Abortion Law in El Salvador

 

Abortion is illegal and is not permitted in any circumstance.
Misoprostol under the brand name Cytotec is extremely expensive and hard to find.

Background

Abortion is not permitted in any circumstance. The Abortion law in El Salvador has been amended to remove all indications for the legal performance of abortions; however, it is a matter of dispute whether a defense of necessity might be allowed to justify an abortion performed to save the life of the woman. 

The Code provides that a person who induces an abortion with the consent of the woman or a woman who induces her own abortion or consents to another person inducing it is subject to imprisonment from two to eight years. 

A person who induces an abortion without the woman’s consent is subject to imprisonment for four to 10 years, and if the person is a physician, pharmacist or related health worker who devotes him or herself to such practices, he or she is subject to imprisonment for six to 12 years.

 

EL SALVADOR. Código Penal.

 

Chapter II. Crimes Related to the Life of Human Being during Growth

 

Art. 133: Consensual and Own Abortion 

The person who's going to provoke an abortion with the consent of the woman or the woman who will provoke her own abortion or give the consent to another person to practice it, shall be punished with imprisonment from two to eight years.

 

Article 134:. Abortion Without Consent

The person who's going to provoke an abortion without the consent of the woman, shall be punished with imprisonment from four to ten years.

The same penalty will incur to whom does the abortion of a woman, having achieved her consent through violence or deceit.

 

Article 135:. Aggravated Abortion

If the abortion is committed by a doctor, pharmacist or persons who engages in auxiliary activities of the aforementioned professions, when they are going to dedicate themselves to such activities, shall be punished with imprisonment from six to twelve years. The penalty of disqualification for the exercise of the profession or activity for the same period shall also be imposed.


Art. 136: Induction or Aid to Abortion

A woman who induces or provides economic or other means for an abortion to be performed, shall be punished with imprisonment from two to five years.

If the person who helps or induces abortion is the parent of the abortion, the penalty shall be increased by one third of the maximum penalty prescribed in the preceding paragraph.

 

Art. 137: Unintentional Abortion

Whoever culpably provokes an abortion, shall be punished with imprisonment from six months to two years.

The culpable abortion caused by the pregnant woman herself, or her attempt to cause her own abortion is not punishable.

Supreme Court Judgement 2013 ruled that even the woman was told she would most likely die if she gave birth to the child, abortion could not be allowed. The doctors were permitted to perform an early cesarean section and saved the life of the mother. The child lived for 5 hours. According to experts this was the same procedure that would have been performed as a late term abortion if the courts had ruled in her favor.