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Nicaragua: Complete Ban On Abortion
Violates Torture Convention
Amnesty International has urged the
Nicaraguan authorities to act upon the UN
Committee against Torture call for Nicaragua
to review its complete ban on abortion with
a view to including exceptions to the total
prohibition.
After reviewing the situation in Nicaragua
against the obligations of the state under
the Convention against Torture, the UN
Committee concluded that the State Party
should revise its legal framework in
relation to abortion. The expert Committee
observed that the complete ban gave them
cause for profound concern, as it exposes
women and girls to a constant threat of
serious violations to their rights,
particularly if continuation of the
pregnancy posed a threat to their life, or
for victims of rape.
“The Committee is sending a clear message to
the Nicaraguan state: So long as the
complete ban with no exceptions is in place,
you will be in breach of your international
legal obligations to protect human rights,”
said Widney Brown, Senior Director,
International Law and Policy at Amnesty
International. “If this complete ban were to
stay, women and girls would continue to be
at risk of torture, cruel, inhuman and
degrading treatment. Such inaction would
show a cruel indifference to the physical
pain, psychological anguish and lack of
human dignity this law causes women and
girls in Nicaragua to suffer by denying and
thwarting their access to essential medical
treatment during pregnancy.”
The criminal law imposes prison terms for
doctors and women or girls for carrying out
or seeking an abortion, regardless of the
circumstances, such as if the life or health
of the pregnant woman is at risk from
continuation of the pregnancy.
“As noted by the Committee, the moment when
doctors need to make vital decisions they
are forced to violate their professional
ethics, ignore best practice and protocols,
placing the life and health of the patient
at risk,” said Widney Brown. “Furthermore,
rape victims who become pregnant as a result
of the crime in Nicaragua are faced with an
unconscionable choice: either continue the
pregnancy to full term, regardless of the
risks to her life, health or well-being or
seek an unsafe backstreet abortion risking
her life, health and possibly imprisonment.
In a country where there are high rates of
sexual abuse and at least 50% of rape
victims are girls aged 18 or under, this is
a particularly appalling situation.”
The complete ban has a chilling effect on
the ability of doctors to respond quickly
and decisively to women and girls suffering
from complications during their pregnancy.
The law denies pregnant women necessary
medical care which in some cases would be
life saving.
The UN Committee against Torture is the
fourth UN treaty body to demand that the
Nicaraguan government repeal the complete
ban on abortion in all circumstances because
this ban violates the rights of women and
girls. The UN Human Rights Committee, the UN
Committee on Economic, Social and Cultural
Rights and the UN Committee on the
Elimination of All forms of Discrimination
Against Women have already highlighted to
the Government of Nicaragua that this law
breaches Nicaragua’s international legal
obligations and places the lives and health
of women and girls in jeopardy.
Amnesty International considers that the
full ban on abortion in Nicaragua –
including in cases where a woman’s health or
life would be at risk if the pregnancy
continues or where that pregnancy is a
result of rape – is a violation of women's
and girls' human rights, including the right
not be subject to torture, cruel, inhuman
and degrading treatment.
The organization is calling on the
Nicaraguan authorities to repeal the full
ban on abortions and ensure doctors are not
prohibited from providing medically
indicated treatment to women and girls in
need.
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