32.
The IACHR underscores that this case takes place in a context of the criminalization of
abortion in El Salvador. Several international bodies have addressed the impact the ban has had on Salvadoran
women.
33.
In the United Nations, the United Nations Special Rapporteur on violence against women has
stated that the absolute criminalization of abortion in El Salvador has direct consequences for maternal
morbidity and mortality. In her 2011 report, the Rapporteur stated that without legal, safe, and timely options,
many women have had to turn to practices that are dangerous and even deadly; they abstain from seeking
medical services; or they experience obstetric emergencies without the necessary medical care.3 She also noted
that according to the Ministry of Health, the maternal mortality rate among adolescents was 15.3% in 2003,
26% in 2004, and 21.4% in 2005, with unsafe and clandestine abortion becoming the second of the 10 main
causes of female mortality in El Salvador.4
34.
For its part, the United Nations Human Rights Committee has expressed concern at the
severity of El Salvador's abortion laws and urged the State to take measures to bring its legislation into line
with the provisions of the International Covenant on Civil and Political Rights regarding the right to life in order
to help women prevent unwanted pregnancies and so they will not have to see clandestine abortions, which
can put their lives at risk.5
35.
The Committee also expressed concern in 2011 over the fact that “women seeking treatment
in public hospitals have been reported to the judicial authorities by medical staff who believe they have been
involved in abortions, that legal proceedings have been brought against some of these women, and that in some
cases these proceedings have resulted in severe penalties for the offence of abortion or even homicide, an
offence interpreted broadly by the courts. Even though the Constitutional Chamber of the Supreme Court has
ruled that in cases of vital need a woman facing criminal proceedings for abortion can be absolved of criminal
responsibility, the Committee is concerned that this legal precedent has not been followed by other courts and
that criminal proceedings against women accused of abortion have not been dropped as a result.”6
36.
Likewise, in 2014, the United Nations Committee on Economic, Social, and Cultural Rights
expressed concern regarding El Salvador’s
“complete ban on abortion, which affects poor and less educated women in particular, with no
allowance for exceptional circumstances, which has given rise to grave situations of distress
and injustice. The Committee is particularly concerned at cases in which women whose health
was seriously at risk have turned to the health system and been reported on suspicion of
having had an abortion. In some cases disproportionate criminal penalties have been imposed
with no regard for due process. The Committee is also concerned at the high number of unsafe
and illegal abortions, which have serious consequences for health and are still one of the main
causes of maternal mortality.”7 The Committee urged the State to provide quality treatment
for complications arising from abortions carried out in unsafe conditions, rather than focusing
on criminal prosecution.8
37.
Also, the Committee on the Elimination of Discrimination against Women stated in 2017 that
it was concerned about the absolute criminalization of abortion in El Salvador, pursuant to article 133 of the
Human Rights Council, Report of the Office of the Special Rapporteur on violence against women, its causes and consequences, Ms.
Rashida Manjoo, Addendum - Follow-up mission to El Salvador, para. 66, (2011).
4 Human Rights Council, Report of the Office of the Special Rapporteur on violence against women, its causes and consequences, Ms.
Rashida Manjoo, Addendum - Follow-up mission to El Salvador, para. 66, (2011).
5 United Nations Office of the High Commissioner of Human Rights, “Compilación de observaciones finales del Comité de Derechos
Humanos sobre países de América Latina y el Caribe (1977-2004).” Published by the OHCHR and the Human Rights Center of the
Universidad de Chile.
6 Concluding observations of the Human Rights Committee on El Salvador, CCPR/C/SLV/Co/6 (2010).
7 United Nations Committee on Economic, Social and Cultural Rights, Concluding observations on the combined third, fourth and fifth
periodic reports of El Salvador, UN document E/C.12/SLV/CO/3-5, June 19, 2014, para. 22.
8 United Nations Committee on Economic, Social and Cultural Rights, Concluding observations on the combined third, fourth and fifth
periodic reports of El Salvador, UN document E/C.12/SLV/CO/3-5, June 19, 2014, para. 22.
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