Tuesday, December 18, 2018

El Salvador court frees Imelda Cortez, jailed under anti-abortion laws

BBC News (Dec. 18, 2018): El Salvador court frees woman jailed under anti-abortion laws, by BBC News:

A woman who was jailed for attempted murder under El Salvador's strict anti-abortion laws has been freed.

Imelda Cortez, 20, says she became pregnant by her stepfather who sexually abused her for many years. Doctors suspected she had tried to perform an abortion after she gave birth to a baby girl in a latrine in April 2017. The child survived, but Imelda Cortez was arrested and spent more than 18 months in jail as she awaited trial. Prosecutors argued that her failure to tell anyone about the pregnancy and seek medical help after giving birth constituted attempted murder, which carries a possible 20-year sentence in El Salvador.

On Monday, however, a court ruled that Cortez, who was unaware that she was pregnant, had not sought an abortion. Cortez's lawyers said that to avoid a harsher sentence, she had admitted to neglecting her newborn baby, which carries a one-year jail term. The court ultimately decided to dismiss that offense and told Cortez she was free to go home.

"This sentence... represents hope for women who are still in prison and are also being tried for aggravated homicide," defense attorney Ana Martinez told reporters following the verdict.

El Salvador is one of several countries in the world where abortion is completely banned and carries heavy penalties. While the country is not alone in Latin America in having a total ban on abortions, it is particularly strict in the way it enforces the ban: doctors have to inform the authorities if they think a woman has tried to end her pregnancy. If they fail to report such cases, they too could face long sentences in jail.

Human rights groups are calling this enforcement of the ban a criminalization of miscarriages and medical emergencies, with more than 100 people convicted in El Salvador since 2000.

December 18, 2018 in Abortion, Abortion Bans, In the Courts, International | Permalink | Comments (0)

Thursday, December 6, 2018

South Carolina's anti-abortion lawmakers say they’ll push for stricter laws in 2019

Greenville News (Dec. 4, 2018): South Carolina's anti-abortion lawmakers say they’ll push for stricter laws in 2019, by Tom Barton & Avery G. Wilks, The State:

Conservative state lawmakers in South Carolina say they will push for a ban on abortions after a fetal heartbeat can be detected when the full General Assembly reconvenes in January. If it becomes law, the proposal effectively would bar most abortions in South Carolina and could set up a showdown in the federal courts.

“It’s a common-sense bill. If a heart stops beating permanently, the person is dead,” said state Rep. John McCravy, R-Greenwood, who plans to file the fetal heartbeat bill in the South Carolina House. “Common sense should tell us that when a heart is beating, we have a precious human life that should not be terminated.”

The proposed law would ban nearly all abortions after a fetus has a detectable heartbeat — as early as six weeks in a pregnancy. That would be about two weeks after a woman’s first missed period, and well before many women realize they are pregnant, said Vicki Ringer, the public affairs director for Planned Parenthood South Atlantic.

More than 60 percent of the roughly 5,100 abortions performed in South Carolina in 2017 occurred after six weeks of gestation or post-fertilization, according to the latest data from the South Carolina Department of Health and Environmental Control.

Iowa passed a fetal heartbeat bill this spring, among the strictest abortion laws in the country. But that law is on hold for now as opponents challenge it in court. North Dakota and Arkansas passed similar laws, only to see them overturned by federal courts. The U.S. Supreme Court has declined to review the lower court rulings, but that could possibly change with Justice Brett Kavanaugh now on the court

Efforts to pass a fetal heartbeat law in South Carolina have thus far failed. Bills introduced in 2013, 2015, 2017 and 2018 all died without reaching the House or Senate floor.

The proposal faces a tough road to passage again this year, especially in the state Senate, where Republicans hold a majority but Democrats can filibuster controversial bills and block them. Last year, Senate Democrats took turns stalling a vote on an outright abortion ban for days until Republicans gave in and dropped the proposal.

Anti-choice lawmakers in the General Assembly also plan to reintroduce a ban on dilation & extraction, also known as a D&E ban, as well as the sweeping "Personhood Act," which would establish that fetuses have legal rights at the moment of conception, banning almost all abortions.

South Carolina Governor Henry McMaster has promised to sign anti-choice legislation into law.

December 6, 2018 in Abortion, Abortion Bans, Anti-Choice Movement, Politics, State and Local News, State Legislatures, Supreme Court | Permalink | Comments (0)

Tuesday, December 4, 2018

More than 5,500 women came to Illinois to have an abortion last year, amid growing restrictions in the Midwest

Chicago Tribune (Nov. 30, 2018): More than 5,500 women came to Illinois to have an abortion last year amid growing restrictions in the Midwest, by Angie Leventis Lourgos:

More women are crossing state lines to have abortions in Illinois, according to the latest statistics from the Illinois Department of Public Health.

Last year, 5,528 women traveled to Illinois from other states to obtain abortion care, almost one thousand more than the 4,543 women who came from out of state in 2016. The total number of abortions statewide during the same period increased slightly, from 38,382 in 2016 to 39,329 in 2017, according to annual state reports. Of those, about 1,000 abortions each year were provided to women whose home states were marked “unknown.”

Illinois is generally considered a reproductive rights haven amid the more restrictive Midwest, where women often face waiting periods, gestational limits, fewer clinics and other hurdles.

Within the Midwest, the availability of abortion providers differed drastically state by state. For example, Illinois had about two dozen clinics, roughly one for every 120,135 women of reproductive age. By contrast, in neighboring Wisconsin researchers found three facilities providing abortions, about one for every 423,590 women, according to data collected in early 2017.

Edwin Yohnka of the American Civil Liberties Union of Illinois said the rise in out-of-state travel for abortion “fits a pattern that we have seen the past few years.”

“While other states in the Midwest have imposed increasing restrictions and limitations on the ability of a woman to access health care, including abortion care, Illinois has largely moved to keep such health care more accessible,” he said. “As a state that imposes relatively fewer unnecessary and punitive barriers, we should expect women to seek care in Illinois.”

December 4, 2018 in Abortion, Abortion Bans, State Legislatures, Targeted Regulation of Abortion Providers (TRAP) | Permalink | Comments (0)