IACHR condemns El Salvador for denying abortion to sick woman

[Judi Lynn]

23-12-2024 21:01

Amnesty International praised a ruling by the Inter-American Commission on Human Rights (IACHR) condemning El Salvador for denying a woman a life-saving abortion in 2013.


Amnesty International (AI) welcomed Monday the ruling by the Inter-American Commission on Human Rights that condemned El Salvador for preventing a woman from having an abortion in 2013 despite the fact that her life was in danger.

"Today we have a more solid legal protection for reproductive health, which is very welcome in the midst of regressive tensions in the region and particularly in El Salvador," said Ana Piquer, director for the Americas at AI, in a statement.

On Friday, the continental court, based in San José, declared El Salvador responsible for violating the rights "to personal integrity, privacy, and health," said Beatriz, a pseudonym used to protect the identity of the woman, who was then 22 years old. This ruling marks "a historic step," said Piquer.

In El Salvador, abortion is prohibited under any modality and is punishable by prison sentences of two to eight years, but it is usually interpreted by the courts as aggravated homicide, which carries sentences of up to 50 years in prison.

More:
https://www.batimes.com.ar/news/latin-america/amnesty-international-welcomes-iachrs-condemnation-of-el-salvador-for-denying-abortion-to-sick-woman.phtml

[Judi Lynn]

1. Inter-American Court finds El Salvador liable for obstetric violence in high-risk pregnancy case

Daniela Pulido | Facultad de Derecho PUCP, PE
DECEMBER 21, 2024 06:48:31 AM

The Inter-American Court of Human Rights announced on Friday its judgment finding that El Salvador violated human rights law by denying a woman seeking a pregnancy termination timely access to medical care in 2013. The decision in Beatriz y otros v. El Salvador was adopted on November 22.

The court focused its ruling on the absence of clear medical protocols for high-risk pregnancies, which led to what it termed the “bureaucratization and judicialization” of essential medical care. The court found that extended waiting periods and hospitalizations while seeking legal approvals constituted dehumanizing treatment amounting to obstetric violence. This failure to provide adequate and timely healthcare violated Beatriz’s rights to personal integrity, health, and private life under both the American Convention on Human Rights and the Convention of Belém do Pará.

The court ordered El Salvador to establish clear medical and judicial guidelines for handling high-risk pregnancies within one year and implement training programs for healthcare workers and judicial personnel. The judgment included monetary reparations for Beatriz’s family and legal costs for women’s rights organizations.

The case involved a 22-year-old woman, identified by the pseudonym Beatriz, who faced prolonged delays in medical care despite carrying a non-viable fetus and experiencing severe health complications. During her second pregnancy, Beatriz, who suffered from systemic lupus erythematosus, lupus nephropathy, and rheumatoid arthritis, learned she was carrying a fetus with anencephaly — a condition incompatible with life outside the womb. Despite medical recommendations to terminate the pregnancy before 20 weeks due to serious risks to her health, doctors were unable to proceed due to fears of criminal prosecution. After multiple requests from her family and human rights organizations for access to therapeutic abortion were denied, Beatriz ultimately underwent a cesarean section at 26 weeks, and the baby died five hours after birth.

More:
https://www.jurist.org/news/2024/12/inter-american-court-finds-el-salvador-liable-for-obstetric-violence-in-high-risk-pregnancy-case/