She had a miscarriage in 2019 and was sentenced to 30 years in prison on Monday. It happened in El Salvador, one of the countries with the most restrictive legislation in the world on termination of pregnancy as it provides penalties even if it occurs for natural causes. Esme – the name by which the woman was identified – had had a miscarriage in the midst of an obstetric emergency. After the incident, she had been held in custody for two years.
Released in October 2021, the sentence arrived on Monday. “The ruling is a severe blow on the road to overcoming the criminalization of obstetric emergencies which, as the Inter-American Court of Human Rights has already pointed out, must be treated as public health problems”, said Morena Herrera, president of the organization Gruppo Cittadino for the decriminalization of abortion.
The fight against abortion in El Salvador suffered a major defeat last year when the Legislative Assembly, controlled by the new government of Nayib Bukele, rejected a proposal to reform the penal code to decriminalize abortion presented by feminist associations. in 2016.
The legal battle continues
For his part, Esme’s lawyer, Karla Vaquerano, stated that “the judge acted with partiality, accepting the version of the Attorney General, which was full of inaccuracies and gender stereotypes, for which” we will certainly present an appeal ” .
In a statement, Esme assured that she will continue to fight “for my daughter and for my family”, thanking those who supported “my battle against injustice” Statistics indicate that to date 64 women have been released in El Salvador. after being sent to prison for dealing with health emergencies during pregnancy, this is thanks to the struggle of an NGO that years ago launched a campaign called ‘Freedom for the 17’ women who are still in prison after “unfair sentences” which have become final .
What happened to Esme?
According to the reconstruction made by her lawyers, the young woman was alone at home, in a rural area, when she had a miscarriage in 2019. The newborn died in childbirth and she was transported to the emergency room with a hemorrhage. She immediately reported to the police, she was arrested and subsequently separated from her daughter who was then 7 years old.