HomeCentral AmericaEl SalvadorLandmark Abortion Rights Case to Be Heard by Inter-American Court

Landmark Abortion Rights Case to Be Heard by Inter-American Court

For the first time in its history, the Inter-American Court of Human Rights (IACHR) will hear a case this week about the legality of denying a woman access to abortion services.

A woman identified only as “Beatriz” is symbolically squaring off against the Central American country of El Salvador, which enforces an absolute ban on the procedure regardless of the fetus’s health or any risk to the pregnant woman.

The country will be in the dock before the Costa Rica-based IACHR for alleged human rights violations and “torture” for forcing Beatriz to carry a non-viable fetus for nearly three months despite a risk to her health.

“The fact that the Court has agreed to hear this case strongly indicates… that the denial of any health service, including those that are controversial such as abortion, is a human rights violation,” said Maria Antonieta Alcalde of the Ipas reproductive rights NGO, which is among the plaintiffs. 

Beatriz, who died in a traffic accident in 2017 after the case was filed, is taking El Salvador to task for denying her an abortion despite doctors knowing she was carrying a non-viable fetus at great risk to herself.

A form of torture

In El Salvador, abortion has been prohibited since 1998 under penalty of jail time of up to eight years. Courts frequently find women guilty of the crime of aggravated homicide instead, imposing sentences that can go up to 50 years.

Beatriz suffered from an auto-immune disease when she fell pregnant for the second time in 2013 at 20, after already going through a previous complicated birth.

The fetus was found to be unviable due to a severe developmental defect, and according to court documents, Beatriz was told she could die if the pregnancy progressed.

She sought legal recourse to be allowed to get an abortion, but saw her case thrown out by the country’s Constitutional Court. She went into premature labor and the fetus died.

Gisela de Leon of the Center for Justice and International Law (Cejil), a rights NGO also among the plaintiffs, said the state had “violated (Beatriz’s) rights to life and personal integrity” by forcing her to carry the fetus for 81 days knowing it could not survive.

“We are claiming that the suffering to which she was subjected, knowing that her right to life was at risk, is a form of torture,” said De Leon. 

Beatriz’s family decided to pursue the case after her death so that “no other woman will go through what she went through,” according to her brother Humberto, 30, who withheld his surname to protect his sister’s identity.

He added his sister was a victim of a poor, marginalized upbringing which causes “such situations happening to women because they do not have access to a system that guarantees reproductive health.”

In Latin America, elective abortion is legal in Argentina, Colombia, Cuba, Uruguay, and some states in Mexico.

In several countries it is allowed in certain circumstances, such as rape or health risks, while outright bans apply also in Honduras, Nicaragua, Haiti and the Dominican Republic.

Several states in the United States have recently banned most abortions.

The IACHR will hear testimony from relatives of Beatriz and doctors who treated her. Gatherings of women are expected outside the IACHR court building in San Jose, as well as in San Salvador, capital of El Salvador.

The case will be heard over two days, with judgment expected in about six months.

Trending Now

Costa Rica’s Prison Population Hits Record Ahead of Mega-Prison Opening

Costa Rica held a record 21,173 adults in prison as of Oct. 7, up 42% since 2022, as the government prepares to open its 5,100-bed CACCO maximum-security prison.

Snoop Dogg’s Costa Rica Concert Is Canceled and Ticket Refunds Will Be Automatic

Snoop Dogg's December 3 concert in Costa Rica is canceled. Ticket refunds will be automatic, but a judicial employees' association's $2.32 million stake is unresolved.

Costa Rica Raids 80 Locations in Major Fuel Theft and Organized Crime Investigation

Costa Rica's OIJ carried out 80 raids Friday against an alleged network accused of stealing 654,000 liters of fuel and $1.5 million in cargo, with 22 detained.

Costa Rica Water Outage to Affect 13,000 in Heredia

More than 13,000 people in San Rafael de Heredia are expected to lose water service for six hours today, while crews clean two storage...

Woman Sought After 74-Year-Old American Found Dead in Playas del Coco

Police in Guanacaste are seeking a woman seen leaving a Playas del Coco condominium where a 74-year-old American man was later found dead.

Panama Earthquake Aftershocks Could Shake Costa Rica for Weeks

Costa Rica could experience more tremors in the coming days and weeks as Panama continues to record aftershocks from yesterday's powerful magnitude 7.7 earthquake....

Landslides Close Costa Rica’s Route 32 Between San José and Limón

Costa Rica’s main highway between San José and the Caribbean remained closed this morning after heavy rain triggered landslides at several points along...

Iron Maiden Ends 10-Year Absence With 50th-Anniversary Show in Costa Rica

Iron Maiden returned to Costa Rica after 10 years, bringing its 50th-anniversary tour and a song never played here before.

Is Snoop Dogg’s Costa Rica Concert Still Happening?

Update, Oct. 13: No. The production company, Stockwell Entretenimiento, announced Tuesday afternoon that Snoop Dogg’s December 3 concert in Costa Rica has been canceled...
Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel