21 de December de 2024 Press Release

Historic Ruling: Inter-American Court Condemns El Salvador for Violating Beatriz’s Human Rights

El Salvador, December 20, 2024.

“I just want to live,” Beatriz said 11 years ago. Beatriz was a young mother living in poverty, suffering from lupus, and caring for her young son. In 2013, she faced a high-risk second pregnancy, during which doctors diagnosed the fetus with anencephaly—a condition incompatible with life outside the womb. Medical experts recommended terminating the pregnancy to protect Beatriz’s health and life. However, due to El Salvador’s total abortion ban, the State denied her the procedure.

Today, the Inter-American Court of Human Rights has issued a landmark ruling, holding the Salvadoran State responsible in the case of Beatriz vs. El Salvador.

According to the judgment, the State violated Beatriz’s rights to personal integrity, privacy, judicial protection, a life free of violence, and health, as well as the personal integrity rights of her family. The Court stated:

“The medical circumstances of Beatriz imposed a special duty of protection, requiring her treating physicians to provide diligent and timely care, particularly considering that her condition could worsen over time. However, the legal uncertainty surrounding Beatriz’s case led to bureaucratic and judicial obstacles, including contradictory responses from various state entities.”

The Court recognized that Beatriz’s pregnancy was high-risk and that the health care she received was hindered by legal insecurity, which discouraged medical personnel from acting due to fear of criminal liability. The ruling highlighted that the absence of clear protocols placed Beatriz’s health in jeopardy, subjected her to obstetric violence, and caused profound distress that violated her physical and emotional integrity.

The Court ordered El Salvador to implement legal measures to provide medical personnel with clear guidelines on handling pregnancies that endanger women’s health and lives.

For Delmy Cortés, Beatriz’s mother, the ruling represents a pivotal moment:
“I am grateful for this long struggle, which has finally brought us justice. I am certain that Beatriz, wherever she is, feels satisfied with what we have achieved.” She also encouraged other mothers seeking justice for their children in El Salvador.

Beatriz’s brother Humberto also expressed gratitude to the organizations that supported their fight and thanked the Court for its fair ruling. “We want the State to listen and take responsibility for its mistakes, not only with Beatriz but also with her brother Mauricio, unjustly imprisoned under the state of emergency. We ask for his release because he is innocent.”

The organizations representing Beatriz and her family—Colectiva Feminista por el Desarrollo Local, Agrupación Ciudadana por la Despenalización del Aborto, Ipas Latin America and the Caribbean (Ipas LAC), and the Center for Justice and International Law (CEJIL)—emphasized that Beatriz’s struggle has shed light on the violence faced by women in El Salvador and worldwide. They noted that this decision advances what Beatriz always wanted: that no woman should endure what she experienced.

Gisela De León, CEJIL’s Legal Director, highlighted that the ruling validates what Beatriz and her family had long claimed: that she did not receive the medical care the Salvadoran State was obligated to provide, nor did she receive justice at the national level.

Fernanda Díaz de León, Associate Director for Advocacy at Ipas LAC, underscored the Court’s order for El Salvador to establish legal frameworks ensuring medical staff know how to respond to high-risk pregnancies, adhering to the highest standards for protecting women’s health, lives, and integrity.

“It is crucial that the Court, as a non-repetition measure, also called for strengthening the skills of healthcare professionals to ensure proper application of these frameworks. This will uphold women’s rights to health and a life free of violence in El Salvador,” Díaz added.

Morena Herrera, prominent feminist and president of the Agrupación Ciudadana, who supported Beatriz from the start, expressed satisfaction: “We are pleased that justice has been done for Beatriz. The Court recognized the violations of her human rights, integrity, and health. The improper handling of her high-risk pregnancy caused suffering for her and her family. This ruling establishes the State’s international responsibility and justice for Beatriz and her loved ones.”

The organizations especially recognized the perseverance of Beatriz’s family, who never stopped seeking justice, as well as the unwavering support of the feminist movement and women’s organizations in El Salvador and beyond. They emphasized that justice for Beatriz is justice for all women.

The next step is ensuring compliance with this ruling.

Read the full judgment.