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Salvadoran citizen Teodora Vasquez, 37, has served ten years out of a total 30-year prison sentence after her miscarriage was ruled an "abortion" and was charged with aggravated murder.
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Vasquez suffered a stillbirth in July 2007, during her ninth month of pregnancy. She called an ambulance after experiencing strong abdominal pain but fell unconscious due to the pain. When she woke up, she discovered that her baby had died. Police accused her of inducing a miscarriage.
El Salvador's strict anti-abortion laws make no exceptions — they disregard whether pregnancy is the outcome of rape or if it poses medical risks for the woman. The maximum sentence for abortion cases is eight years. However, a woman who has an abortion or a miscarriage can face up to 50 years in prison if she is charged with aggravated homicide.
According to the Citizens Group for the Decriminalisation of Abortion, Vasquez is one of 27 women currently serving up to 30 years for "aggravated homicide" in connection with abortions or miscarriages.
Teodora's defense included forensic testimony by three medical experts who concluded the original autopsy had been inadequate. Her lawyer, Victor Hugo Mata, pointed out: "If someone is intending to kill their baby, they would not call 911 as Teodora did."
Human rights organization Amnesty International has supported Vasquez during the judicial process and submitted 250,000 signatures to the Salvadoran government demanding her release. In a visit earlier this year, the U.N. High Commissioner for Human Rights urged the Salvadoran government to stop enforcing Article 133 of the Penal Code, which prohibits abortion in all cases.
Four more countries in Latin America have a complete ban on abortion: Nicaragua, Honduras, Haiti and Suriname. Only Cuba, Uruguay and Mexico City allow abortions without restrictions within the first 12 weeks of pregnancy.
Recently, Chile and Bolivia eased their restrictions on abortion in spite of opposition from right-wing christian groups. This year, Bolivia decided to legalize abortions for girls and teenagers within the eighth week of pregnancy. Chile, which previously banned abortions in all circumstances, has legalized them when a woman’s life is at risk, in case of rape or when a fetus is not viable.
Anti-abortion groups across Latin America frequently receive millions from "pro-life" groups based in the United States, according to a research piece by The Guardian.
U.N. experts consider the criminalization of abortion as a form of discrimination based on sex and a "grave violation of women's human rights." However, progress in the realization of reproductive rights in Latin America is slow as anti-abortion groups are increasingly organizing and pressuring governments.
In Brazil, for example, evangelical lawmakers are pushing a prohibition on abortion in all cases, including rape and risk for the woman's life. The measure will be discussed in Congress next year.
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