Abortion in El Salvador - History of Salvadoran Abortion Law

History of Salvadoran Abortion Law

El Salvador's 1956 Penal Code contained no explicit exception to its prohibition of abortion, although, under accepted principles of criminal law, one could be justified if necessary to preserve the life of the pregnant woman. In response to the fact that the practice of illegal abortion was common, and was a major contributor to the rate of maternal mortality, the Salvadoran government chose to expand the cases in which abortion was permitted.

Under the new Penal Code of 1973, an abortion could be legally allowed under three major conditions: if the pregnant woman's life was endangered and abortion was the only means to preserve it, if her pregnancy had resulted from rape or statutory rape, or if a serious congenital disorder was detected in the fetus. An abortion caused on part of the woman's negligence was exempted from prosecution, and the government also provided reduced penalties for a woman of good standing if she had consented to an illegal abortion, or self-induced one, in the interest of protecting her reputation.