El Salvador: the Supreme Court opposed to therapeutic abortion

Publié le : 4 June 2013

 On Wednesday 29 May, the Supreme Court of El Salvador rejected by four votes against one "the appeal of a young woman infected with an auto-immune disorder who wished to have her pregnancy terminated for therapeutic reasons." The young woman, aged 22 and 25 weeks pregnant, "suffers from kidney failure and lupus, a disease that attacks her immune system." After her foetus was diagnosed with anencephaly she lodged her appeal to the Court.  

In making its ruling, the Court relied on the psychological and physiological tests of the Institute of Legal Medicine of El Salvador which assured it that "the state of health of the young woman was not yet in absolute danger." It justified its position by stating that "the rights of the mother cannot prevail over those of the individual to be born and vice-versa." This was confirmed by Oscar Luna, Ombudsman for the Defence of Human Rights in El Salvador, who stated that "what must prevail above all are the rights of the person – in this case the right to life.

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