The Inter-American Court analyzes the case ‘Beatriz against the State of El Salvador’

First modification: 03/22/2023 – 11:14

This March 22 and 23, the case of Beatriz against the State of El Salvador reaches the Inter-American Court of Human Rights (CourtHR).Upon learning of the null survival prognosis for the fetus and the possible complications for her health, the young Salvadoran woman, who suffered from the chronic disease lupus, among others, appealed to the Supreme Court of Justice (CSJ) of the Central American country in 2013, which denied her the abortion. Beatriz she passed away in October 2017 after suffering a traffic accident.

“Access to health treatment is not allowed”

He Center for Justice and International Law (CEJIL), a human rights defense organization, appears as a litigating party in the hearing of the Inter-American Court that takes place in San José, Costa Rica. “This hearing represents not only the first opportunity for the family to be heard by an international court that finally does justice for the violations suffered by Beatriz, but also an opportunity so that what happened to Beatriz does not continue to happen to more Salvadoran women. . Since 1998, the Salvadoran State penalized abortion under any circumstances. This means that even in cases where the health or life of women is at risk, in cases like Beatriz’s, in which the fetus suffers from anencephaly and there is no chance of life, women are not allowed to access a health treatment”, details for RFI Marcela Martino, deputy director of CEJIL.

In El Salvador, the current law is one of the most restrictive: it prohibits all types of abortion and punishes women and medical personnel who participate in it with jail. The feminist organizations of the Central American country hope that, after the two-day hearing, the Inter-American Court will condemn the Salvadoran State and establish a deadline to reform the law.

“First, there are many of the facts on which our positions are based that have not even been questioned or disputed by the State. There are things that are not in doubt. There is no doubt that Beatriz’s life and health was at risk for trying to carry a pregnancy to term that was not viable and that it was seriously complicating her integrity and her life. But in addition, many other protection bodies that are experts in the matter have already developed standards on the importance of guaranteeing this medical treatment to women and on the fact that the use of criminal law to prohibit it puts their lives and health at risk. details Martino.

“We are very confident”

CEJIL is optimistic regarding the ruling that the Inter-American Court will give: “We are very confident that Beatriz, her family, and the organizations that have accompanied her voice and continued her fight, will receive a sentence that not only recognizes the omissions and actions of the Salvadoran State, but also orders it to generate measures so that these cases do not repeat themselves”, says the deputy director of CEJIL.

On the other hand, “it is the first case on this subject that reaches the Inter-American Court of Human Rights, so it will be important to clarify to the States of the region that are parties to the American Convention what their obligations are in this matter to guarantee the women’s rights”, emphasizes Marcela Martino.

At the hearing, the magistrates will hear the statements of 42 witnesses before issuing a sentence.Groups opposed to the right to abortion in El Salvador have asked the Inter-American Court not to issue a ruling based on what they consider “lies.”