SEASON OF CHANGE IN THE REGION
Momentous changes are under way in Latin America as the Center's cutting edge litigation strategy sweeps the region.
NEWS UPDATES
December 7, 2007
Center Challenges Brazil’s Record On Maternal Mortality
On November 30, the Center, with Brazilian partner Advocaci, filed Alyne da Silva Pimentel v. Brazil, the first maternal mortality case to be brought before the UN’s Committee on the Elimination of Discrimination Against Women (CEDAW).
Alyne, a 28-year-old Afro-Brazilian woman, died of complications resulting from pregnancy after her local health center misdiagnosed her symptoms and delayed providing her with emergency care. Brazil’s maternal mortality rates are disproportionately high for a country of its economic status, and the chances of dying in pregnancy and childbirth are greatest among indigenous, low-income, and Afro-descendant women such as Alyne. The Center's petition argues that Brazil’s government violated Alyne's rights to life, health, and legal redress, all of which are guaranteed both by Brazil’s constitution and international human rights treaties, including CEDAW.
"Alyne’s story epitomizes Brazil’s violation of women’s human rights and failure to prevent women from dying of causes that, by the government’s own admission, are avoidable," said Lilian Sepúlveda, the Center’s Legal Adviser for Latin America and the Caribbean. "We filed this case to demand that Brazil make the necessary reforms to its public health system—and save thousands of women’s lives."
June 2007
Center Advocates Reversal of Nicaraguan Abortion Ban
On May 17, The Center for Reproductive Rights and Yale University's Allard K. Lowenstein International Human Rights Clinic submitted a joint friend-of-the-court brief to the Supreme Court of Nicaragua. Filed in support of local groups challenging the country's complete ban on abortion, the Center's brief provides a comparative legal perspective. This past October, Nicaragua's congress banned abortion on all grounds, eliminating the only exception under the previous law for women whose lives were at risk.
In May, Lilian Sepúlveda, Legal Adviser for Latin America and the Caribbean, traveled to Nicaragua to meet with local partners and take part in advocacy efforts to inform the public about the human rights implications of Nicaragua’s new abortion law. Her visit, which attracted national press attention, also included a presentation at a forum organized by the Polytechnic University of Nicaragua and the Nicaraguan Feminist Movement.
The Center awaits the decision by the Supreme Court, and will continue its efforts to reverse this dangerous law.
April 2007
Center Commends Mexico City Decision to Legalize Abortion in First Trimester
April 24, 2007 -- Today Mexico City's legislature voted to make abortion legal in the first trimester, a landmark decision in a region where the procedure is highly restricted. This important change should dramatically decrease the number of women who die or suffer complications from unsafe abortions every year in Mexico City. And though it is groundbreaking, the Mexico City vote aligns with recent progress toward abortion liberalization, both in the region and across the globe. "In passing this law, the legislature has recognized the pressing need to address abortion as a public health issue," said Lilian Sepúlveda, the Legal Advisor for Latin America and the Caribbean at the Center for Reproductive Rights. "This law should enable a woman to go to her doctor's office and get the treatment that is in her best interest, without the interference of political or personal ideologies."
February 2007
Concluding Observations on Nicaragua Released
February 20, 2007 -- The United Nations Committee monitoring compliance with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) released an advanced unedited version of its Concluding Observations last week, expressing concern about Nicaragua's criminalization of therapeutic abortion. The Committee stated that the ban on abortion could lead more women to seek unsafe, illegal abortions, with consequent risks to their life and health. Specifically, the Committee recommended that the government of Nicaragua remove punitive provisions imposed on women who have abortions and provide them with access to services to manage complications arising from unsafe abortions.
Prior to the release of the Concluding Observations, the Center had submitted a shadow letter to the CEDAW Committee outlining the grave public health consequences and human rights violations resulting from a lack of access to safe, legal abortion in Nicaragua. At the United Nations, Lilian Sepúlveda, Legal Adviser for Latin America, also urged the Committee to call Nicaragua to task for violating women's rights. "Denying access to safe, legal abortion violates the human rights of women recognized in international treaties ratified by Nicaragua," she told the Committee. The Center is continuing its work with local partners to fight for repeal of the ban.
On the Ground in Nicaragua: Lilian Sepúlveda
"Every Nicaraguan woman of child-bearing age is at risk," says Lilian Sepúlveda, Legal Adviser for Latin America at the Center, who recently returned from Managua. "Women are scared. Today, in Nicaragua women are dying because of lack of access to therapeutic abortion." Sepúlveda traveled to Managua for a meeting of activists, lawyers and doctors who came together to strategize about legal challenges to Nicaragua's recently passed total ban on abortion. This outrageous ban makes no exceptions, even when a woman's life is at risk. "Doctors are particularly concerned; they face criminal prosecution for trying to save their patients' lives. It's a dangerous situation." Sepúlveda, along with other international legal experts, provided advice on what should be included in the legal challenge, which was brought before Nicaragua's constitutional court on January 8. The challenge requests that the Court declare Law 603, which repealed the only exception to the penal code's ban on abortion, unconstitutional. The court is expected to rule by April of this year.
In January, Sepúlveda went to the UN, where she asked the committee that monitors compliance with the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) to call Nicaragua to task for violating women's rights. "Denying access to safe, legal abortion violates the human rights of women recognized in international treaties ratified by Nicaragua," she told the committee. The Center is continuing its work with local partners to fight for repeal of the ban.
December 2006
Inter-American Commission issues Landmark Statement Declaring that Nicaragua’s Abortion Ban Jeopardizes Women’s Human Rights
December 1, 2006 -- On November 30, 2006 the Center for Reproductive Rights learned that the Inter-American Commission on Human Rights had released a statement declaring that Nicaragua’s recently passed abortion ban is contrary to international law and threatens women’s human rights. This statement, addressed to the Nicaraguan government, was released prior to the ban becoming law and is the first ever issued by the Commission on abortion. It comes after years of legal advocacy by the Center, and follows two other victories in abortion cases in the region in the last year. "Governments considering violating women’s rights by banning abortion will be called to task. The world is watching, the international community is watching, and human rights bodies are watching," said Luisa Cabal, Director of the International Legal program at the Center.
October 2006
CENTER CONDEMNS PASSAGE OF NICARAGUA’S ABORTION BAN
October 26, 2006 --On October 26, Nicaragua’s congress passed a complete ban on abortion. The ban offers no exceptions for women’s health, for victims of rape or incest—or even for women whose lives are at risk. By passing this outrageous ban Nicaragua has joined the ranks of Chile and El Salvador, the only countries in the world to have imposed total abortion bans in the last 20 years. It now awaits signature by the president in order to become law. "This movement backwards comes at a time when Nicaragua already has an extremely high rate of maternal mortality, largely due to illegal and unsafe abortion. Yet, instead of lawmakers acting to adopt measures that protect women, they have chosen to send the message that they don’t care if women die," said Luisa Cabal, Director of the International Legal Program at the Center.
September 2006
CEDAW COMMITTEE VOICES CONCERNS ABOUT REPRODUCTIVE RIGHTS IN MEXICO
This month the Committee on the Elimination of Discrimination against Women, in its review of Mexico’s compliance with the Convention on the Elimination of All Forms of Discrimination against Women, voiced concern about high maternal mortality rates and a lack of access to safe abortion services and contraceptives in Mexico. The Center for Reproductive Rights drew the Committee’s attention to these issues in a shadow letter highlighting the Mexican government’s failure to ensure women’s reproductive health and rights in its laws, policies and practices.
The Center’s letter highlighted the lack of access to family planning and contraceptive methods in Mexico, particularly among low-income women in rural and urban areas and among adolescents. The letter pointed to the barriers that women continue to face in accessing safe abortion, despite the government’s recent recognition—in a settlement agreement in the Center’s case Paulina Ramírez v. Mexico—of its duty to ensure the right to access abortion in circumstances where it is legal.
In an advanced unedited version of its Concluding Observations, the Committee indicated that unsafe abortion remains one of the leading causes of maternal death, noting women’s inadequate access to safe abortion services and to the full range of contraceptive methods, including emergency contraception. The Committee recommended that the Mexican government expand the coverage of reproductive health care and family planning services and develop a comprehensive strategy for ensuring effective access to safe abortion and contraceptive methods
The Center is pleased that the Committee raised these important issues in its recommendations, and hopes that the Mexican government will take the Committee’s observations seriously and take immediate steps to implement its recommendations.
July 2006
Center Briefs Congressional Staff on Reproductive Rights in Latin America
On June 29, the Center hosted a briefing for congressional staff entitled "Advancing Reproductive Health and Rights in Latin America." Luisa Cabal, director of the international legal program and Lilian Sepúlveda, legal adviser, shared information about a recent string of legal victories for reproductive rights in Mexico, Peru and Colombia. These successes are changing international human rights law to reflect the reality of women’s lives.
These triumphs include the Center’s landmark settlement in Paulina Ramírez v. Mexico, which marks the first time a Latin American government has recognized that access to abortion, where it is legal, is a human right, and the Center’s victory in K.L. v. Peru, in which the UN Human Rights Committee upheld women’s right to access abortion where it is legal. We also discussed the recent liberalization of Colombia’s restrictive abortion law, resulting from a constitutional challenge brought by Colombian lawyer Monica Roa. The Center submitted an amicus brief in support of the challenge.
The event was organized in cooperation with Representatives Hilda Solis, Louise Slaughter, Diana DeGette, and the Democratic Task Force of the Pro-Choice Caucus.
May 2006
Landmark Decision By Colombia's Highest Court Liberalizes One of the World's Most Restrictive Abortion Laws
In a landmark decision, Colombia’s highest court has ruled that abortion must be permitted when a pregnancy threatens a woman’s life or health, in cases of rape, and in cases where the fetus has malformations incompatible with life outside the womb. Until today, Colombia outlawed abortion in all circumstances.
Click here to read more > >
March 2006
Center and Partners Reach Landmark Settlement in Mexican Abortion Case
On March 8, 2006, the Center for Reproductive Rights and its Mexican partners reached a landmark settlement with the Mexican government in a case involving "Paulina," a 13-year-old who became pregnant as the result of rape and was then denied access to a legal abortion. Although first-trimester abortion is legal throughout Mexico in cases of rape, Paulina was denied access to the procedure due to the personal and religious beliefs of public health officials. The Center and Alaide Foppa brought this case before the Inter-American Commission for Human Rights in 2002. In the settlement, the Mexican government agreed to, among other things, pay reparations to Paulina, finance her son’s education, and issue a decree regulating guidelines for access to abortion for rape victims.
Read the press release about the settlement in this case > >
NEW RELEASES!
New Spanish-language book
Beyond the Law: Justice and Gender in Latin America
Luisa Cabal, Cristina Motta, editors, Red Alas
Siglo del Hombre Editores, Ediciones Uniandes, Bogotá, 2005
What is the role of law in transforming women’s lives in Latin America? Have recent legal reforms made a difference for women’s equality and access to justice? Are there effective mechanisms for defending women's rights? This Spanish-language book responds, from various national perspectives, to these and other questions related to the role of law in overcoming women’s inequality.
The nine essays compiled in Beyond the Law: Justice and Gender in Latin America evaluate and criticize gender discrimination in laws and legal institutions in Latin American countries, offering several approaches that can generate crucial legal transformation in the area of women’s rights and empowerment.
This book is the first publication of the Red Alas network, a Latin American network of law professors that aims to reform legal education in the region from a gender perspective. The Center for Reproductive Rights supports and is a part of this network.
Now Available in Spanish: World's Abortion Laws Poster 2005
This easy-to-read, full-color, 25 x 22-inch world map featuring information about the legal status of abortion in over 190 countries around the globe is now available in Spanish.
Order the map>>>
News and Updates
CENTER DIRECTOR PARTICIPATES IN SYMBOLIC LATIN AMERICAN TRIBUNAL
International Legal Program director Luisa Cabal was one of five judges in a public and symbolic tribunal that recently took place in Lima, Peru. The tribunal examined how women's rights were affected by government failures to ensure broader economic, social and cultural rights. The tribunal, Tribunal Regional de Derechos Económicos, Sociales y Culturales, covered violations throughout the Latin American region and was formed following national-level tribunals in Bolivia, Colombia, Chile, Ecuador, and Peru. In considering five specific cases, the tribunal sought to highlight violations of women’s economic, social and cultural rights, to frame these issues in the media as violations of women’s basic rights, and to explore whether such cases could be litigated. Most of the cases presented at the tribunal dealt with sexual and reproductive rights violations—for instance, mandatory pregnancy tests for female agricultural workers in Colombia, or coercive sterilization of HIV-positive women in Chile.
MORE ON WOMEN IN LATIN AMERICA AND THE CARIBBEAN
While women in Latin America and the Caribbean have seen enormous progress in the protection of their human rights over the past few years, their reproductive rights are yet to be fully realized.
Unsafe abortion is a serious public health problem in Latin America and the Caribbean, and continues to be one of the leading causes of maternal mortality in the region. However, abortion remains illegal on nearly all grounds in all but a few countries. Latin American women’s right to access emergency contraception is also under attack, facing increasing legal challenges from conservative groups that are seeking bans on this vital method of contraception.For more information on abortion and reproductive health care in Latin America, see Persecuted:
Political Process and Abortion Legislation in El Salvador: A Human Rights Analysis
and Silence and Complicity:
Violence Against Women in Peruvian Public Health Facilities
While women’s rights protected by international and regional treaties enjoy constitutional legal status in many Latin American countries, a gap remains between the law and the way it is implemented by the judiciary. Our 2001 report, Bodies on Trial: Reproductive Rights in Latin American Courts (Cuerpo y Derecho:
Legislación y jurisprudencia en América Latina)
, is a ground-breaking study of legislation and high court decisions concerning the rights of women in five Latin American countries: Argentina, Chile, Colombia, Mexico and Peru. For more information, see
Reproductive Rights in the Inter-American System for the Promotion and Protection of Human Rights (PDF).
The Center for Reproductive Rights' reports Women of the World: Laws and Policies Affecting Their Reproductive Lives—Latin America and the Caribbean and Women of the World: Laws and Policies Affecting Their Reproductive Lives—Latin America and the Caribbean 2000 Progress Report, examine the status of women’s reproductive rights in Argentina, Bolivia, Brazil, Colombia, El Salvador, Guatemala, Jamaica, Mexico and Peru.
See here for a list of
Regional Partner Organizations.
Regional Partner Organizations
