ANALYSIS | By Carlos Polo | In a historic ruling that strengthens the pro-life movement, the Inter-American Court of Human Rights has dismissed the abortion lobby’s attempt to establish a “right to abortion” in the case of Beatriz et al. v. El Salvador. This ruling not only represents a legal triumph for El Salvador, but also sets key precedents in defense of life from conception throughout the region.
The Beatriz Case was the failed attempt by the abortion lobby to have the Inter-American Court recognize an alleged “right to abortion”. Its objective was to establish a legal precedent in Ibero-America equivalent to the emblematic Roe vs. Wade ruling of the U.S. Supreme Court.
Just as in Roe v. Wade, the abortionists built the case on a lie. The Beatriz case was built on the premise that a “therapeutic abortion” would have saved the life of a young Salvadoran woman with a high-risk pregnancy, whom the media called Beatriz. They argued that Salvadoran laws recognizing the right to life of the unborn child and prohibiting abortion prevented doctors from saving her life.
Just as Jane Roe was never raped, Beatriz did not die from complications of her pregnancy or from the alleged lack of abortion. Beatriz died more than 4 years later in a motorcycle accident.
The track record of several members of the Inter-American Court suggested that the abortionists would get their way. And against all odds, they did not succeed. The reason? Numerous pro-life associations throughout the region raised their voices for months, denouncing the falsehood and misrepresentation of the facts.
The pro-life victory does not only lie in the failure of the abortionists. The Inter-American Court not only failed to uphold El Salvador, its pro-life laws and doctors, but also established key precedents beneficial to the pro-life movement throughout the region.
The Beatriz Case: manipulation and truth
This case begins in 2013. Beatriz, a 22-year-old Salvadoran woman from a poor family, was pregnant with her second child. Beatriz had been a mother once before, and her pregnancy had been difficult. When she gave birth to her first child, doctors offered her sterilization, but she refused the offer because she wanted to be a mother again. Another important fact is that Beatriz had lupus, a disease that, if left untreated, can have serious consequences.
Beatriz was happy to be pregnant for the second time. She regularly went to the doctor for check-ups, but at one of these prenatal check-ups, doctors informed her that her unborn child had anencephaly, a congenital malformation that prevents the growth of the brain and would limit her baby’s life to a few hours or, at most, months.
After the diagnosis, pro-abortion groups took her case as a banner to promote abortion in the Inter-American Court and make Beatriz believe that she would die if she continued with the pregnancy.
The case went to the Supreme Court of El Salvador, but after analysis of all the evidence, the Court recognized that Beatriz’s life was not in danger.
Rafael Varaona, perinatologist and Beatriz’s doctor since the beginning of her pregnancy, pointed out that the systemic lupus erythematosus that Beatriz had throughout her second pregnancy was totally controlled, so she was never at risk of losing her life.
Beatriz was decided to have a cesarean section at six months to avoid bleeding because the healing from her previous cesarean section was not adequate. Her daughter was born and named Leylani. She was born alive, received lots of love from her mother and hours later due to her condition, she passed away.
Beatriz recovered from the C-section without any complications. But four years later, in 2017, Beatriz died in a motorcycle accident. This raised the antennae of abortion groups, which had already dropped the case, but decided to lie and link Beatriz’s death to the fact that she was unable to access her “human right to have an abortion” and took the case again to the Inter-American Court.
Key points of the ruling
The Inter-American Court, after analyzing the case, concluded that Salvadoran laws protecting life from conception did not violate Beatriz’s human rights nor were they related to her death. In addition, it established fundamental points that strengthen the defense of life:
- Rejection of falsehoods: The Court dismissed the lies in the Beatriz Case, recognising that her death was unrelated to El Salvador’s abortion prohibition and that her right to life was not violated.
- Recognition of the dignity of the unborn: The Court rejected attempts to dehumanise Leylani, affirming that a proper understanding of human rights does not prioritise the unborn’s right to life over the mother’s health, but does clearly grant equal protection to both.
- Abortion not recognised as a right: The Court clarified that abortion cannot be considered a “right” within the inter-American system because it remains a crime. An act cannot simultaneously be both a crime and a right.
- Rejection of “obstetric violence” as a pro-abortion argument: The Court noted that obstetric violence results from medical protocol failures, not laws criminalising abortion. This dismantled feminist arguments linking pro-life legislation to gender violence.
- Reaffirmation of national sovereignty: In an unprecedented and unexpected decision, the Court declared that while countries are free to implement its recommendations, it will not and does not impose them on member countries. This strengthened El Salvador’s sovereignty.
Lessons for the pro-life movement
The Inter-American Court’s decision demonstrates that the defense of life can prevail even in the face of international pressure and media manipulation.
This case also highlights the importance of organization and unity among pro-life associations in the region, which played a crucial role in exposing the falsehoods promoted by abortion groups.
In this important role, Global Center for Human Rights deserves special mention. Its leaders, husband and wife team Sebastian Schuff and Neydy Casillas, spent years monitoring, connecting and organizing efforts throughout the region to get the Inter-American Court to respect national law and democracy. For example, they designed and launched the web site casobeatriz.org to concentrate information, promote activities and facilitate the participation of thousands of citizens through a petition addressed to the judges of the Court – a model for articulated action throughout the region! On behalf of Population Research Institute, I am proud to have been a part of it all.
A future of hope
This ruling reaffirms that the best practices for protecting both mother and unborn child lie in medical protocols that respect life, without resorting to abortion as a solution.
Most importantly, it marks a turning point for the defense of life in Ibero-America. It sends a clear message: human rights, including the right to life from conception, are non-negotiable. At a time when the abortion debate continues to polarize societies, this victory renews hope for those who work tirelessly to protect the most vulnerable.
Beatriz’s story, far from being a manipulated tragedy, is a reminder that truth and life prevail, even in the face of the most aggressive attempts by those who seek to impose agendas contrary to human dignity.
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Carlos Polo is the Latin America Director of the Population Research Institute and a member of the Expert Committee of the Political Network for Values.
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