Resumo

BAILON-SOSA, Madeleyne Marisol; JULCA-GUERRERO, Félix Claudio; SANCHEZ-LLANOS, Kreimila Florith  e  YANAC-CANO, Fernando Jonatan. The best interests of the child as the basis for abortion in cases of rape in Peru. Cienciamatria [online]. 2025, vol.11, n.21, pp.463-482.  Epub 10-Dez-2025. ISSN 2542-3029.  https://doi.org/10.35381/cm.v11i21.1785.

The problem stems from the regulatory vacuum that forces girls pregnant by sexual assault to continue with pregnancy, violating their fundamental rights and the principle of the best interests of the child. The objective was to analyze how the best interests of the child can be constituted as a legal and ethical basis for the legalization of abortion in cases of rape of minors within the family environment. Dogmatic-theoretical research was developed with a qualitative approach, based on the doctrinal, normative and jurisprudential analysis of human rights instruments. The results show that, although the legislation recognizes the best interests of the child, its application is limited and does not guarantee access to sexual and reproductive health services, nor comprehensive protection for victims. The legalization of abortion in these cases is an ethical and legal obligation of the State to safeguard the fundamental rights of girls.

Palavras-chave : Best interests of the child; legalization of abortion; rape. (UNESCO Thesaurus)..

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