By Tanya Maswaure
“Elsy’s rights were finally restored!” This statement was made by Morena Herrera, the Director, and leader of the activists working on helping Elsy, a woman imprisoned for ten years after suffering a miscarriage. Elsy is an El Salvadorian woman who was sentenced to 30 years of imprisonment after being accused of attempting to abort the child. In El Salvador, just like in 24 other countries worldwide, it is illegal under all circumstances to abort a child regardless of whether it is a danger to the mother or a child conceived of rape or incest. In Elsy’s case, she experienced an obstetric emergency and suffered a miscarriage, but authorities falsely accused her of aborting and violated her rights.
In South America, the violation of women’s rights has become common, resulting in situations such as Elsy’s happening more and more often. Most of these cases are overlooked, mistaken, or falsely categorized as a crime. Although legal abortion is being discussed and women gain control over their bodies internationally, some countries remain strict with laws that disadvantage women. In 24 other countries globally, the woman legally has to carry a child to full term even if she was raped or the pregnancy is endangering her or she will be arrested. These violations have been recorded even to go as far as abuse and unfair treatment of women increasing in the Latin countries.
There is a high demand for a change of this law both locally and internationally as the idea that these women deserve the fundamental human right to choose what to do with their bodies is becoming popular.
While addressing the United Nations about human rights violations in Latin America, Michelle Bachelet highlighted a visible increase in the complaints, emergency calls, and reports in Colombia, El Salvador, and Argentina. In her address, she also highlighted the positive changes being made to help with this situation. The Costa Rica government-led campaigns to support women during the pandemic and three safe places for victims of gender-based violence have been established in Haiti. In Bolivia, the Public Ministry developed a national campaign against violence called Don’t Hurt Your Family, Take Care of It and Protect It, which included calls and WhatsApp for geo-referencing possible violence cases. Internally groups have also formed to fight for women such as Elsy.
The group that was protesting for the freedom of Elsy has not rested after their most recent success. According to women’s rights researcher Ximena Casas, the same group, as part of the “Las 17” and “BringHomeLas17” campaign last December. Celebrities urged President Nayib Bukele to free all women from serving prison sentences for homicide when they had suffered miscarriages, stillbirths, or other obstetric emergencies. Since December 2021, five women, including Elsy (whose names were withheld for privacy reasons), have been released.
Women’s rights violations such as Elsy’s are frequent in South American countries. The lockdown escalated these cases but we see leaders in communities and national organizations banding together to assist all women regardless of their continent, even during the most challenging times. We see strides in the right direction and we will continue to journey in this positive path.
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