El Salvador has one of the strictest abortion legislations in the world, with more than 180 women having been prosecuted for aggravated homicide after experiencing obstetric emergencies since 1998 (Al Jazeera). Further, El Salvador is also 1 of the 5 countries in Latin America and the Caribbean that strictly prohibit abortion on all grounds. At the same time, this was not the case before 1998, since abortion was legal in 3 circumstances. Those circumstances included: birth defects, pregnancies as a result of rape, and if the pregnancy threatened the life of the mother (Health and Human Rights Journal). Now, that is not possible, but there can be suggestions so women no longer have to suffer by being incarcerated, and if they are freed, unable to find jobs for their “criminal record”, or face the decision to flee their country.

As aforementioned, women have been incarcerated for experiencing obstetric emergencies, such as miscarriages, stillbirths, and ectopic pregnancies. That’s not the only issue, as there have been cases where women go through unfair trials without the legal representation needed. This violates what the Salvadoran Constitution states in Articles 2 and 11, which is that “Every person has the right to life, physical and moral integrity, liberty, security, work, property and possession, and to be protected in the conservation and defense of the same”, and “No person shall be deprived of the right to life, liberty, property, and possession, nor any other of his rights without previously being heard and defeated in a trial according to the laws; nor shall he be tried twice for the same cause” (Constitution of the Republic of El Salvador).

To understand these challenges, one should first understand the factors that have pushed such punitive actions and corruption. Once this is the case, then suggestions can be made to international organizations and the Salvadoran government. For example, El Salvador has an extensive history regarding colonialism and the Catholic Church, which to this day still affects the actions being taken. International organizations need to understand this, as conservative Catholicism is deeply tied to the Salvadoran national identity (Smyth 195), and the Catholic Church was the reason behind criminalizing abortion (The Center for Reproductive Law and Policy 31-32).

When it comes to what the Salvadoran government can do, the first step is to support legislation that expands reproductive rights and autonomy. This means amending the Constitution to what it stated before 1998, when abortion was legal. With the current administration, which doesn’t support amending it, it’ll be a struggle, but it is possible. President Bukele used to support reproductive rights on the stance that it put the mother’s life at risk and if the pregnancy was a result of rape or incest.

Secondly, if amending the Constitution isn’t possible, there are other ways to support the Salvadoran women such as placing women’s centers in areas of specific socioeconomic status (e.g., in rural areas). The reason is that the majority of women incarcerated on false charges come from a poverty-stricken background, and women from such backgrounds have a heightened risk of suffering from unhealthy pregnancies because of the high levels of malnutrition and limited access to medical care (Zureick et al. 124). This can be prevented by implementing and providing rural areas with adequate resources. A great example would be Doctors Without Borders, or similar organizations, which can come into these areas and provide them with needed obstetric care, such as providing them with vaccines for treatable diseases that won’t affect their pregnancies. Further, the Salvadoran government can also fund offices that provide services such as on sexual and reproductive health (Navarro-Mantas, de Lemus, & Megías 2939). This will not prevent all obstetric emergencies but it will help reduce the number of emergencies caused by preventable diseases.

For example, a well-known case is Manuela’s. She was admitted to the emergency room and was then arrested after suffering an obstetric emergency. She had early stages of Hodgkin’s lymphoma, that, when diagnosed early is easily treatable. But instead of receiving care, she was handcuffed to her hospital bed and interrogated. Like most women who go through similar cases, she came from a low socioeconomic background and was sentenced to 30 years in prison. Manuela only served two years before she, unfortunately, passed away in April 2010 due to not receiving adequate chemotherapy treatment (Smyth 2-3).  

If international organizations had acted before her passing, Manuela may have still been here, and she would have been freed. There is still hope though, since organizations, such as the United Nations and Human Rights Watch, can hold press conferences and meet with President Bukele and his legislators to convince them to allow exceptions to certain cases regarding abortion and obstetric emergencies. Such as allowing physicians to intervene, instead of reporting every woman who comes into the emergency room under the suspicion that she has committed an illegal and self-induced abortion and allowing her the right to an attorney. As mentioned, this is a violation of human rights and the Salvadoran Constitution. It should enrage international bodies and motivate them to get involved in freeing the rest of the women who have been falsely accused on charges of aggravated homicide and preventing more from being jailed.

Further, the influence of international organizations can help expand the voice of the many active advocacy groups and feminist organizations and help women who have been falsely accused and released to clear their names. Further, they can hold forums with each other to pass relevant information, such as bringing in legal advocates and physicians to discuss the benefits of allowing reproductive autonomy and how such interventions in obstetric emergencies can save lives. Lastly, with time, this may even implement feminist foreign policy. For example, where the voice of women is considered in legislative matters and where there is equality of the genders, and in turn, abortion may be decriminalized.

While there are some disagreements on what should be done, the least is to allow women access to the resources and care needed when suffering from obstetric emergencies. Secondly, to reassure both physicians and women that they won’t be prosecuted when faced with such matters, since physicians also run the risk of being prosecuted under homicide charges (Zureick et al 123).

To conclude, equality between genders is a fundamental concern in feminist foreign policy, and if one cares about feminism and diplomacy, one should care about the women in El Salvador.

Evy Melendez is a senior at George Mason University. She is majoring in Government and International Politics.