( Spanish) –– The Inter-American Court of Human Rights will analyze the “Beatriz” case, key in the abortion debate in El Salvador and as the young woman who was denied the possibility of terminating the pregnancy in 2013 by the country’s Supreme Court of Justice when she was 22 years old and 19 weeks pregnant.
During the public hearing that will be held on March 22 and 23, at the IACHR headquarters in Costa Rica, the declaration of 42 people proposed by both the plaintiffs and the State of El Salvador is scheduled.
The plaintiffs have requested that the international responsibility of the country be declared for the alleged violation of the rights to life, personal integrity, judicial guarantees, private life, equality before the law, judicial protection and the right to health.
This Monday, in San Salvador, the mother and brother of “Beatriz” asked for justice and that no other woman should face a similar situation.
The young woman had requested the termination of her pregnancy because she suffered from kidney failure, rheumatoid arthritis and lupus, a disease that affects the immune system. In addition, doctors had diagnosed that her fetus was developing in her womb without parts of her brain and her skull, and that it was impossible for her to live outside the womb.
“Her fight continues, and we as a family have resumed it and we will continue until justice is done for my sister so that no woman goes through what my sister had to go through again,” the brother said at a press conference. de Beatriz, who asked to be identified only as Humberto.
El Salvador has one of the most restrictive laws in this area, prohibiting all types of abortion and punishing women and medical personnel who participate in such a procedure with jail.
At the beginning of June 2013, the young woman had contractions and the doctors had to perform a cesarean section. Her baby was born and remained alive for approximately five hours. Her family assures that “Beatriz” suffered psychological damage after what happened.
The young woman died four years later, in 2017, in a traffic accident.
“The State should have guaranteed her rights and did not have to subject her to that suffering,” added the brother.
“We hope that the State of El Salvador is condemned and structural changes can be generated, that measures of non-repetition can be generated, we do not want there to be no other Beatrices who live this story,” said Sara García, from the Citizen Group for Decriminalization of Abortion.
requested a reaction to these hearings from the Secretary of Communications of the presidency, but so far has not received a response.
For its part, the Vida SV Foundation said in a tweet that it hopes that the Court will not rule on what they describe as “lies” by those who are suing the State since, according to that organization, Beatriz’s life was not at risk and considers that proof of this is that after the cesarean section she was able to recover and continue with her life.
“Our country showed that induced abortion is never necessary. Our legislation forced the State to provide the best medical care to Beatriz and her baby,” he said in another Twitter message.
Bukele has ruled out changing abortion laws
President Nayib Bukele ruled out in September 2021 that the draft reforms to the Constitution that he would deliver to the Legislative Assembly would include changes to the articles that regulate abortion, marriage and a dignified death.
“I have decided, so that there is no doubt, not to propose any type of reform to any article that has to do with the right to life (from the moment of conception), with marriage (maintaining only the original design, a man and a woman) or with euthanasia,” the president wrote at the time in a Facebook post.
The Penal Code, between its articles 133 to 139, prohibits all types of abortion. This has led organizations such as Amnesty International to point out that El Salvador has one of the most restrictive laws on this matter.
