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FACTS OF THE CASE:

On 7 September 2002, Debora Diniz, an anthropologist and bioethicist, was fired from her position as a professor at the Catholic University in Brasilia. The dismissal appears to be in retaliation for her participation in a public debate about abortion in March 2001. Dr. Diniz is a respected scholar and winner of the Manuel Velasco-Suarez International Bioethics Award given by the World Health Organization. In addition to her teaching position, she is the director of the Feminist Approaches to Bioethics Network, a NGO in Brazil. A government ministry invited Dr. Diniz to take part in the debate because of her in-depth research on the issue. She was asked to present her findings and discuss the ethical and sociological issues of abortion in Brazil. However, the other participants grew quite hostile and little substantive discussion took place during the debate.

Immediately after the debate, public attorneys pressured the university chancellor to fire Dr. Diniz. However, Dr. Diniz had participated in the debate in her capacity as director of the NGO and attended the debate during a school holiday. The university did not take any formal action against her at that time. At the end of the semester, in July 2001, the Catholic University announced that they were firing Dr. Diniz. An official from the Public Defenders Office spoke with university officials and the dismissal was rescinded. Nevertheless, her status at the university changed and she was no longer allowed to teach bioethics. She eventually found a position teaching methodology in the Psychology Department even though that is not her field.

Dr. Diniz's relationship with university administrators became tense again in May 2002 when a book she co-authored about abortion laws in Brazil was published. She believes that university officials may have forgotten about her, but the publication of the book served to remind officials of Dr. Diniz and they again took action to fire her. Several international bioethicists have criticized the dismissal and expressed their concerns for academic freedom in Brazil. A recent email message from one of the supporters stated, "The point of scholarship is to produce knowledge, whether of the world or of ourselves, to ask questions that stimulate further inquiry, and to teach others what they know. Scholars can be neither productive, nor curious, nor good educators if they must continually be careful not to offend those in power."

Firing an individual for legitimate scholarship is in violation of the academic freedom provisions in Brazil's 1988 constitution; it also violates academic freedom and freedom of expression provisions in international human rights treaties, including the following.

(Sources of information for this case include: email correspondence with Dr. Debora Diniz and several US-based bioethicists and anthropologists who sent email messages on behalf of Dr. Diniz.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 19(1): Everyone shall have the right to hold opinions without interference.

International Covenant on Economic, Social and Cultural Rights

• Article 12: (1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2): The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Expressing concern that Dr. Debora Diniz appears to have been fired in retaliation for exercising her internationally protected human right of freedom of expression;
• Requesting that Dr. Debora Diniz be immediately and unconditionally reinstated to her position at the Catholic University; and
• Expressing serious concern for the future of academic freedom on Brazil.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Mr. Paulo Renato Souza
Minister of Education
Ministry of Education
Esplanada dos Ministerios
Bloco L-Ed. Sede-Anexos I e II
Brasilia DF
Brazil
Salutation: Dear Mr. Minister

Mr. Paolo de Tarso Ramos Ribeiro
Minister of Justice
Ministry of Justice
Esplanada dos Ministerios
Bloco T., Ed. Sede
Brasilia, DF
Brazil
snj@mj.gov.br
Salutation: Dear Mr. Minister

COPIES SENT TO:

Ambassador Rubens Antonio Barbosa
Ambassador of Brazil to the United States
Brazilian Embassy in Washington
3006 Massachusetts Avenue, NW
Washington, DC
20008-3634
Fax: (202) 238-2827
Salutation: Dear Ambassador Barbosa:

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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