海角大神

Mothers caught up in El Salvador's abortion ban put focus on families

The Latin American country has one of the world's strictest laws against abortion, and dozens of women say they were wrongly jailed after suffering miscarriages. As El Salvador debates loosening the ban, they're trying to change the conversation.

|
Jose Cabezas/ Reuters
Women participate in a demonstration in support of Evelyn Hernandez, who was sentenced to 30 years in prison for a suspected abortion, in San Salvador, El Salvador on July 10, 2017. The banner reads "Justice for Evelyn."

Mirna Ram铆rez was arrested for attempting to murder her daughter on the day she was born.

Ms. Ram铆rez was seven months pregnant when she suddenly went into labor at home, where she delivered her daughter. Neighbors rushed to help and arrived right after the birth. Afterward, though, saying they suspected she had been trying to abort the baby, they reported her to authorities. She was sentenced to 15 years in prison.

鈥淚t was the worst day of my life,鈥 says Ram铆rez, who was freed on parole three years ago, after serving 12. 鈥淭hey didn鈥檛 believe me when I said I didn鈥檛 try an abortion. My daughter was left alone.鈥

El Salvador has one of the most restrictive abortion laws in the world. For 20 years, the procedure has been banned without exceptions. The Constitution defines life as beginning at conception. Most controversially, however, abortion is criminalized. Dozens of women who say they suffered miscarriages or stillbirths have been imprisoned.

That may be poised to change. A bill introduced in the legislature this spring would permit abortions in a few cases, such as the rape of a minor, or to save the life of a mother. That debate would not have taken place even a few years ago, some activists say. They point to 鈥淟as 17,鈥 as the original group of imprisoned women are known,听for helping to shine a spotlight on an overlooked side of the law 鈥撎齣ts consequences for families left behind 鈥撎齛nd on the lack of justice for women who have suffered miscarriages, convicted through trials that critics say assume guilt and often proceed without direct proof.

After Ram铆rez began her sentence, her daughter, Briseida, grew up with her mother鈥檚 family. She saw her mother only on Sundays, when Ram铆rez was allowed to visit home.听

鈥淓very Sunday, as we said goodbye, she asked me not to leave her,鈥 Ram铆rez says. 鈥淚 saw her grow up, but I was never around鈥. They say the law against abortion intends to protect families, but it almost ruined mine.鈥

Catalyst for change

El Salvador鈥檚 laws popped into the international spotlight last month, when a judge to 30 years in prison. Ms. Hernandez, who became pregnant at age 18 after being raped repeatedly by a gang member, said she did not realize she was pregnant. She gave birth in a bathroom, and her child was stillborn.

Gang violence has turned El Salvador into one of the world's most violent countries, particularly for women: it has the world鈥檚 , and . In more than half of rape cases in recent years, the alleged victim is , and only 10 percent end with a conviction.

Earlier this spring, momentum grew around a proposal to loosen restrictions in cases of rape of a minor, human trafficking, unviable pregnancies, and when the mother鈥檚 life is at risk. The bill received support from church groups, doctors, and activists.

鈥淟as 17鈥 鈥撎齧ost of whom are still in prison 鈥撎齢ave made the current debate possible, according to Laura Aguirre, a Salvadoran doctoral student at the Free University of Berlin who researches sexual violence. One story had a particular impact, she says.

In 2013, 鈥淏eatriz鈥 鈥撎齛 pseudonym 鈥撎齱as 22 years old and expecting her second child. Doctors said that the fetus could not survive; meanwhile, preexisting medical conditions put her life in danger as the pregnancy progressed. The supreme court ruled that , but one doctor caring for her decided to perform a C-section at seven months. Her baby died within hours.

Beatriz鈥檚 story 鈥渟tirred the waters in El Salvador,鈥 says Ms. Aguirre. 鈥淚n this country we always debate the rights of fetuses, but we rarely debate the rights of existing children. There鈥檚 the belief that the mother must be willing to sacrifice everything for her child, even her life, but that belief doesn鈥檛 apply to the children that are left alone when these women are sent to jail.鈥

Beatriz 鈥渃hanged the focus鈥 by stressing that 鈥渉er son had the right to grow up with his mother,鈥 she adds.

Helping kids, but keeping the law

Supporters of El Salvador鈥檚 current laws see the stories of 鈥淟as 17鈥 differently.

These cases 鈥渄istort reality,鈥 according to Ricardo Vel谩squez Parker, a legislator who last year introduced a bill to increase the maximum penalty for abortion from eight to 50 years.

The women are 鈥渋n jail because they have murdered their babies,鈥 not because of abortion, Mr. Vel谩squez Parker says. 鈥淲hen a mother goes to jail, what happens to her kids is sad and I understand the drama, but killing people is wrong.鈥

Karla Hern谩ndez, also a legislator, says the focus should be on improving the lives of these children once their mothers are arrested.

鈥淚t should be possible for these kids to grow up healthily around their mothers in jail, but the living conditions there are unacceptable,鈥 she says, adding, 鈥淲e should be debating the lack of policies to help the families of these women鈥 instead of liberalizing abortion laws.

Uneven impact

Opponents say that El Salvador has not curbed abortion: Between 1995 and 2000 alone, there were in the country, according to the Global Health Council. Instead, they argue, the current law 鈥渃reates an atmosphere of suspicion,鈥 as Amnesty International , and has a disproportionate impact on poor women and families. The wealthy are able to seek care abroad, or at private clinics.

Mar铆a Teresa Rivera鈥檚 son, Oscar, was six years old when his mother was sentenced to 40 years in prison for murder after suffering a miscarriage. Ms. Rivera, who was raising her son on her own, says she did not realize she was pregnant, and that no doctors were present to testify at her initial trial.听Both of her parents had died, and Oscar鈥檚 father wasn鈥檛 around; his parental grandparents took care of him.

鈥淚t was a really dark moment for us,鈥 Rivera remembers. She had always worked hard to pay his private school fees, trying to keep him away from gangs鈥 influence. A decriminalization advocacy group, Agrupaci贸n Ciudadana, helped pay his school fees, but Oscar became depressed, she says.听

鈥淗e had to face the other kids telling him his mother had killed his brother. He wanted to give up,鈥 Rivera says. His grandparents were 鈥渁 big support, but they can barely read or write. He lost a year in school.鈥

Rivera was exonerated in 2016. A few months after she was released from jail, however, prosecutors appealed for the original verdict to be reinstated. With the help of Agrupaci贸n Ciudadana, she fled the country with her son, and was granted asylum in Sweden earlier this year.

鈥淚 wasn鈥檛 the perfect mother, but I always try to do what is best for my son,鈥 she says. 鈥淗ad I known I was pregnant, I would have done the same with my second son.鈥

An unlikely debate

Dennis Mu帽oz is known in El Salvador as the 鈥渁bortion lawyer.鈥 For almost a decade, he has defended women prosecuted on abortion-related charges.

鈥淭he Constitution of El Salvador considers family unity as a main principle, but the stories of these women counter that,鈥 he says. But given the current debate, Mu帽oz says he鈥檚 feeling hopeful that a mentality shift is taking place.

鈥淪even years ago we didn鈥檛 dare dream there would be a bill in parliament. When the law was introduced everyone said it would be rejected. But here we are, still debating it,鈥 he says.

For now, the proposal seems stalled in the legislature. Vel谩squez Parker says that the vast majority of Salvadorans 鈥渢hink abortion is wrong,鈥 and that no major changes will happen soon. 鈥淎ny politician who supports abortion will be massively rejected by the population,鈥 he says.

A recent poll, however, suggests that a majority of the country now supports reform. Nearly four-fifths of respondents say that abortion should be decriminalized in at least some circumstances, conducted by a local women鈥檚 group and the polling firm Untold Research.

鈥淟ittle by little, the way Salvadorans see the abortion law is changing,鈥 says Morena Herrera, who leads Agrupaci贸n Ciudadana. The stories of 鈥淟as 17鈥 are 鈥渉elping change mentalities.鈥

Reporting for this story was supported by the International Women鈥檚 Media Foundation as part of its Adelante Latin America Reporting Initiative.

You've read  of  free articles. Subscribe to continue.
Real news can be honest, hopeful, credible, constructive.
海角大神 was founded in 1908 to lift the standard of journalism and uplift humanity. We aim to 鈥渟peak the truth in love.鈥 Our goal is not to tell you what to think, but to give you the essential knowledge and understanding to come to your own intelligent conclusions. Join us in this mission by subscribing.
QR Code to Mothers caught up in El Salvador's abortion ban put focus on families
Read this article in
/World/Americas/2017/0803/Mothers-caught-up-in-El-Salvador-s-abortion-ban-put-focus-on-families
QR Code to Subscription page
Start your subscription today
/subscribe