Abortion in El Salvador
Encyclopedia
Abortion in El Salvador is illegal
. The law formerly permitted an abortion
to be performed under some limited circumstances, but, in 1998, all exceptions were removed when a new abortion law
went into effect.
's 1956 Penal Code contained no explicit exception to its prohibition of abortion, although, under accepted principles of criminal law
, one could be justified if necessary to preserve the life of the pregnant woman. In response to the fact that the practice of illegal abortion was common, and was a major contributor to the rate of maternal mortality, the Salvadoran government chose to expand the cases in which abortion was permitted.
Under the new Penal Code of 1973, an abortion could be legally allowed under three major conditions: if the pregnant
woman's life was endangered and abortion was the only means to preserve it, if her pregnancy had resulted from rape
or statutory rape
, or if a serious congenital disorder
was detected in the fetus
. An abortion caused on part of the woman's negligence was exempted from prosecution, and the government also provided reduced penalties for a woman of good standing if she had consented to an illegal abortion, or self-induced
one, in the interest of protecting her reputation
.
in 1992. One bill would have resulted in the investigation of medical clinics suspected of providing abortion; as a result of a 1993 study, overseen by a politician affiliated with the Christian Democratic Party
, several health care workers were arrested. Another proposal in 1993, which was supported by the Archbishop
of San Salvador
and the Say Yes to Life Foundation (a pro-life
group), would have made December 28, a traditional Roman Catholic
feast day known as the Day of the Innocents, the "Day of the Unborn".
In 1997, the Nationalist Republican Alliance
(ARENA) submitted a draft bill, designed to amend the Penal Code to withdraw all grounds under which abortion was then permitted. On April 25, 1997, the Legislative Assembly voted 61 out of 84 to approve this modification to the Code.
On April 20, 1998 the new Penal Code was enacted, removing the exceptions that had been instituted in 1973, including the provision for the pregnant woman's life. Under this Code, a person who performs an abortion with the woman's consent, or a woman who self-induces or consents to someone else inducing her abortion, can be imprisoned
for two to eight years. A person who performs an abortion to which the woman has not consented can be sentenced to four to ten years in jail; if the person is a physician
, pharmacist
, or other health care worker, he or she is instead subject to between six to 12 years.
El Salvador also amended its Constitution
in January 1999 to recognize human life from the moment of conception
.
s, or by the ingestion of harmful amounts of hormonal contraception
pills, antacid
s, or misoprostol
pills.
In an article published in the April 9, 2006 edition of the New York Times Magazine, writer Jack Hitt
explored the effect of 1998 Penal Code. The article later came under criticism when it was revealed that a woman mentioned as having been sentenced to 30 years in prison for an abortion, Carmen Climaco, had in fact been jailed for homicide after killing a full-term infant.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. The law formerly permitted an abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
to be performed under some limited circumstances, but, in 1998, all exceptions were removed when a new abortion law
Abortion law
Abortion law is legislation and common law which pertains to the provision of abortion. Abortion has been a controversial subject in many societies through history because of the moral, ethical, practical, and political power issues that surround it. It has been banned frequently and otherwise...
went into effect.
History of Salvadoran abortion law
El SalvadorEl Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
's 1956 Penal Code contained no explicit exception to its prohibition of abortion, although, under accepted principles of criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, one could be justified if necessary to preserve the life of the pregnant woman. In response to the fact that the practice of illegal abortion was common, and was a major contributor to the rate of maternal mortality, the Salvadoran government chose to expand the cases in which abortion was permitted.
Under the new Penal Code of 1973, an abortion could be legally allowed under three major conditions: if the pregnant
Pregnancy
Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...
woman's life was endangered and abortion was the only means to preserve it, if her pregnancy had resulted from rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
or statutory rape
Statutory rape
The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior...
, or if a serious congenital disorder
Congenital disorder
A congenital disorder, or congenital disease, is a condition existing at birth and often before birth, or that develops during the first month of life , regardless of causation...
was detected in the fetus
Fetus
A fetus is a developing mammal or other viviparous vertebrate after the embryonic stage and before birth.In humans, the fetal stage of prenatal development starts at the beginning of the 11th week in gestational age, which is the 9th week after fertilization.-Etymology and spelling variations:The...
. An abortion caused on part of the woman's negligence was exempted from prosecution, and the government also provided reduced penalties for a woman of good standing if she had consented to an illegal abortion, or self-induced
Self-induced abortion
A self-induced abortion is an abortion performed by the pregnant woman herself outside the recognized medical system. Although the term can include abortions induced through legal, over-the-counter medication, it also refers to efforts to terminate a pregnancy through alternative, often more...
one, in the interest of protecting her reputation
Reputation
Reputation of a social entity is an opinion about that entity, typically a result of social evaluation on a set of criteria...
.
Reform process and current law
Proposals to eliminate the exceptions to the general prohibition against abortion started to come before the country's Legislative AssemblyLegislative Assembly of El Salvador
The Legislative Assembly is the legislative branch of the government of El Salvador.The Salvadoran legislature is a unicameral body....
in 1992. One bill would have resulted in the investigation of medical clinics suspected of providing abortion; as a result of a 1993 study, overseen by a politician affiliated with the Christian Democratic Party
Christian Democratic Party (El Salvador)
The Christian Democratic Party is a political party in El Salvador.In the legislative elections, held on 16 March 2003, the party won 7.3% of the popular vote and 5 out of 84 seats in the Legislative Assembly. In the presidential election of 21 March 2004, the PDC supported Héctor Silva Argüello...
, several health care workers were arrested. Another proposal in 1993, which was supported by the Archbishop
Archbishop
An archbishop is a bishop of higher rank, but not of higher sacramental order above that of the three orders of deacon, priest , and bishop...
of San Salvador
San Salvador
The city of San Salvador the capital and largest city of El Salvador, which has been designated a Gamma World City. Its complete name is La Ciudad de Gran San Salvador...
and the Say Yes to Life Foundation (a pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
group), would have made December 28, a traditional Roman Catholic
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
feast day known as the Day of the Innocents, the "Day of the Unborn".
In 1997, the Nationalist Republican Alliance
Nationalist Republican Alliance
The Nationalist Republican Alliance is a conservative political party in El Salvador. It was founded on September 30, 1981, by Roberto D'Aubuisson, in order to oppose the reformist military junta that was ruling El Salvador at the time...
(ARENA) submitted a draft bill, designed to amend the Penal Code to withdraw all grounds under which abortion was then permitted. On April 25, 1997, the Legislative Assembly voted 61 out of 84 to approve this modification to the Code.
On April 20, 1998 the new Penal Code was enacted, removing the exceptions that had been instituted in 1973, including the provision for the pregnant woman's life. Under this Code, a person who performs an abortion with the woman's consent, or a woman who self-induces or consents to someone else inducing her abortion, can be imprisoned
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
for two to eight years. A person who performs an abortion to which the woman has not consented can be sentenced to four to ten years in jail; if the person is a physician
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
, pharmacist
Pharmacy
Pharmacy is the health profession that links the health sciences with the chemical sciences and it is charged with ensuring the safe and effective use of pharmaceutical drugs...
, or other health care worker, he or she is instead subject to between six to 12 years.
El Salvador also amended its Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
in January 1999 to recognize human life from the moment of conception
Fertilisation
Fertilisation is the fusion of gametes to produce a new organism. In animals, the process involves the fusion of an ovum with a sperm, which eventually leads to the development of an embryo...
.
Continued practice of abortion in El Salvador
A report in 2001 revealed that, after the new Penal Code went into effect in 1998, 69 cases of illegal abortions had been prosecuted. In 23 of those cases, the women involved had been turned over to the authorities by health care workers when they arrived at the hospital seeking treatment after an unsafe abortion. Most abortions had been self-induced, through the use of clothes hangerClothes hanger
A clothes hanger, coat hanger or coathanger, is a device in the shape of:* Human shoulders designed to facilitate the hanging of a coat, jacket, sweater, shirt, blouse or dress in a manner that prevents wrinkles, with a lower bar for the hanging of trousers or skirts.* Clamp for the hanging of...
s, or by the ingestion of harmful amounts of hormonal contraception
Hormonal contraception
Hormonal contraception refers to birth control methods that act on the endocrine system. Almost all methods are composed of steroid hormones, although in India one selective estrogen receptor modulator is marketed as a contraceptive. The original hormonal method—the combined oral contraceptive...
pills, antacid
Antacid
An antacid is a substance which neutralizes stomach acidity.-Mechanism of action:Antacids perform a neutralization reaction, increasing the pH to reduce acidity in the stomach. When gastric hydrochloric acid reaches the nerves in the gastrointestinal mucosa, they signal pain to the central nervous...
s, or misoprostol
Misoprostol
Misoprostol is a drug that is used for the prevention of non steroidal anti inflammatory drug induced gastric ulcers, for early abortion, to treat missed miscarriage, and to induce labor. The latter use is controversial in the United States. Misoprostol was invented and marketed by G.D...
pills.
In an article published in the April 9, 2006 edition of the New York Times Magazine, writer Jack Hitt
Jack Hitt
Jack Hitt is an American author. He is a contributing editor to The New York Times Magazine, Harper's, and This American Life. He served previously as a contributing editor to the now-defunct magazine Lingua Franca. He also frequently appears in places like Rolling Stone, Wired, and Outside Magazine...
explored the effect of 1998 Penal Code. The article later came under criticism when it was revealed that a woman mentioned as having been sentenced to 30 years in prison for an abortion, Carmen Climaco, had in fact been jailed for homicide after killing a full-term infant.
See also
- AbortionAbortionAbortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
- Abortion by country
- Abortion in ChileAbortion in ChileAbortion in Chile is illegal without exception. The Chilean abortion law is considered one of the most restrictive in the world.-Legal background:...
is also completely illegal. - Abortion in NicaraguaAbortion in NicaraguaAbortion in Nicaragua is completely illegal. Prior to a change in the law, which took effect on 18 November 2006, the law allowed pregnancies to be terminated for "therapeutic" reasons, but this clause is no longer in effect.-Abortion law in Nicaragua:...
is also completely illegal. - Abortion lawAbortion lawAbortion law is legislation and common law which pertains to the provision of abortion. Abortion has been a controversial subject in many societies through history because of the moral, ethical, practical, and political power issues that surround it. It has been banned frequently and otherwise...
External links
- "El Salvador's Cautionary Tale" by Rhonda Schlangen