The Criminalization of Abortion in Adolescent Victims of Sexual Violence in Peru: A Normative and Human Rights Analysis Based on the Case of Camila

Abstract

The article analyzes the criminalization of abortion in adolescent victims of sexual violence in Peru, based on the emblematic case of Camila, an Indigenous girl who was revictimized by the Peruvian justice and health institutions after becoming pregnant as a result of sexual assault. Although therapeutic abortion has been legal in the country since 1924, access remains limited—especially for girls and adolescents—due to legal, institutional, and social barriers. The objective of the study is to highlight the incompatibility of the Peruvian criminal legal framework, which allows for the criminalization of abortion in cases of adolescent pregnancy, with international human rights standards, particularly regarding the sexual and reproductive rights of adolescents. The study shows how the criminalization of abortion, even in cases of spontaneous miscarriage—as occurred in Camila’s case—constitutes a violation of the fundamental rights of girls. It also identifies the lack of comprehensive reparation measures and the poor compliance by the State with international recommendations. The study concludes that this situation generates serious legal, social, and psychological consequences for victims and reveals a pattern of institutional violence. Finally, it underscores the urgent need to decriminalize abortion in all cases of child pregnancy, in accordance with the standards of the Committee on the Rights of the Child and other international bodies.