What are the laws of El Salvador regarding abortion?

SAN SALVADOR –

Lilian had just given birth in a public hospital in El Salvador when she received two news: that her baby had died and that she would go to jail for aggravated homicide. In a country where laws against abortion are harsh, that death sentenced her to 30 years in prison, and she spent eight years in prison before a judge annulled the sentence.

Her case was part of the “17 and more” campaign of the Citizens’ Group for the Decriminalization of Abortion, where Lilian became the last woman to be released so far this year.

And there is no cause that justifies abortion in El Salvador: neither medical nor socioeconomic nor for rape. What’s more, abortion can be considered aggravated homicide in this country and the penalties range between 30 and 50 years in prison.

“We do not see any intention on the part of the (Salvadoran) State to reduce the harshness with which abortion is punished,” he told the Voice of AmericaMorena Herrera, president of the Citizen Group for the Decriminalization of Abortion.

Lilian’s case was that of an obstetric emergency that occurred in a public hospital in El Salvador in 2015. Her baby died 72 hours after giving birth, and she spent eight years in prison for the incident, until she was released early of this year.

“The sentence that sentenced Lilian to 30 years in prison is further evidence of the judicial cruelty with which the justice and health system reinforces the criminalization of young women who live in poverty,” Herrera added about the release of the woman. young.

Since 2018, the Citizen Group for the Decriminalization of Abortion began a legal battle against the Supreme Court of Justice in El Salvador to commute the sentence.

One of the defense’s main arguments was that the young woman was in state custody when the newborn’s death occurred.

However, Herrera believes that El Salvador could be forced to change its restrictive anti-abortion law following the ruling of the Inter-American Court of Human Rights on the Beatriz’s casea young Salvadoran woman who in 2013 requested the termination of her pregnancy after being diagnosed with lupus, kidney failure and arthritis.

That case was taken to the Inter-American Court of Human Rights in March 2023. The ruling is not yet known.

“We believe that the Court will recognize that Beatriz’s human rights were violated and will also recognize that it is not just an individual issue but will order non-repetition measures that will include some type of regulations and public policies in relation to abortion.” Herrera said to the VOA.

Appealing to the fact that the Court’s rulings are mandatory, Herrera sees hope that this case can set an important precedent in El Salvador, in the region and the world.

Civil organizations on women’s rights hope that the Inter-American Court will define whether or not the Salvadoran State is responsible for the alleged violation of the rights to life of the deceased young woman, as well as to her personal integrity, to her judicial guarantees, to privacy, equality before the law, judicial protection and the right to health.

“The ruling will most likely determine reparation measures for Beatriz’s family, and also structural measures on abortion in El Salvador that will be binding on the State,” he said. in a report International Amnesty.

No possibility of decriminalizing abortion

“Let it be totally clear: as long as Nuevas Ideas is the majority in the Legislative Assembly, there is not the slightest possibility that abortion will be legalized in El Salvador,” said Ernesto Castro, president of the Congress of El Salvador who was re-elected, in 2023. in office recently.

Nuevas Ideas is the political party of Salvadoran President Nayib Bukele, a party that also recently gained control of 90% of the Salvadoran Congress.

The Salvadoran president also believes that will not soften El Salvador’s restrictive anti-abortion laws.

“I am not in favor of abortion and I think that in the end, in the future, one day we are going to realize that it is a great genocide,” Bukele told Puerto Rican rapper Residente Calle 13 in 2020. Since then he has not met again. pronounce on the subject.

In 2021, the unicameral Congress rejected the request presented by organizations to authorize abortion on three grounds: when the woman’s life is at risk, when the life of the fetus is unviable and when the pregnancy is the product of rape or rape in women and minors. But the request was overwhelmingly rejected.

El Salvador is one of four Latin American countries that prohibits abortion without exceptions, along with Nicaragua, Honduras and the Dominican Republic.

Human rights organizations have demanded that States repeal laws that prohibit the voluntary interruption of pregnancy, but they have not obtained results.

So far in 2024, the Citizens’ Group for the Decriminalization of Abortion is working to defend five more cases of women prosecuted for crimes related to abortion and 11 that are in the administrative stage.

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