HIGHLIGHTS OF RESULTS
Advocating for the rights of women in El Salvador
“Manuela” is a 33-year-old mother of two, who was convicted of murder and sentenced to 30 years in prison after suffering severe complications while giving birth to a
stillborn baby, in El Salvador. When Manuela arrived at the
hospital seeking emergency health care after the delivery,
she was slipping in and out of consciousness. Instead of
attending to her medical needs, the doctors reported her
to the police on the suspicion that she had undergone
an illegal abortion. She was shackled to her hospital bed
and accused of murder. The facts of this case mirror those
of at least 24 other cases in El Salvador of women who
have been convicted of aggravated homicide after having
a miscarriage or an abortion. El Salvador bans abortion in
all circumstances, without exception.
Manuela’s case is significant, however, since it was heard
by the Inter-American Commission on Human Rights,
which declared the case as admissible, representing the
first time that an international human rights mechanism
considered the case of a woman who has been criminalized while seeking medical care due to pregnancy complications. By virtue of its mandate to promote and protect
all human rights and within the framework of the longstanding cooperation of UN Human Rights with the InterAmerican system for the protection of human rights, the
Office submitted an amicus brief in this case. Specifically,
the brief referenced international human rights law and
focused on the impact of laws criminalizing abortion, total
bans on abortion, the right to life, the right to the highest
attainable standard of physical and mental health, freedom from torture and other cruel, inhuman and degrading treatment, freedom from gender-based violence and
freedom from discrimination of women and girls affected
by such laws, as well as the right to a fair trial.
UN Human Rights has closely monitored all of the cases
leading to the imprisonment of women unjustly accused
of illegally terminating their pregnancy. During his first official visit to El Salvador, the High Commissioner met with
women who were incarcerated in the Ilopango Women’s
Detention Centre after being convicted of “aggravated
homicide” in connection with obstetric emergencies.
The High Commissioner asserted, “I have rarely been as
moved as I was by their stories and the cruelty they have
endured. It only seems to be women from poor and humble backgrounds who are jailed, a telling feature of the
injustice suffered.” The High Commissioner also called
upon El Salvador to launch a moratorium on the application of article 133 of the Penal Code and review all cases
where women have been detained for abortion-related
offences with the aim of ensuring compliance with due
process and fair trial standards.
During his visit to El Salvador, the High Commissioner met with women human rights defenders advocating for an end to the absolute
prohibition on abortion in the country, November 2017. © OHCHR/Central America
46
UN HUMAN RIGHTS REPORT 2017
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