Résumé : This paper describes the existing legislation on abortion and reviews the political process that led to the Penal Code and constitutional reforms that criminalized induced abortion in El Salvador. It also examines the positions and actions of the various groups that pushed for reform in the Salvadoran Legislative Assembly, and of the groups that were against the continued criminalization of abortion. These groups include the Salvadoran government, legislators, the media, Catholic Church, right-wing Catholic groups, and women's movements. A comparison between the 1973 Penal Code and the existing Penal Code is also presented in this article. Moreover, reactions to the reforms on the part of various players in the medical profession, the judicial and legislative branches and a number of organizations operating in El Salvador are examined.
Site web : http://www.crlp.org/Résumé : This paper provides a descriptive analysis of the impact of changes to the abortion laws in El Salvador, using an analysis of files on abortion prosecutions opened since Penal Code provisions were made more restrictive in 1998. Moreover, this paper analyzes interviews with prosecutors and judges in the Salvadoran justice system, with a view to gain a fuller understanding of the impact generated by the application of these reforms, and to determine which women are not impacted in practice. The themes taken into account include: the criminal process; relevant terminology with regard to participation and criminal liability in abortion offenses; prosecution of abortion since the Penal Code reform came into effect; analysis of prosecutions involving women who have had abortions; and other abortion prosecutions.
Site web : http://www.crlp.org/Résumé : This paper focuses on the violation of the human rights of women as a result of punitive abortion legislation in El Salvador. It argues that the Salvadoran state has violated provisions and principles contained in national and international human rights instruments by failing to incorporate the necessary and appropriate measures to guarantee all of its citizens, and particularly young, single and low-income women, the ability to exercise their reproductive rights in general, and their right to abortion in particular. The criminalization of abortion resulting from the legal and constitutional reform process in 1998 and 1999 undermines the protection of women's rights by violating rights guaranteed by the Salvadoran Constitution and international conventions ratified by the country. These rights include the right to life, liberty and security of person; the right to health; the right to physical integrity; and the right to privacy. Moreover, it is emphasized that the Salvadoran government has failed to fulfill its commitments arising from the 1994 International Conference on Population and Development and the Fourth World Conference on Women in 1995.
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