The Civil Association of Children, Women and Society presented the reasons before the Constitutional Court for its demand that the Institute of Legal Medicine, through the Legal Medicine units, deliver the emergency oral contraceptive (ECC) to women victims of sexual rape when they are within 72 hours of the event occurring to avoid a forced pregnancy.
The representative of the association, Violeta Gómez Hinostroza, pointed out that the obligation is generated not only in response to the fundamental right of women to reproductive autonomy and not to be a victim of violence, but also because in article 59 of Supreme Decree No. 009-2016-MIMP, Regulation of Law No. 30364, Law to prevent and punish violence against women, in accordance with its latest modification in March 2019, provides for this obligation.
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Does not comply with the standard
Article 59 indicates that, in the case of cases of sexual rape, “the Institute of Legal Medicine and Forensic Sciences, health establishments, have supplies, emergency equipment for cases of sexual rape and inform about the right to receive treatment for sexually transmitted infections, antiretrovirals, emergency oral contraceptives and others, which are provided to the victim, with prior informed consent.”
Despite this, the Institute of Legal Medicine, through its medical examiner divisions, does not comply with this obligation, as it does not provide emergency oral contraception to victims of sexual violence during the medical examiner’s sexual integrity examination; Likewise, they do not inform the alleged victims of their right to receive treatment to prevent the spread of sexually transmitted diseases due to rape.
Legal Medicine does not update protocols
After Supreme Decree No. 009-2016-MIMP was published, the Public Ministry nor the Institute of Legal Medicine have issued no technical standard, protocol, guide or directive that establishes the aforementioned duty of the medical examiners during the physical examination of sexual integrity, nor has he made any representation to the Ministry of Health to obtain emergency contraception.
“The Institute of Legal Medicine and Forensic Sciences has not complied with modifying its Legal Medical Guide for Physical Evaluation of Sexual Integrity, which dates back to 2012, to adapt it to the mandate provided for in article 59 of Supreme Decree No. 009-2016-MIMP, Regulation of Law 30364,” explained Hinostroza.
In previous rulings, the judges of the Judicial Branch did not recognize the duty of the Institute of Legal Medicine to provide emergency contraception to victims of sexual violence and only recognized the duty of information about this medication.
“This error of the previous judicial instances was apparently due to the fact that they analyzed a previous version of the rule and not its updated wording, in accordance with its modification of March 2019, which expressly states that the Institute of Legal Medicine and Forensic Sciences must provide emergency contraception to victims of sexual violence, with prior informed consent.”
The magistrates of the Constitutional Court understood the issue, they asked questions, meanwhile, the attorney of the Ministry of Health indicated in the hearing that if the Institute of Legal Medicine requests the Contraceptive, they could supply them; However, Legal Medicine has not requested them, despite their offer. The Constitutional Court could give its ruling in the next 15 days.
