Evelyn regains her freedom after four years for abortion conviction in El Salvador

global action day free and safe abortion
On the occasion of the 28S, Global Day of Action for Safe, Free and Free Abortion, we talk about the achievement of Evelyn's case. Of her future, but without forgetting the women who continue to be denounced and imprisoned accused of having an abortion.

28S, Global Day of Action for Safe, Free and Free Abortion

We talk about the success of Evelyn's case, about her future, but without forgetting the women who continue to be denounced and imprisoned for having an abortion.

Currently, 26 countries in the world prohibit abortion

Today, on 28 September, the Global Day of Action for Free, Safe and Free Abortion, there are 26 countries in the world where abortion is still completely forbidden. In Europe, it is prohibited in Andorra, Malta and San Marino; and extremely restricted in Liechtenstein, Monaco and Poland. In 2014, in Spain, we experienced an attempt to go backwards with Gallardón's proposed counter-reform to the 2010 law on time limits. In Central America, abortion is criminalised in Honduras, Nicaragua and El Salvador.

El Salvador has one of the most restrictive laws in the world. Its Penal Code provides for sentences of 30 to 50 years' imprisonment and charges of aggravated homicide, even in cases of rape, maternal endangerment and obstetric issues such as miscarriages and out-of-hospital deliveries. Currently, 16 women are in prison in El Salvador for this reason.

Evelyn sentenced to 30 years in prison for aggravated murder in El Salvador

Evelyn Hernández was one of them. Evelyn was a teenager from a rural community. In 2016, she went into premature labour at home and due to complications was taken to hospital. There, the health staff alerted the authorities and she was taken directly to prison, accused of having induced an abortion. She was sentenced to 30 years' imprisonment for aggravated murder in July 2017, aged just 19. Despite an appeal by the defence and the judgment being quashed in December 2018, Evelyn remained in detention until 14 February 2019, when she was granted parole. The retrial was held in August 2019, where she was finally acquitted of the charges. But the Prosecutor's Office of El Salvador filed an appeal, which has taken this process to 2020.

On 30 June 2020, the Chamber of the Second Section of the Centre of Cojutepeque declared Evelyn's acquittal final. Thus, after four years of judicial proceedings, today we celebrate that Evelyn's freedom is irreversible and can no longer be challenged by any other recourse. We hope that this ruling is another step towards moving the justice system away from a criminalising approach to the obstetric problems faced by women from disadvantaged backgrounds.

Funding the women's movement works

In all this time, Evelyn has not been alone. The Agrupación Ciudadana por la Despenalización del Aborto Terapéutico, Ético y Eugenésico en El Salvador - part of the Salvadoran feminist movement - has provided legal and psychosocial support to her and 6 other women released in 2019. In the video, Morena Herrera, its director, tells us how Evelyn is beginning to resume her life and her plans for the future: she wants to become a lawyer and have the tools to defend the rights of other women. She also points out some of the achievements of the organisation, but emphasises the importance of continuing to spread the word about the lives and situations of these women. Morena urges that from other parts of the world we understand that the total criminalisation of abortion in El Salvador is a risk and a threat to women who are poor, young and/or living in other situations of vulnerability.

The decriminalisation of abortion in Central America and women's access to sexual and reproductive health has been one of Calala's pillars since we started in 2010. The work of the Citizens' Group is a clear example of what solidarity and funding for feminist activism can achieve. Become a Calala donor and finance the important work of the Citizens' Group.

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