On Friday, the Inter-American Court of Human Rights ruled against El Salvador for violating human rights standards in the case of a woman seeking an abortion in 2013.
This decision, which pertains to the case of Beatriz and others against El Salvador, became official on November 22.
Medical Care and Obstetric Violence
The court’s ruling exposed deep flaws in the medical protocols surrounding high-risk pregnancies.
It pointed out that the “bureaucratization and judicialization” of essential medical care led to extensive delays.
The necessary waiting periods for legal approvals and the accompanying hospitalization protocols created experiences that the court deemed dehumanizing, ultimately amounting to obstetric violence.
This failure to provide timely care was found to violate Beatriz’s rights to personal integrity, health, and privacy, as secured under the American Convention on Human Rights and the Convention of Belém do Pará.
Judgment and Recommendations
As a part of its judgment, the court instructed El Salvador to establish clear medical and judicial guidelines for managing high-risk pregnancies within one year.
Additionally, it called for the development of training programs aimed at healthcare professionals and legal workers.
Financial reparations were also granted to Beatriz’s family, which included coverage for legal costs incurred by women’s rights organizations involved in the case.
Broader Implications of Abortion Laws
Interestingly, the court’s ruling did not confront El Salvador’s blanket ban on abortion, a point that has drawn criticism.
Judge Humberto Sierra Porto, who partially dissented, voiced concerns that the court’s narrow scope of inquiry overlooked crucial human rights violations.
He pointed out that neglecting the broader ramifications of criminalizing abortion—especially concerning maternal health and cases of fetal non-viability—could undermine efforts to protect women’s sexual and reproductive rights in the region.
This limited perspective contrasts sharply with findings from the Inter-American Commission on Human Rights, which released a merit report in March 2020.
The commission underscored that El Salvador’s total prohibition on abortion had dire implications for Beatriz’s rights, including her right to life and health.
It criticized the prioritization of protecting life from conception, especially when it placed the health of women in jeopardy, labeling the restrictive legal framework as a rollback of rights.
The commission noted that prior legislation had permitted therapeutic, eugenic, and ethical abortions.
El Salvador is known for enforcing some of the strictest abortion laws worldwide, with penalties that can reach up to 50 years in prison, even in cases involving miscarriages or urgent obstetric emergencies, as reported by Human Rights Watch.
While nations like Colombia, Argentina, and Mexico have made advances in abortion access, many others in Latin America maintain harsh restrictions.
These laws disproportionately affect marginalized women, who often face the greatest obstacles to necessary medical care.
Amnesty International has indicated that healthcare providers offering reproductive services frequently confront stigma, intimidation, threats, and even legal action.
Source: Jurist