19th June 2023

Amicus Brief in the Case of Camila Vs. Peru

On August 22, 2022, Equality Now, Ipas, CLADEM, ELA, Católicas por el Derecho a Decidir, and eleven other organizations signed on to the amicus curiae brief led by the Legal Network of the Latin American Consortium Against Unsafe Abortion (CLACAI) submitted to the United Nations Committee on the Rights of the Child (CRC). The amicus refers to the case of Camila, an indigenous and rural girl who was raped by her father from the age of nine until she got pregnant at the age of thirteen, who was denied her right to legal and safe abortion in Peru.

Key takeaways and recommendations

On June 13, 2023, the CRC held the State of Peru responsible for violating Camila’s rights to health and life by failing to provide her with information and access to safe and legal abortion. The CRC has cited the amicus submitted by Red Jurídica in its decision, and the Committee has taken much of the amicus argumentation into account.

This argumentation focuses on recognizing the rights of girls and adolescents to have access to a safe, legal termination of pregnancy, given the serious risk to their physical and mental health, taking into consideration the international human rights standards on abortion. The document focuses on two aspects related to the State’s obligations under international human rights law in relation to real and effective access to voluntary termination of pregnancy: (1) the impact of the biomedical approach on the rights of girls forced into childbearing as a result of rape; and (2) the impact of the absence of mechanisms to prevent pregnancy in children and adolescents.

This decision of the Committee is a significant milestone and represents a breakthrough in the protection of the rights of girls not only for the region but also at the global level.

Explore more resources

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Equality Now Submitted an Amicus Brief asking the Constitutional Court of Colombia to declare the unconstitutionality of laws that permit child marriage in Colombia

Equality Now submitted an amicus curiae to Colombia’s Constitutional Court urging it to strike down laws allowing child marriage.

Equality Now submitted an Amicus Brief Supreme Court of Justice of the Nation of Argentina: Case M.S. – Group Rape in Chubut, Argentina 

Equality Now, Comunidad de Derechos Humanos, and Red de Libertades Laicas Submitted an Amicus Curiae to the Constitutional Court of Chile

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