EL SALVADOR-ABORTION-TBs-CCPR

Concluding Observations on Report 7 (2018) (Link)

Voluntary termination of pregnancy and reproductive rights

15. While the Committee notes that there are legislative proposals to amend existing legislation and to allow abortion under certain limited circumstances, it is concerned about the total prohibition of voluntary termination of pregnancy in the State party, which compels women and girls to resort to unsafe abortions that seriously endanger their lives and health. The Committee is also concerned about the disproportionate sentences of up to 40 years’ imprisonment imposed, on charges of aggravated homicide, not only on women seeking an abortion, but also on women who have suffered a miscarriage. The Committee is concerned at reports of a high suicide rate among pregnant women and at the fact that women treated in public hospitals are being reported by medical or administrative staff for the offence of abortion. The Committee acknowledges the efforts made to improve women’s and girls’ access to sexual and reproductive health services, as well as the reduction in maternal mortality. However, it remains concerned about the reported persistence of maternal mortality due to unsafe abortions, as well as the high rates of child and teenage pregnancy, and about reports of the inadequate coverage and quality of reproductive health services. It is also concerned at reports that persons with disabilities are being forcibly sterilized (arts. 2, 3, 6, 7, 17, 24 and 26).

16. The Committee urges the State party to amend its abortion legislation as a matter of urgency in order to guarantee safe, legal and effective access to voluntary termination of pregnancy where the life or health of the pregnant woman or girl is at risk or where carrying the pregnancy to term could cause the pregnant woman or girl substantial harm or suffering, especially in cases where the pregnancy is the result of rape or incest or when it is non-viable. The Committee reiterates its previous recommendation and urges the State party to suspend immediately the criminalization of women for the offence of abortion. The State party should also review all cases of women who have been imprisoned for abortion-related offences, with the aim of ensuring their release, and ensure that these women have access to legal assistance and to due process. It should not apply criminal sanctions to women and girls who undergo abortions or to medical service providers who help them to do so, since such measures compel women and girls to resort to unsafe abortions, and it should ensure that the professional secrecy of medical staff and patient confidentiality are observed. Furthermore, it should ensure unimpeded access to high-quality sexual and reproductive health services nationwide, as well as educate and raise awareness among men, women, adolescents and health service providers. It should also ensure that all procedures are followed to obtain the full and informed consent of persons with disabilities with regard to sterilization. To this end, the State party should offer special training to health personnel to better acquaint them with the harmful effects and consequences of forced sterilization.

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Concluding Observations on Report 6 (2010) (Link)

10. The Committee expresses its concern that the current Criminal Code criminalizes all forms of abortion, given that illegal abortions have serious detrimental consequences for women’s lives, health and well-being. The Committee remains concerned that women seeking treatment in public hospitals have been reported to the judicial authorities by medical staff who believe they have been involved in abortions, that legal proceedings have been brought against some of these women, and that in some cases these proceedings have resulted in severe penalties for the offence of abortion or even homicide, an offence interpreted broadly by the courts. Even though the Constitutional Chamber of the Supreme Court has ruled that in cases of vital need a woman facing criminal proceedings for abortion can be absolved of criminal responsibility, the Committee is concerned that this legal precedent has not been followed by other courts and that criminal proceedings against women accused of abortion have not been dropped as a result (articles 3 and 6 of the Covenant).

The Committee reiterates its recommendation that the State party should amend its legislation on abortion to bring it into line with the Covenant. The State party should take measures to prevent women treated in public hospitals from being reported by the medical or administrative staff for the offence of abortion. Furthermore, until the current legislation is amended, the State party should suspend the prosecution of women for the offence of abortion. The State party should open a national dialogue on the rights of women to sexual and reproductive health.

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Concluding Observations on Report 3-5 (2003) (Link)

14. The Committee expresses its concern at the severity of the current law against abortion in the State Party, especially since illegal abortions have serious detrimental consequences for women’s lives, health and well-being.

The State Party should take steps to bring its legislation into line with the Covenant as regards the protection of life (art. 6), so that women can be helped to avoid unwanted pregnancies and need not to resort to clandestine abortions that may put their lives in danger, as mentioned in the Committee’s General Comment No. 28.

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Concluding Observations on Report 2 (1994) (Link)

[no mention]

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Concluding Observations on Report 1 (1983) (Link)

[no mention]

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