Four women from Latin America whose lives were put at risk when they were not allowed abortions after being raped as girls are taking their cases to the UN human rights committee.
The women, from Nicaragua, Ecuador and Guatemala, filed cases against their governments on Wednesday for failing to provide appropriate healthcare and denying them abortions, even when it was their legal right to have one.
Now aged between 18 and 23, the women were 14 or younger when they were raped. All were attacked by older men and dropped out of school after discovering they were pregnant. Although each of the women filed a police complaint, no one was ever arrested or charged in connection with the attacks.
The cases are being being brought on behalf of the women by the Center for Reproductive Rights, a US-based legal NGO, and Planned Parenthood Global, with law firm Debevoise & Plimpton LLC, as well as local partners.
As well as seeking compensation, the women want the committee to compel the three governments to reopen their cases and amend policies and laws that discriminate against women and girls.
The move throws a spotlight on the restrictions placed on women’s reproductive health and rights in the region.
“The failure of states to guarantee reproductive rights is a clear violation of human rights,” said Nancy Northup, president of the Center for Reproductive Rights. “Systemic sexual violence paired with minimal access to sexual and reproductive health services means that women and girls in Latin America and the Caribbean are frequently forced to carry unwanted pregnancies to term.”
Countries in Latin America and the Caribbean have some of the most restrictive abortion laws in the world. Nicaragua is one of six countries in the region that does not allow abortion in any circumstances, while Guatemala only permits it if a woman’s life is in danger. Ecuador permits abortion if a women’s life is at risk or in cases of rape. Only Uruguay, Guyana, and Cuba allow elective abortion.
In countries where abortion is permissible, local authorities and healthcare professionals can still refuse women and girls access to services.
The UN does not collect data on birth rates among 10- to 14-year-old girls, but official estimates suggest that in Ecuador such births increased from 2.5 for every 1,000 in 2013 to eight for every 1,000 in 2016. The same figures suggest that in Guatemala last year, 2,256 girls between 10 and 14 gave birth. In Nicaragua, it is estimated that eight out of 10 sexual violence survivors are girls under the age of 13.
In March, it emerged that an 11-year old Argentinian girl who became pregnant after being raped was forced to give birth after health authorities refused an abortion to which she was entitled.
According to the Guttmacher Institute, almost four-fifths of pregnancies among 15- to 19-year-olds in Latin America and the Caribbean are unintended. Roughly half end in abortion and more than three-quarters of terminations are unsafe.
It estimates that in 2016, 777,000 babies were born to girls aged 10 to 14 globally. About 14% of these births occurred in Latin America and the Caribbean.
Catalina Martínez Coral, regional director for Latin America and the Caribbean at the Center for Reproductive Rights, said she was hopeful the committee would rule in favour of the women.
“I think the human rights committee has been very progressive in decisions that they have taken. We don’t think this will be an exception,” she said.
“Whatever they decide is going to be standard for countries … I think it will have a huge impact. For these three countries it will be very significant if states adopt recommendations and make substantial political and legal changes to guarantee access to reproductive care.”
But she admitted that getting governments to implement committee recommendations could be challenging.
A ruling is not expected for about four years, although it could come in two years if the committee decides to prioritise the cases. By that time, Coral said she hopes the political landscape in the three countries, particularly Nicaragua, will be more conducive to upholding women’s reproductive rights.
Patrick Taylor, a partner in international dispute resolution group at Debevoise, said he was confident of a positive outcome from the committee, adding: “It’s not quite as straightforward as having a case, having a remedy implemented and done. It’s a frustration of international legal systems, but ultimately, these decisions ratchet up pressure.”
In 2017, the centre joined forces with Debevoise in successfully petitioning the UN Committee on the Elimination of Discrimination Against Women over El Salvador’s total ban on abortion. After filing a report on how the ban violates women’s human rights, the committee called for it to be repealed and laws introduced to allow abortion in some circumstances.