EL SALVADOR-ABORTION-TBs-CEDAW

Concluding Observations on Report 8-9 (2017) (Link)

Health

36. The Committee welcomes the preparation of a bill on sexual and reproductive health in December 2016, the development of a strategy aimed at reducing adolescent pregnancies, the introduction of the comprehensive and integrated health service networks and the efforts to make reproductive health services available at all times at most maternity clinics. It notes that these actions have increased the number of prenatal visits and expanded institutional coverage, leading to a significant decrease in maternal mortality. While noting the numerous efforts to enhance women’s and girls’ access to reproductive health services, including the Young Women’s City Programme, the Committee remains concerned at the limited impact of such measures, especially in view of the high fertility and early pregnancy rates among adolescent girls. The Committee is also concerned at the stigmatization of women in prostitution and women living with HIV/AIDS who seek sexual and reproductive health services.

37. In line with its general recommendation No. 24 (1999) on women and health, the Committee recommends that the State party:

(a) Expedite the adoption of the bill on sexual and reproductive health and a strategy aimed at reducing adolescent pregnancies;

(b) Strengthen measures to ensure the access of girls, adolescents and women, including those living in rural areas, to adequate sexual and reproductive health services, including modern contraceptive methods and family planning, while giving special attention to the prevention of early pregnancies and unsafe abortions and to appropriate education on sexual and reproductive health rights and responsible sexual behaviour;

(c) Conduct a comprehensive analysis of access to sexual and reproductive health services and contraception, gathering information on the impact of programmes to reduce and prevent pregnancy among adolescent girls for inclusion in its next periodic report;

(d) Raise awareness within health service networks of the need to destigmatize women seeking sexual and reproductive health services, in particular women engaged in prostitution and women living with HIV/AIDS.

Abortion

38. The Committee is concerned about the absolute criminalization of abortion, pursuant to article 133 of the Criminal Code, and the fact that women often resort to unsafe methods of abortion, thus facing a serious risk to their health and life. The Committee is also concerned at the:

(a) Prosecution of women for having an abortion, the long periods spent by women in pretrial detention and the disproportionate criminal penalties applied to women seeking abortion and to women who have had a miscarriage;

(b) Incarceration of women reported to the authorities after visiting a hospital in need of care by health personnel who fear punishment.

39. The Committee recommends that the State party amend article 133 of the Criminal Code to legalize abortion, at least in cases of rape, incest, threats to the life and/or health of the pregnant woman or severe fetal impairment. The Committee reiterates its previous concluding observations (CEDAW/C/SLV/CO/7, para. 36) and encourages the State party:

(a) To introduce a moratorium on the enforcement of the current law and review the detention of women for abortion-related offences, with the aim of ensuring their release and upholding the presumption of innocence and due process in abortion-related proceedings;

(b) To ensure that professional secrecy for all health personnel and confidentiality for patients are guaranteed.

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Concluding Observations on Report 7 (2008) (Link)

Health

35. While noting with appreciation the large number of health policies, programmes and services elaborated by the State party, the Committee is concerned that vulnerable groups of women, in particular in rural areas, still have difficulties in accessing health-care services. The Committee is further concerned at contradictory statistics available on the issue of maternal mortality which did not allow it to gain a precise understanding of the situation. The Committee is alarmed at the high incidence of births among adolescents, as well as at the high number of illegal abortions, including among very young women, which have a negative impact on women’s physical and mental health. The Committee is further concerned at the limited effectiveness of sex education programmes for girls and boys in school curricula. It also regrets the lack of information available on the issue of HIV/AIDS, as well as on the apparent feminization of this phenomenon in the State party.

36. The Committee draws attention to its general recommendation 24 and recommends that comprehensive research be undertaken into the specific health needs of women, including reproductive health. It also recommends the financial and organizational strengthening of family planning programmes addressed to women and men and the provision of wide access to contraceptives for all women and men, including teenagers and young adults. The Committee urges the State party to reinforce programmes on sex education for both girls and boys in order to foster responsible sexual behaviour. The Committee requests the State party to include information on the impact of programmes to reduce and prevent pregnancy among adolescents in its next periodic report, including on programmes to foster responsible sexual behaviour targeting both girls and boys. It also requests the State party to include information in its next report on death and/or illness as a result of or related to illegal abortion. The Committee urges the State party to facilitate a national dialogue on women’s right to reproductive health, including on the consequences of restrictive abortion laws. The Committee also urges the State party to address the gender aspects of HIV/AIDS, including the power differential between women and men, which often prevents women from insisting on safe and responsible sex practices. It encourages the State party to strengthen its efforts to raise awareness and educate women and girls on ways to protect themselves from HIV/AIDS. The Committee urges the State party to ensure that women and girls are accorded equal rights and access to HIV/AIDS detection and related health care and social services.

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Concluding Observations on Report 3-6 (2003) (Link)

[no mention]

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Concluding Observations on Report 2 (1992) (Link)

[no mention]

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Concluding Observations on Report 1 (1986) (Link)

330. Some experts asked whether abortion was legal or illegal, whether sanctions existed against women and/or doctors involved in abortions, and whether family planning was being practised.

344. Abortion was a crime except for health reasons for the mother or the child and in cases of scandal and rape.

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