A criminalização absoluta do aborto em El Salvador: Um estudo de caso do tratamento no sistema interamericano de direitos humanos

Abstract

This work investigates how the Inter-American Human Rights System (IAHRS) has ruled on the absolute criminalization of abortion through the study of cases from El Salvador, which is within the scope of the Inter-American Court of Human Rights (IDH Court). It is based on the hypothesis that the Inter-American Court avoids considering the absolute criminalization of abortion as serious gender-based violence that must be eradicated, given the serious consequences for women who suffer obstetric emergencies or have a pregnancy that can take her own life but do not seek medical care after being reported by the medical team or, when they seek hospital support, they are handcuffed by preventive detention orders in a country whose judiciary presumes the victim's intentionality, disregarding the possibility of a miscarriage being spontaneous. It is concluded that, in fact, the Inter-American Court does not address the issue directly in the Manuela case nor does it order internal changes to the state, but the Inter-American Commission on Human Rights (IACHR) fulfills its role by demanding that the Salvadoran state change its internal legislation so that it complies with the standards of human rights in line with the Inter-American Convention on Human Rights and the Belém do Pará Convention.