IN THE BELLY OF THE BEAST:THE STRUGGLE FOR ABORTION RIGHTS AND REPRODUCTIVE FREEDOM IN EL SALVADOR

Authors

Cho, Karen Hyunbee

Abstract

El Salvador maintains one of the most restrictive abortion regimes globally. Abortion is prohibited in all circumstances, and women who undergo the procedure may face prosecution for aggravated homicide, punishable by sentences of up to fifty years’ imprisonment. Healthcare professionals who assist with such procedures can likewise face criminal liability, with penalties of up to twelve years of imprisonment. This article concerns the case of a woman named Beatriz (surname unlisted) in El Salvador who sought an abortion in 2013 when she was medically diagnosed with a high-risk condition and an anencephalic fetus during her pregnancy. She was denied her request by the Salvadoran Supreme Court, and her case was subsequently filed at the Inter-American Commission on Human Rights (IACHR), which, in its March 2020 Merits Report, found the State of El Salvador liable for infringing on Beatriz’s right to life, health, personal integrity, and privacy. Her case was referred to the Inter-American Court of Human Rights (IACtHR) in January 2022 and is currently pending its ruling.

This article examines Beatriz’s case from the vantage point of comparative law. In recent years, there has been a discernible trend in Latin America and beyond to safeguard the right to legal abortion and reproductive autonomy. I chart this global evolution and demonstrate that these changes are firmly anchored in robust human rights principles. This analysis proposes that the obligations bestowed upon the Salvadoran government–both under international treaties and Salvadoran Constitutional law –strongly support a ruling by the Court in favor of Beatriz, finding the Salvadoran government guilty of accosting the defendant’s right to life, health, liberty, equality, and non-discrimination by depriving her of this vital procedure despite meriting circumstances.

This article helps to shape the contours of Beatriz’s case and provides context for understanding the Inter-American Court’s forthcoming ruling. While the primary focus is on El Salvador, this article holds broader significance. It represents the most comprehensive study to date on comparative abortion laws and policies around the world. It thus offers insights that are valuable to other countries that are considering amendments to abortion policies, especially countries in the Latin American region, such as Haiti, Nicaragua, and the Dominican Republic, all of which similarly ban abortion like El Salvador and are bound under similar international treaties, such as the American Convention of Human Rights.

Recommended Citation

Cho, Karen Hyunbee, IN THE BELLY OF THE BEAST:THE STRUGGLE FOR ABORTION RIGHTS AND REPRODUCTIVE FREEDOM IN EL SALVADOR, 24 Santa Clara J. Int'l L. 23 (2026).
Available at: https://digitalcommons.law.scu.edu/scujil/vol24/iss1/2