women’s rights
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EL SALVADOR: ‘Legalising abortion is all about recognising women’s status as citizens’
CIVICUS speaks with Morena Herrera, president of Citizens’ Group for the Decriminalisation of Abortion, about the struggle for abortion rights in El Salvador, which has some of the most restrictive abortion laws in the world.Citizens’ Group is a Salvadoran civil society organisation that works to raise public awareness of sexual and reproductive health issues, advocates for the reform of abortion rights legislation and provides legal support to women accused of or convicted for having abortions or related crimes.
What’s the situation of women who need to have abortions in El Salvador?
Currently, El Salvador’s laws do not allow abortion under any circumstances, not even in the case of a pregnancy of a nine-year-old girl, a pregnancy entailing risk to the pregnant person’s life, or a case of foetal malformation incompatible with extra-uterine life. Even in ectopic pregnancies, which occur outside the uterus and cannot be carried to term, doctors are usually forced to wait until there is no foetal heartbeat before performing the termination, putting the pregnant woman at serious risk of haemorrhaging.
This is the reality faced by women seeking to terminate a pregnancy in El Salvador. They face legal restrictions, criminal charges, prosecution and the risk of imprisonment. All they have left is clandestine abortion, which is often unsafe. Women living in poverty face much greater risks. Those with financial resources can leave the country and seek assistance somewhere where abortion is legal, while those with no resources have no options.
This explains why suicide has become the leading indirect cause of maternal death among adolescents. In the absence of alternatives for terminating a pregnancy, some adolescents with imposed or unwanted pregnancies see suicide as the only way out.
How are Salvadoran feminist organisations, including Citizens’ Group, working for abortion to be decriminalised?
Feminist organisations in El Salvador – particularly Citizens’ Group and the Feminist Collective – have worked to open up a conversation about abortion from new perspectives. We approach it as an issue of public health, social justice and reproductive justice, as well as from the angle of democracy, since at the end of the day it is all about recognising women’s status as citizens.
Citizens’ Group works along three interrelated lines. The first is litigation and the legal defence of women criminalised for abortion or obstetric emergencies. We have denounced this as a violation of human rights and have managed to get 73 women who had been convicted out of prison.
Our second line of work is advocacy and campaigns for legal change. We have disseminated a narrative in defence of women’s rights and freedom, and we have submitted initiatives to reform the Penal Code, along with an appeal for unconstitutionality and petitions to follow up on a Supreme Court ruling that recognised the need to reform the legislation.
In this area we have made uneven progress. There has been progress in the field of public opinion, but this has not yet reflected on the legal framework, partly because politics in El Salvador are controlled by a single party, and partly because religious and conservative parts of society have an enormous influence over the state.
Our third area of work is litigation in international arenas such as the Inter-American and the United Nations human rights systems.
Who is for and against legal abortion in El Salvador?
In El Salvador, these two blocs are not homogeneous. The one that actively opposes abortion is not very numerous, but it includes people with a lot of economic power, media influence and the capacity to put pressure on institutions. They are small in number but have a lot of power. For instance, for a recent hearing at the Inter-American Court of Human Rights (IACtHR), they hired expensive law firms and went very well prepared. They also have an army of social media trolls who attack and threaten those of us who argue that change is necessary.
However, on the side of change there are numerous organisations, not only feminist and women’s rights organisations, but also human rights organisations that have gradually come to understand that the absolute criminalisation of abortion is a violation of human rights. These organisations have supported us at IACtHR hearings even though the decriminalisation of abortion is not the main focus of their work. They have done so from a social justice perspective in the face of a reality that is too unfair for women, and particularly for poor women.
This bloc, in sum, encompasses a broad spectrum of organisations and people committed to human rights but working mostly outside institutions and with far fewer financial resources and access to influential media.
What significance could an upcoming IACtHR ruling on the Beatriz case have?
The Beatriz case is an emblematic case in the struggle for the legalisation of abortion in El Salvador. It’s the case of a young woman who was prevented by the Salvadoran state from having an abortion, even though her pregnancy endangered her physical integrity and her life.
An IACtHR ruling on this case would have enormous significance. Already at the end of 2021, the IACtHR condemned the state of El Salvador in the Manuela case, the case of another young woman who was criminalised after suffering an obstetric emergency and died because she did not receive the required medical attention. This ruling established that the criminalisation of poor women facing obstetric emergencies is inseparable from the context of absolute criminalisation of abortion.
A ruling in the Beatriz case would highlight other consequences of the absolute prohibition of abortion and could lead to legal reform that prioritises women’s rights.
Civic space in El Salvador is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Citizens’ Group for the Decriminalisation of Abortion through itswebsite orFacebook page, and follow@AbortoPORlaVIDA on Twitter.
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INDIA: ‘Civil society organisations are at the forefront of the fight against gender-based violence’
CIVICUS discusses the recent wave of protests against gender-based violence (GBV) in India with Dr Kavitha Ravi, a member of the Indian Medical Association (IMA).Protests erupted across India after a 31-year-old female medical trainee was raped and murdered in a Kolkata hospital on 9 August. The IMA called a strike, with protests held in major cities including Kolkata and Mumbai. While the official strike has ended, many doctors, particularly junior doctors, remain on strike and protests continue to demand justice, accountability and safer working conditions for women.
What triggered the recent protests against GBV in India?
Protests erupted after the tragic rape and murder of a young female doctor at the R G Kar Medical College in Kolkata on 9 August. This horrific incident shocked the nation and sparked widespread outrage. In response, a coalition of doctors, medical associations such as the IMA and various resident and faculty associations joined together in a nationwide strike to demand justice for the victim and better safety measures for health workers, particularly women who face significant risks in the workplace.
Protesters are calling for major reforms, including the adoption of a Hospital Protection Act, which would designate hospitals as safe zones and introduce measures to create a safer environment for health workers. Their demands are part of a larger movement to comprehensively address GBV, prevent similar tragedies in the future and create a safer and more supportive working environment for everyone in the health sector.
What steps have been taken so far to ensure justice and the safety of female health workers?
The judicial system has acted swiftly by transferring the case to a higher authority to ensure a thorough investigation after concerns were raised about the police’s initial inquiry, which was not accepted by the students or the victim’s family. They were sceptical, believing the police might be favouring the college authorities and supporting the accused.
This decision aims to ensure a detailed investigation so justice can be done. The Supreme Court of India is also overseeing the case to monitor its progress, address any issues that may arise and ensure all necessary steps are taken to uphold justice.
In parallel, several initiatives are underway to improve the safety of female health workers. The Ministry of Health has proposed establishing a committee to review and improve safety protocols in health facilities. There are also plans to increase security in hospitals and establish a new national taskforce dedicated to improving safety through better infrastructure, advanced technology and additional security measures. However, despite these efforts, more needs to be done to combat GBV and ensure that these measures effectively protect female health workers.
How have the authorities responded to the protests?
The authorities have taken a mixed approach to the nationwide strike, combining concessions with new measures to address immediate concerns. The Health Ministry has drawn up a detailed plan to increase security in central government hospitals. This includes installing high-resolution CCTV cameras, monitoring access points with identification badges, deploying trained security personnel for constant patrolling and securing duty rooms for female staff. Hospitals are also encouraged to develop and regularly update emergency response plans and conduct mock drills.
In response to these measures, the IMA suspended its strike. However, other doctors’ associations have continued to protest for more substantial reforms. Many people remain dissatisfied, particularly after recent incidents of police violence. While the Supreme Court’s intervention may have temporarily eased the tensions, protesters remain concerned about the new measures’ effectiveness and full implementation.
Why is GBV so prevalent in India, and what’s being done about it?
Deep-rooted cultural, social, economic and legal factors account for the high prevalence of GBV in India. This is a patriarchal country where traditional gender roles and the subjugation of women are deeply entrenched. Women tend to be economically dependent on men, which traps them in abusive relationships that make it difficult for them to seek help or escape. Intergenerational cycles of violence perpetuate the problem, as children who witness or experience abuse may come to see such behaviour as normal.
Low literacy rates, particularly in rural areas, further limit women’s understanding of their rights and the available support. When they do seek justice, the system often fails to protect the victims or hold perpetrators accountable. Systemic failures in law enforcement and justice help perpetuate GBV.
Many initiatives and campaigns have helped highlight and address this issue. But it has not been easy. A lack of consistent political will and weak implementation of policies have hindered substantial change. Feminist and social justice movements often face resistance from conservative parts of society, making it difficult to change these deeply entrenched cultural norms.
To combat GBV effectively, we need a comprehensive approach that includes better education, legal reform, economic empowerment and cultural change. Civil society organisations are at the forefront of this fight, actively advocating for stronger laws, better enforcement and increased public awareness. Continued and robust efforts are essential to address this widespread problem and ensure meaningful change.
Civic space in India is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with the Indian Medical Association through itswebsite orFacebook page, and follow@IMAIndiaOrg on Twitter.
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MEXICO: ‘The Supreme Court’s ruling marks a before and after in the struggle for reproductive justice’
CIVICUS speaks about the recent Supreme Court ruling decriminalising abortion in Mexico with Brenda Rodriguez, communications coordinator of Information Group on Reproductive Choice (GIRE, Grupo de Información en Reproducción Elegida).GIRE is a feminist and human rights organisation that has been working for almost 30 years so that women and other people with the capacity to bear children can exercise their reproductive rights.
What is the current state of abortion rights in Mexico?
In recent years, Mexico has made rapid progress in making abortion a guaranteed health service for all women and people with the capacity to bear children. Currently, 12 states have partly decriminalised voluntary abortion, but another 20 still consider it a crime.
Even in states where abortion has been decriminalised access to the procedure for all women and pregnant people is not guaranteed. Barriers to access are a constant.
So there is still a long way to go. Among the many pending issues is the need to stop considering abortion a crime and, instead, to include it in health and public policy regulations to ensure information is provided and guidelines are published guaranteeing comprehensive, safe and quality care.
Why is the recent Supreme Court ruling important?
The ruling issued by the Supreme Court on 6 September was a landmark achievement. This ruling decriminalised abortion at the federal level, forcing the Congress of the Union to repeal the articles of the Federal Penal Code that criminalise abortion. As a result, institutions that are part of the federal health system, such as the Mexican Institute of Social Security and the Institute of Security and Social Services for State Workers, will have to provide this service throughout Mexico to anyone requesting it.
This will have a major impact because these institutions serve the majority of the Mexican population, and a trend long observed by GIRE is that these institutions deny service under the argument that abortion is a crime under the Federal Criminal Code, the legislation that applies to the health personnel serving in them.
The Congress’s obligation to repeal the crime of abortion at the federal level will become effective once it receives formal notification from the Court, and must be implemented in the course of that same session.
Do you see this court ruling as a victory of the Mexican women’s movement?
The recent Court ruling marks a before and after in the struggle for reproductive justice, and it would not have been possible without the tireless commitment of feminist movements at local, national, regional and global levels, of which GIRE is a part.
The cultural change driven by the feminist movement throughout the Latin American region has been key to advances in pro-choice regulation and social decriminalisation and access to abortion as a health service.
GIRE has worked for the right to choose for over 30 years, during which time it has worked hand in hand with decision-makers, the media, public opinion and many organisations and collectives. The road travelled has resulted in a strong network on all fronts that has socially decriminalised abortion on the basis of the recognition of reproductive autonomy as a right.
Our work has been comprehensive. We have produced reports on the state of abortion rights in Mexico and made specific recommendations to ensure that access is guaranteed as a health service. We have carried out public policy advocacy and supported cases challenging human rights violations caused by the denial of the right to abortion. Our communications work has also been key, helping us place the issue of abortion on the public agenda, contributing to its social decriminalisation.
The strategy to repeal the crime of abortion at the federal level kicked off two years ago. In September 2021, in response to an action of unconstitutionality against the penal code of the state of Coahuila, the Federal Supreme Court unanimously declared that the absolute criminalisation of consensual abortion is unconstitutional. In September 2022, based on this precedent and as part of a legal strategy to eliminate the crime of self-procured and consensual abortion from all criminal codes, GIRE filed an appeal for legal protection against the Federal Congress and executive for having issued a regulation that criminalised consensual abortion.
It was in response to this amparo appeal – a writ for protection of rights – that the Court reiterated that the absolute criminalisation of abortion violates the human rights of women and pregnant people.
Have you experienced an anti-rights reaction?
There are conservative reactions and resistances all the time, but unlike what used to happen until a few years ago, these are no longer so up-front. The most important barrier we face today is the absence of service guarantees, as in some states where voluntary abortion has been partly decriminalised those who would have to provide it continue to put up obstacles. Conservative resistance is even more intense in the 20 state congresses that have yet not reformed their penal codes, but we are confident this will change.
Although there are never guarantees that backsliding won’t occur, we currently have the advantage of a very pro-choice public opinion.
What measures need to be taken to ensure effective access to abortion throughout Mexico?
From a human rights perspective, it is necessary to guarantee access to quality health services, including abortion procedures. For this to become a reality, abortion should no longer be included in criminal codes and should instead only be subject to health and public policy regulations that ensure that information is provided and guidelines published that ensure comprehensive, safe and quality care. GIRE will continue to work to ensure that the crime of abortion disappears from all of Mexico’s state penal codes and access to the service is guaranteed in practice for all people throughout Mexico.
Is the Mexican process part of a broader regional trend?
The green tide that rose in Argentina in 2018 permeated the entire region with a force never seen before. Latin American streets have been filled with green scarves – a symbol of autonomy and freedom – and pro-choice slogans. GIRE is a prominent member of this Latin American movement, establishing alliances, creating strategies and new narratives, and sharing knowledge with organisations working throughout the region to make abortion rights a reality.
This inspiration will continue to guide us. Our movement is unstoppable. In Mexico, the green tide and its libertarian impulse is materialising in the demand, put forward in coordination with other groups and movements, for reproductive rights to cease to be considered an issue that only concerns women and child-bearing people and to be incorporated into the political agenda as a key element of equality.
Civic space in Mexico is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with GIRE through itswebsite orFacebook page, and follow@gire_mx on Twitter.