On December 20, the Inter-American Court of Human Rights (IACtHR) condemned the Salvadoran state in the case of Beatriz and others. Beatriz was a young Salvadoran mother who experienced a pregnancy that gravely endangered her health and whose fetus was incompatible with life. Against her explicit will, the Salvadoran authorities denied her timely access to terminate her pregnancy in 2013.
“This ruling is a heartfelt and long-awaited recognition of Beatriz’s memory and the path her mother, Delmy, and her family have led alongside dozens of feminist organizations and networks. Thanks to their struggle, we now have a stronger legal foundation for reproductive health protection, which is very welcome amidst regressive tensions in the region, particularly in El Salvador.” – Ana Piquer, Americas director at Amnesty International.
This ruling is a heartfelt and long-awaited recognition of Beatriz’s memory and the path her mother, Delmy, and her family have led alongside dozens of feminist organizations and networks. Thanks to their struggle, we now have a stronger legal foundation for reproductive health protection, which is very welcome amidst regressive tensions in the region, particularly in El Salvador.
Ana Piquer, Americas director at Amnesty International.
After years of feminist mobilization alongside Beatriz and her family, the IACtHR finally determined that El Salvador violated Beatriz’s rights to health, judicial protection, private life, and personal integrity, both for her and her family. The Court also acknowledged that the lack of protocols for addressing high-risk pregnancies, in a context of absolute abortion prohibition, prevented authorities from providing Beatriz with adequate and timely medical treatment, subjecting her to obstetric violence. Consequently, the Court ordered the Salvadoran state to adopt the necessary regulatory measures for situations involving pregnancies that endanger the life and health of women.
“This is a historic step, but not the end of the road. At Amnesty International, we will continue walking alongside Delmy, her family, and supporters to ensure that what Beatriz experienced is never repeated in El Salvador or across the continent. Every woman and pregnant person has the right to abortion, especially in cases like Beatriz’s, when their life and health are at risk.” – Ana Piquer.
This is a historic step, but not the end of the road. At Amnesty International, we will continue walking alongside Delmy, her family, and supporters to ensure that what Beatriz experienced is never repeated in El Salvador or across the continent. Every woman and pregnant person has the right to abortion, especially in cases like Beatriz’s, when their life and health are at risk.
Ana Piquer, Americas director at Amnesty International.
The IACtHR ordered the state to provide comprehensive health care to Beatriz’s family, train health personnel, state officials, and justice operators in maternal health, and adopt the appropriate regulatory measures to provide legal security in cases of high-risk pregnancies. The Salvadoran state must comply with the ruling promptly and report on its progress within a year.
This IACtHR ruling is also a wake-up call for all states in the hemisphere, especially those that maintain an absolute prohibition on abortion.
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