The Inter-American Court of Human Rights issued a judgment holding El Salvador accountable for human rights violations linked to obstetric violence in a 2013 case of a high-risk pregnancy. The decision, known as Beatriz y otros v. El Salvador, was announced on November 22.
The court identified the lack of defined medical protocols for high-risk pregnancies as a key issue, pointing out how it led to “bureaucratization and judicialization” of vital medical care. Protracted delays and hospital stays while waiting for legal clearances were deemed to constitute dehumanizing treatment and obstetric violence. Consequently, El Salvador was found to have breached Beatriz’s rights to personal integrity, health, and privacy under the American Convention on Human Rights and the Convention of Belém do Pará.
- El Salvador is required to establish medical and judicial guidelines for high-risk pregnancies within a year.
- The country must implement training for healthcare workers and judicial personnel.
- Monetary reparations are also to be made to Beatriz’s family and covering costs incurred by women’s rights groups.
Beatriz, a 22-year-old, was denied timely medical care despite her critical health conditions and the non-viability of her fetus. Her health complications, compounded by systemic lupus erythematosus, lupus nephropathy, and rheumatoid arthritis, were life-threatening. Yet, doctors hesitated to proceed with a medically advised abortion due to fears of legal consequences. Ultimately, after repeated appeals were rejected, Beatriz underwent a cesarean section at 26 weeks, leading to the baby’s death shortly thereafter.
While the court’s decision addressed significant human rights violations, it notably refrained from tackling El Salvador’s absolute ban on abortion, which has drawn criticism. In a partially dissenting opinion, Judge Humberto Sierra Porto underscored the court’s failure to consider the broader impact of criminalizing abortion, warning that this approach might weaken the defense of women’s sexual and reproductive rights in the region.
This narrowly focused decision contrasts with the broader stance of the Inter-American Commission on Human Rights, which, in a March 2020 merits report, found that El Salvador’s absolute abortion ban significantly harmed Beatriz’s rights, particularly highlighting the potential threat to a woman’s life and health.
El Salvador maintains a highly restrictive abortion policy, often cited as one of the world’s toughest. Human Rights Watch and Amnesty International have noted severe penalties, such as 50-year prison sentences for abortion-related charges, including cases of miscarriage. While countries like Colombia, Argentina, and Mexico have seen advances, many regions exhibit persistent stringent limitations, disproportionately affecting marginalized women and healthcare providers.