Erosion of Women's Rights in El Salvador Amid State of Emergency

El Salvador has some of the most restrictive reproductive laws globally, with a total abortion ban in place since 1998, including in cases of rape, incest, or risk to the mother's life. Under this legal framework, women experiencing obstetric emergencies, such as miscarriages or stillbirths, are often criminalized. A recent case involved a 19-year-old trainee nurse who suffered a miscarriage and was subsequently arrested and charged with aggravated homicide, facing a potential 50-year sentence. This reflects a broader trend where women seeking medical help are reported by hospital staff and prosecuted under severe legal penalties.

The Guardian

In March 2022, President Nayib Bukele declared a "state of exception" to combat gang violence, which has led to significant human rights violations. This state of emergency has suspended due process, allowing for arbitrary detentions and extended periods without legal representation. Advocates report that at least 29 women have faced investigations since the declaration, with many currently imprisoned under charges related to obstetric emergencies. The legal landscape has shifted dramatically, with women now presumed guilty rather than innocent, and legal defenses severely hampered.

The Guardian

Despite previous progress, including the release of 81 women imprisoned for abortion-related charges between 2009 and 2023, the current political climate has stifled advocacy efforts. The Citizens’ Group for the Decriminalisation of Abortion, the only organization campaigning for reproductive rights in El Salvador, announced its dissolution, citing an increasingly hostile environment. Morena Herrera, a prominent reproductive rights advocate, noted that the state of emergency has created a "new spiral of criminalisation against women."

The Guardian

Critics argue that Bukele's emergency powers have led to a climate of fear among medical professionals and legal defenders, deterring them from intervening in cases involving women's health. Paula Ávila-Guillén from the Women’s Equality Center emphasized that the emergency measures are misapplied to women not involved in criminal activities, resulting in a chilling effect on healthcare and legal support. Furthermore, the installation of surveillance cameras in hospitals has raised concerns about patient privacy and the safety of women seeking medical care.

The Guardian

The re-criminalization of women in El Salvador is part of a larger trend of eroding women's rights across Latin America. Similar restrictions have been observed in Argentina, Chile, and Ecuador, where access to reproductive health services is being curtailed. Advocates express concern that Bukele's alignment with conservative international positions, including those of Donald Trump, reflects a lack of political will to address these human rights abuses.

The Guardian

• “We are experiencing a new spiral of criminalisation against women,” — Morena Herrera, Reproductive Rights Advocate

The Guardian

• “Now it is detention first, investigation later, often without meaningful access to legal defence,” — Paula Ávila-Guillén, Women’s Equality Center

The Guardian

• “Strongman leaders believe this is the cost of doing business,” — Paula Ávila-Guillén, Women’s Equality Center

The Guardian

While some reports indicate that the legal framework has been applied more leniently in recent years, the current state of emergency has reversed these gains. The extent of the impact on women's rights and the number of women currently imprisoned remains unclear, with varying accounts from different advocacy groups.

The Guardian