In recent weeks, the case of Beatriz has gained international attention. Beatriz is a pregnant Salvadoran woman who suffers from lupus whose baby has a lethal condition. Though the baby, which only has a brain stem, will not survive, carrying the pregnancy to completion also puts Beatriz’s life at extreme risk. However, thanks to El Salvador’s total ban on abortion, Beatriz cannot save her own life.
In an attempt to protect her own life, the case had reached El Salvador’s highest court. Sadly, the news was not good for women’s health and the basic right to survive, as the court ruled that the complete ban on abortion stands, even in Beatriz’s case, and that “the rights of the mother cannot be privileged over newborn’s,” even when that fetus will not survive birth. The five court members said that, while lupus would probably kill Beatriz eventually, they said there was no imminent threat to her health. The court thus ordered Beatriz to go through with the pregnancy in spite of the physical toll it will take on her (to say nothing of the mental and psychological toll of giving birth just to have the baby die). Perhaps not coincidentally, all five judges are men (with only one of them dissenting) who ultimately determined the trauma and fate of Beatriz without according her any control over her own life, even in the face of the risks to her life and the certainty of the inviability of life in the fetus. Suffice to say, it’s a terrible ruling for equal rights, reproductive freedom, and women’s health, and it offers yet another devastating reminder of the cost of total bans on abortion.