Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Friday, October 27, 2006

Abortion in El Salvador

My colleague Elizabeth Brown points out that Nicaragua may simply be following the lead of its neighbor El Salvador, which adopted a total abortion ban in the 1990s.  Elizabeth explains:

El Salvador’s ban admits no exceptions, not even to save the life of the mother.  The Archbishop in El Salvador was a strong supporter of El Salvador’s ban. Proponents of the ban claimed that medical science has advanced to the point where abortion is NEVER needed to save the life of the mother.

Article 1 of El Salvador's constitution declares that the prime directive of government is to protect life from the "very moment of conception." The penal code detailing the Crimes Against the Life of Human Beings in the First Stages of Development provides stiff penalties: the abortion provider, whether a medical doctor or a back-alley practitioner, faces 6 to 12 years in prison. The woman herself can get 2 to 8 years. Anyone who helps her can get 2 to 5 years. Additionally, judges have ruled that if the fetus was viable, a charge of aggravated homicide can be brought, and the penalty for the woman can be 30 to 50 years in prison.  El Salvador is very aggressive about enforcing its ban on abortions. Doctors are not allowed to treat ectopic pregnancies until either the fetus is dead or the fallopian tube ruptures, which places the life of the mother in danger.

Back in April, The New York Times reported from El Salvador:

According to Sara Valdés, the director of the Hospital de Maternidad, women coming to her hospital with ectopic pregnancies cannot be operated on until fetal death or a rupture of the fallopian tube. "That is our policy," Valdés told me. She was plainly in torment about the subject. "That is the law," she said. "The D.A.'s office told us that this was the law." Valdés estimated that her hospital treated more than a hundred ectopic pregnancies each year. She described the hospital's practice. "Once we determine that they have an ectopic pregnancy, we make sure they stay in the hospital," she said. The women are sent to the dispensary, where they receive a daily ultrasound to check the fetus. "If it's dead, we can operate," she said. "Before that, we can't." If there is a persistent fetal heartbeat, then they have to wait for the fallopian tube to rupture. If they are able to persuade the patient to stay, though, doctors can operate the minute any signs of early rupturing are detected. Even a few drops of blood seeping from a fallopian tube will "irritate the abdominal wall and cause pain," Valdés explained. By operating at the earliest signs of a potential rupture, she said, her doctors are able to minimize the risk to the woman.

Is this really what a culture of life demands?

Rob

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