United Kingdom, February 2015: Since 1998, abortion has been prohibited in El Salvador, resulting in the death and imprisonment of many women. Under no circumstance, even rape, incest and when a woman carries a severely deformed fetus or her life is in great risk, does she have the right to terminate her pregnancy and she faces the risk to go to jail.
Article 133 of the Penal Law 1998 states:
“Whosoever induces an abortion with the woman’s consent, or a woman who induces her own abortion or consents to have another person perform an abortion on her, shall be sentenced to two to eight years in prison.”
Women who have been suspected for abortion, even if they have miscarried, have been convicted of aggravate homicide facing up to 50 years of imprisonment.
According to the World Health Organization (WHO):
“[Such] legal restrictions lead many women to seek services in other countries, or from unskilled providers or under unhygienic conditions, exposing them to a significant risk of death or disability. The maternal mortality ratio per 100.000 live births due to unsafe abortion is generally higher in countries with major restrictions and lower in countries where abortion is available on request or under broad conditions" (WHO, 2012, p.23)
Carmen Guadalupe Vasquez Aldana, who got pregnant after she was raped at age 18, was sentenced to 30 years of imprisonment in El Salvador after she miscarried. In February 2008 she was convicted of aggravated homicide, even though she had repeatedly supported that she lost her child due to medical complications. On April 1, 2014 the Citizen Group for the Decriminalization of Abortion (La Agrupación Ciudadana por la Despenalización del Aborto) requested pardons for Guadalupe and 16 other women.
On 21 January 2015, Guadalupe was granted pardon by the Legislative Assembly of El Salvador for the first time. Guadalupe is one case among 16 more women facing up to 40 years of imprisonment under similar circumstances while waiting for a pardon.
CITIZENS RIGHTS WATCH (CRW) welcomes the decision in Guadalupe’s case which notes a significant step forward against the Salvadorian repressive Anti-Abortion laws!
However, we claim that there are still many women who are already in jail or face conviction under similar charges.
We urge the release of all the women who have been convicted under charges of abortion and aggravate homicide and call for the respect of women’s rights!
We ask for decriminalization of abortion in all cases!
Most importantly, we call the public to raise their voices with us and chant "LET WOMEN DECIDE ABOUT THEIR BODY RIGHTS"
Sources:
Bougher K, (2015) “What’s Next for the Rest of the Salvadoran Women Imprisoned on Abortion-Related Charges?” RH Reality Check Available at: http://rhrealitycheck.org/article/2015/01/29/whats-next-rest-salvadoran-women-imprisoned-abortion-related-charges/
Center for Reproductive Rights and Agrupación Ciudadana “Marginalized, Persecuted, And Imprisoned the Effects of El Salvador’s Total Criminalization of Abortion” February 2014 Available at: http://reproductiverights.org/sites/crr.civicactions.net/files/documents/El-Salvador-CriminalizationOfAbortion-Report.pdf
OHCHR “Guadalupe’s pardon: UN experts urge El Salvador to pardon all women jailed for pregnancy complications and repeal restrictive abortion Geneva, 28 January 2015. Available at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15520&LangID=E
WHO, Safe Abortion: Technical and Policy Guidance for Health Systems 2nd ed., 2012
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