SAN SALVADOR, El Salvador — On Friday, the Inter-American Court of Human Rights held the government of El Salvador accountable for infringing upon the rights of a young woman, known as Beatriz, who was denied an abortion for her anencephalic fetus in a nation that enforces a complete prohibition on abortion.
The regional court, based in Costa Rica, determined that the government had committed obstetric violence, breached health regulations, and failed to respect the woman’s physical integrity due to pre-existing health concerns.
In its ruling, the court highlighted that a lack of protocols regarding high-risk pregnancies resulted in the woman receiving care that was unduly complicated and hindered by bureaucratic processes back in 2013. Beatriz requested the termination of her pregnancy early on, but this request was denied. Tragically, the fetus passed away shortly after birth.
Various organizations brought forward the case, advocating for reparations for Beatriz’s family, as she sadly lost her life in a traffic accident in 2017. The Salvadoran government, in its defense, contended that the medical personnel had the independence to determine the optimal treatment and prioritize the fetus’s life.
As part of its ruling, the court mandated that the Salvadoran government pay $75,000 in damages to Beatriz’s remaining family members, which would include her son.
Beatriz’s second pregnancy was particularly risky, as she had previously been diagnosed with lupus and rheumatoid arthritis, among other health issues. Her initial pregnancy was challenging, requiring multiple hospital stays, including a 38-day stay for her newborn after delivery.
Following the diagnosis of anencephaly—a severe congenital defect where the fetus has an underdeveloped brain and skull—a 15-member medical committee advised terminating the pregnancy at 14 weeks to mitigate risks to Beatriz’s health, according to testimonies presented in court.
The Inter-American Commission on Human Rights, which referred the case to the court, indicated that the official response was that abortion was not permissible under the country’s laws.
Ahead of the ruling, Morena Herrera, president of the Citizen Group for the Decriminalization of Abortion, expressed that a decision in favor of Beatriz would be a significant advancement for women’s rights and their health entitlements.
Contrasting this view, Julia Regina de Cardenal, president of the Yes to Life Foundation, voiced concerns that the ruling could set a precedent affecting abortion laws in El Salvador and potentially influence other Latin American nations.
“What we fear is that this will not only push our country to legalize abortion, but also influence other countries in the region,” she remarked.