aborto foi obrigada a vetar lei aprovada pelos parlamentares locais por inconstitucionalidade.

De acordo com o The Economist, os legisladores aprovaram uma lei que mina a própria base da Roe. Por uma votação de 33 a favor e 2 contra no Senado; e 59 a favor e 9 contra na Câmara dos Representantes, o aborto poderia se tornar crime com pena de até três anos de prisão. Com previsão de pena para os médicos que realizassem o procedimento, a menos que fosse necessário para salvar a vida da mulher.

“A lei é tão ambígua e tão vaga que os médicos não poderiam ter certeza de quais circunstâncias sanitárias poderiam ser consideradas ‘necessárias para preservar a vida da mãe”, disse a governadora Mary Fallin em nota.

Para ela o “caminho direto para rever a lei é a nomeação de um juiz conservador, ‘pró-vida’ para a Suprema Corte”.

Isso acontece não apenas nos EUA. A ofensiva da direita no Brasil também ameaça os direitos das mulheres. A posição de fascistas como Jair Bolsonaro e Marco Feliciano é semelhante a do candidato a presidente caricatural Donald Trump. Para eles as mulheres são meros instrumentos de reprodução, não são dignas de direitos e muito menos podem decidir sobre seus corpos, dispor da sua sexualidade.

A preocupação desses setores é o controle da vida de metade da população, é a imposição de um modelo de vida, da maternidade, ignorando que esta apenas pode ser bem sucedida se for desejada, se for por amor.  É nesse sentido que o movimento de mulheres defende o direito da mulher interromper uma gestação indesejada.

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