– The Mexican government violated the human rights of Paulina, a 13-year-old rape victim, who was denied an abortion due to the personal and religious beliefs of justice officials and health authorities, according to a legal petition to be filed Friday, March 8, with the Inter-American Commission on Human Rights by the Center for Reproductive Rights, Alaide Foppa and Epikeia. In Mexico, first-trimester abortion is legal in cases of rape, but the procedure is nearly impossible to obtain due to a regulatory void that allows public officials to abuse their authority.
"We are filing this case to secure justice for Paulina, whose rights were gravely violated, and to force the Mexican government to comply with international human rights standards, even when they conflict with religious dictates," said Katherine Hall Martinez, Deputy Director of the Center for Reproductive Rights' International Program.
Paulina, whose case gained international attention, was 13-years old in July, 1999, when she was raped by a heroin addict who broke into her home in Baja California. Despite her legal right to obtain an abortion, state officials and physicians impeded her decision using scare tactics and misinformation, and by abusing their authority to stop her from choosing abortion.
Over a two-month period, Paulina was pressured to change her decision by anti-abortion activists who, without permission, visited her in the hospital. The state Attorney General personally took Paulina and her mother in his state-owned car to see a priest, who warned them that the Catholic Church considered abortion a sin. Ultimately, a state-employed physician frightened Paulina and her mother into believing that Paulina would die or become sterile if she had an abortion, so she continued the pregnancy.
The Center for Reproductive Rights wants Mexico to recognize their international responsibility for the violation of Paulina´s rights to judicial protection, reproductive autonomy and privacy. The Center for Reproductive Rights wants assurances from the Mexican government that it will enforce the laws guaranteeing the right to abortion for rape victims. In addition, the Center for Reproductive Rights is seeking compensation for Paulina and her family, and is proposing that the government issue regulations that establish the provision of emergency contraception to all rape victims as standard medical care.
If the Inter-American Commission accepts the Center for Reproductive Rights’ petition, it will begin settlement negotiations between the Center for Reproductive Rights’ clients and the Mexican government. If settlement efforts fail, the case may be referred to the Inter-American Court on Human Rights.
Timeline of Events
July 31, 1999
Paulina del Carmen Ramírez Jacinto was raped by a heroin addict who invaded her home in Mexicali, Baja California. She was 13 years old.
August 19, 1999
Paulina and her mother, María Elena Jacinto Raùz, visited Dr. Sandra Montoya because Paulina’s period was late. The doctor informed them that Paulina was pregnant and had the right to an abortion.
September 3, 1999
Paulina’s mother went to the State Prosecutor’s Special Agency for Sex Crimes to request an abortion for her daughter. An agent for the state prosecutor authorized the abortion and ordered the director of the Health Sector and the director of Mexicali General Hospital to perform the abortion. The prosecutor’s office erroneously informed her that only public health authorities could perform abortions.
October 1, 1999
Paulina and her family went to the Mexicali General Hospital for the abortion. Paulina stayed at the hospital for seven days without receiving the abortion.
October 13, 1999
After two new orders were issued and the doctor who was ordered to perform the abortion refused to do so, Paulina was readmitted to the hospital.
October 14, 1999
Two women claiming to work for a government agency visited Paulina’s room in the hospital when her mother was not there. They attempted to convince her not to have the abortion with arguments identical to those of the group Pro-Life. The State’s Law Office for Human Rights later investigated and found that the government agency had not sent anyone to visit Paulina.
Before the scheduled operation, the doctor ordered to perform the abortion (the same that had earlier refused to do so) told Paulina’s mother that if they went ahead with the abortion Paulina could die or become sterile and that she would be responsible for her daughter’s death. Because of the exaggerated risks presented to them, Paulina and her family decided not to proceed with the abortion.
Timeline based on research provided by Grupo de Información en Reproducción Elegida, A.C. (GIRE)
