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NEWS

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.

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.

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.

NICARAGUAN PRESIDENT SIGNS ABORTION BAN INTO LAW

November 17, 2006 -- President Enrique Bolanos signed into law one of the most restrictive abortion laws in the world. The new law bans abortion in all circumstances- including when a woman’s life is at risk. "This abortion ban blatantly violates the most essential human rights of women recognized in international treaties ratified by Nicaragua. The rights to life and health are threatened when women cannot undergo therapeutic abortions or are forced to resort to unsafe procedures," says Luisa Cabal, Director of the Center’s International Legal Program. In 2001 the Center released a report, Persecuted: Political Process and Abortion Legislation in El Salvador, which examines the impact on women’s lives -- and their human rights -- of a total abortion ban in El Salvador. "We know what happens when abortion is banned: women suffer."

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.

PUBLICATIONS

Reports

Bodies on Trial: Reproductive Rights in Latin American Courts






Mas allá del derecho. Justicia y género en América Latina (available in Spanish only). 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.

Briefing Papers

Shadow Reports

Organizations like the Center for Reproductive Rights and its partners play an essential role in providing credible and reliable independent information to international human rights treaty monitoring bodies regarding the legal status and real-life situation of women and the efforts being made by governments to comply with human rights treaties. Shadow reports work to supplement, or "shadow," governments' reports on human rights issues by calling attention to their strides, as well as their setbacks.

Fact Sheet