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Activist Ana María Pizarro, tells Amnesty International how
pregnant women are at risk of losing their lives because of Nicaragua’s abortion ban.

"Many young women say ‘I can’t risk getting pregnant in this country’"

There can’t be a law in Nicaragua which criminalizes something which only happens in women’s bodies, because from that moment we are no longer equal before the law.  

Women in Nicaragua are afraid to have a family, to get pregnant. Many young women say ‘I can’t risk getting pregnant in this country because I’m frightened that a (medical) complication could lead to my losing my life’.

I worked in the public health service for 10 years. Before, there used to be an analysis committee for the interruption of pregnancies, in the public hospitals. Now in the public hospitals, out of fear, women are left to die. There are cases of (pregnant) women who have treatable illnesses which aren’t treated.

Women who have money can pay for a [clandestine] abortion and poor women have to carry on using basic, dangerous methods because they aren’t allowed to have an abortion in safe conditions.

We’re creating a problem of social justice because in both of these cases, women can be sent to prison. The difference is that the poor women are going to die, and the women who aren’t poor won’t run any risk because they will be able to find professionals who can carry out an abortion safely.

One of the cases I know happened in Condega, in one of the provinces of Nicaragua.

A young woman of 25 arrived at a health centre one Sunday at 5am, where they diagnosed that she had had an induced abortion. In the space of two hours, the nurse and the doctor from the health centre informed the police and at 7am the police were inside the health centre interrogating the young woman.

The doctor, while a sample was being taken from the young woman’s womb, filmed and took photos of the young woman, who was naked at the time. Then the police took photos of the young woman while the procedure was being carried out – again, while she was naked.

On the Monday the young woman was transferred to hospital and reported to the public prosecutor’s office. The public prosecutor’s office sent the case to the forensic doctor, who carried out a forensic assessment of her and on the Tuesday the young woman was being accused in court. She was interrogated while she was on a drip and under treatment.

The doctor said that the young woman didn’t need a lawyer, they compelled her to testify and to incriminate herself. They obliged her to give information about details like how the abortion had been carried out.

Without a trial they ordered her to six months under house arrest, which is what the law stipulates. Since they had obliged her to give evidence against herself, a trial wasn’t necessary. She’s living out her sentence now.

The whole thing was carried out so quickly. This is not at all the case with rapists, with murderers, with those who abuse women, or when it’s an issue of corruption or violence, both of which affect Nicaragua so hugely.

The United Nations should urge Nicaragua to repeal its ban on abortion following a human rights’ review of the country on 8 February, Amnesty International said on Thursday.

During the United Nations’ Universal Periodic Review, UN members will have the opportunity to raise questions about the country’s absolute ban on abortion.

Nicaragua’s revised Penal Code, which came into effect in July 2008, stipulates prison sentences for girls and women who seek an abortion and for health professionals who provide health services associated with abortion. The prohibition includes cases where the life of the woman is at risk or when pregnancy is the result of rape or incest.

"Nicaragua’s ban on abortion is the result of a shocking and draconian law that is compelling rape and incest victims to carry pregnancies to term and causing a rise in maternal deaths," said Widney Brown, Senior Director of International Law and Policy at Amnesty International. "UN member states should take this opportunity to hold Nicaragua to account for a law that violates women’s right to life, health and dignity."

The organization also reiterated its call on the Nicaraguan authorities to decriminalize abortion in all circumstances. Amnesty International said Nicaragua should ensure that women and girls have access to safe and legal abortion services when an unwanted pregnancy is a result of rape or incest or when it threatens the woman’s health or life.

The revised Penal Code introduces criminal sanctions for doctors and nurses who treat a pregnant woman for medical conditions such as cancer or cardiac emergencies where the treatment may cause injury to or death of the embryo or foetus.

Nicaragua’s Penal Code is in conflict with the country’s Obstetric Rules and Protocols issued by the Ministry of Health. The protocol mandates therapeutic abortions as clinical responses to specific cases.

Amnesty International’s researchers have found that in Nicaragua the absolute ban on abortions particularly affects young girls who are victims of rape or incest.

According to a survey of media reports between 2005 and 2007; 1,247 girls were reported in newspapers to have been raped or to have been the victims of incest in Nicaragua. Of these crimes, 198 were reported to have resulted in pregnancy. The overwhelming majority of the girls made pregnant as a result of rape or incest (172 of the 198) were between 10 and 14 years old.

The organization also found an increase in maternal deaths since the introduction of the ban.

In the first 19 weeks of 2009, some 16 per cent of all maternal deaths were as a consequence of unsafe abortion compared to none in the same period in 2008.

Four UN expert committees established by treaties, the Committee against Torture, the Committee on Economic, Social and Cultural Rights, the Human Rights Committee and the Committee on the Elimination of Discrimination against Women have already condemned this law and urged its revision, but the Nicaraguan government continues to ignore these calls.

"Nicaragua’s law criminalizing abortion goes against the advice of four UN treaty bodies and fails to meet its obligations under international human rights laws," said Widney Brown. "Nicaragua needs to repeal this law immediately and enact laws and policies that promote the rights of women and girls by ensuring their rights to health, life and to be free from violence, coercion and discrimination."

Nicaragua’s ban on abortion is a cause of grave concern in the wider international community. Tens of thousands of Amnesty International activists appalled at the impact of the ban on women’s and girl’s human rights, have signed petitions and contacted the Nicaraguan authorities to call for the repeal of the law.

The Universal Periodic Review is an opportunity for the UN Human Rights Council to examine the human rights record of all member states. Each country is reviewed every four years with the aim of ensuring states are meeting all of their human rights obligations.

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The Nicaraguan authorities must investigate violent attacks and death threats against a human rights activist, Amnesty International has said.br /
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Leonor Martiacute;nez received numerous phone messages throughout November threatening to kill her and her family unless she gives up her work with the Coalicioacute;n de Joacute;venes Nicaraguuml;ense, a civil society group.br /
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On 20 November, a man approached the activist as she left her house and told her she would be killed unless she stopped quot;sticking her nose inquot;.br /
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Leonor Martiacute;nez recognised him as someone who was present a month earlier when three men beat her and broke her arm in three places.br /
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She had been returning home from a press conference where she had criticized restrictions on protests and curbs on fundamental freedoms. The human rights activist, who is also a member of a national network of civil society organizations (Coordinadora Civil, CC) told Amnesty International that the men threatened her with a gun, saying if she continued quot;with the CC and the activities with the young peoplequot; they would quot;attack or killquot; her and her family.br /
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Leonor Martiacute;nez believes the men involved in these attacks have connections to the ruling party in Nicaragua, the Frente Sandinista de Liberacioacute;n Nacional (FSLN), Sandinista National Liberation Front. She has reported the attack and the messages to the police, but they have taken no action. br /
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Amnesty International has called for a swift and thorough investigation into the attacks and for those responsible to be brought to justice.br /
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The organization said that Leonor Martiacute;nez must also be given immediate protection to ensure her safety.
/p

img src=http://www.amnesty.org/sites/impact.amnesty.org/files/imagecache/previewsize/sites/impact.amnesty.org/files/PUBLIC/Regions/AMR/nicaragua-doctor-100×100.jpg alt= title= /br/Amnesty International has expressed concern that the Nicaraguan Supreme Court continues to delay its judgment on the legality of new criminal laws on abortion which entered into force in 2008. br /
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The Court was due to issue a judgment in May 2009 on the constitutionality of a complete ban on abortion, even when the life of the woman or girl is at risk and when the pregnancy is a result of rape or incest. br /
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ldquo;As long as this total ban is in place, victims of rape and incest ndash; some of them still children themselves ndash; are compelled to bear children,rdquo; said Kerrie Howard br /
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ldquo;Pregnant women and girls are being denied life saving medical treatment and medical professionals are criminalized for doing their jobs.quot; br /
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ldquo;The lives of many women and girls depend on the Courtrsquo;s decision,rdquo; said Kerrie Howard br /
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ldquo;We are very concerned at the lack of certainty and that the Court continues to delay its ruling.rdquo;nbsp; Justice delayed is justice denied.nbsp; Women are dying in Nicaragua because the Court has failed to uphold the human rights of women. br /
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Since the ban was first put in place four United Nations treaty expert committees have informed the Nicaraguan government that such a ban places it in breach of its obligations to protect women and girlrsquo;s human rights.nbsp; nbsp;br /
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According to official figures, 33 girls and women have died in pregnancy so far in 2009 as compared to 20 in the same period last year. Amnesty International believes these figures do not reflect the actual numbers as the government itself has acknowledged that the number of maternal deaths is under-recorded. br /
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On 27July 2009, Amnesty International published the study ldquo;The total abortion ban in Nicaragua: Women’s lives and health endangered, medical professionals criminalizedquot;, examining the human rights implications of the denial of abortion when the life or health of a woman or girl is at risk, including when she is a victim of rape or incest. br /
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One of the calls Amnesty International made was to the Constitutional section of the Nicaraguan Supreme Court, urging it to issue a decision on the legality and constitutionality of the law as a matter of urgency and in accordance with the Courtrsquo;s rules and procedures. br /
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strongBackground Information /strongbr /
Nicaraguarsquo;s revised Penal Code stipulates prison sentences of between one and two years for girls and women who seek an abortion and between one and three years imprisonment for health professionals who provide health services associated with abortion. Only 3% of the worldrsquo;s countries have introduced such absolute bans. br /
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Under the law even girls and women who have suffered a miscarriage may be prosecuted, as in many cases it is impossible to distinguish spontaneous from induced abortions. Over zealous prosecutors use the law to press charges against women who have suffered the physical and mental pain of having a miscarriage. br /
nbsp;nbsp;nbsp;nbsp;nbsp;nbsp; nbsp;br /
This new law is in conflict with the Nicaraguan Obstetric Rules and Protocols issued by the Ministry of Health which mandate therapeutic abortions as clinical responses to specific cases. There are no exceptional circumstances provided for by the penal code. br /
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During the mission to launch the report quot;The total abortion ban in Nicaragua: Women’s lives and health endangered, medical professionals criminalizedquot; (27 July 2009 Index number 43/004/2009) Amnesty International delegates met with girls as young as 12nbsp; who, having been subjected to sexual violence at the hands of close family members or friends, were compelled to carry the resulting pregnancies to term ndash;giving birth in many instances to their own brothers or sisters ndash;because they were denied access to alternatives.nbsp; nbsp;br /
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Obstetricians, gynaecologists and family doctors in Nicaragua told Amnesty International that under the new Penal Code they can no longer provide effective medical treatment for life threatening conditions in pregnant women and girls because of the potential risk to the foetus. The Penal Code introduces criminal sanctions for doctors and nurses who treat a pregnant woman or girl for illnesses such as cancer or cardiac emergencies where such treatment is contraindicated in pregnancy and may cause injury to or death of the embryo or foetus.