Abortion in El Salvador - Reform Process and Current Law

Reform Process and Current Law

Proposals to eliminate the exceptions to the general prohibition against abortion started to come before the country's Legislative Assembly in 1992. One bill would have resulted in the investigation of medical clinics suspected of providing abortion; as a result of a 1993 study, overseen by a politician affiliated with the Christian Democratic Party, several health care workers were arrested. Another proposal in 1993, which was supported by the Archbishop of San Salvador and the Say Yes to Life Foundation (a pro-life group), would have made December 28, a traditional Roman Catholic feast day known as the Day of the Innocents, the "Day of the Unborn".

In 1997, the Nationalist Republican Alliance (ARENA) submitted a draft bill, designed to amend the Penal Code to withdraw all grounds under which abortion was then permitted. On April 25, 1997, the Legislative Assembly voted 61 out of 84 to approve this modification to the Code.

On April 20, 1998 the new Penal Code was enacted, removing the exceptions that had been instituted in 1973, including the provision for the pregnant woman's life. Under this Code, a person who performs an abortion with the woman's consent, or a woman who self-induces or consents to someone else inducing her abortion, can be imprisoned for two to eight years. A person who performs an abortion to which the woman has not consented can be sentenced to four to ten years in jail; if the person is a physician, pharmacist, or other health care worker, he or she is instead subject to between six to 12 years.

El Salvador also amended its Constitution in January 1999 to recognize human life from the moment of conception.

Read more about this topic:  Abortion In El Salvador

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