CEHURD, Author at CEHURD

Oct 23, 2024 Featured, General News

Press Statement on the Alleged Sexual Abuse of a 14-Year-Old Girl by a Step Father

Uganda continues to wrestle with alarmingly high rates of sexual abuse, particularly against young girls. Recent statistics indicate a sharp rise in reported cases, with countless more going unreported due to fear, stigma, and lack of access to justice. The case of a 14-year-old girl allegedly abused by her stepfather highlights the urgent need for a collective response to SGBV.

In response, Center for Health, Human Rights and Development (CEHURD), the Islamic Women’s Initiative for Justice, Law & Peace (IWILAP), the Muslim Women Lawyers Alliance (MWOLA), the Muslim Female Lawyers Network on Abortion, and the Uganda Association of Women Lawyers (FIDA-Uganda), convened a press conference to address this incident on Tuesday, 15th October 2024, offering solidarity and support to the survivor and her family. The coalition is committed to ensuring that the survivor’s voice is amplified and her rights upheld.

Download Press Statement; PRESS STATEMENT ON SEXUAL ABUSE OF 14 YEAR OLD GIRL 2 OCTOBER 2024 Final final (1)

Oct 19, 2024Oct 23, 2024 Article, Featured

Progressive Jurisprudence on Reproductive Justice in Latin America: Lessons from the landmark decision of the Inter-American Commission on Human Rights in the case of Beatriz v. El Salvador, 2013

By Seth Nimwesiga | Policy an Advocacy Lawyer | CEHURD

Introduction

In 2013, the Inter-American Commission on Human Rights (IACHR) took the unprecedented step of ordering El Salvador to allow a therapeutic abortion for a woman known as Beatriz, who faced serious health risks from a nonviable pregnancy.1 Beatriz petitioned the IACHR after El Salvador repeatedly denied her requests for the medically necessary procedure under the country’s absolute criminalisation of abortion (IACHR, 2013).The IACHR’s provisional measures represented the first time an international human rights body, intervening to require a state to guarantee access to safe and legal abortion care where it was legally prohibited (IACHR, 2013).

Although El Salvador did not comply until the last possible moment, the IACHR’s decision set a vital precedent for upholding reproductive rights and exposed the human costs of El Salvador’s extreme abortion ban (Human Rights Watch, 2023). The Beatriz case demonstrated how absolute abortion bans violate international legal protections for women’s lives, health, and freedom from cruel and degrading treatment. It established that regional human rights bodies can override regressive domestic laws to protect reproductive rights (Human Rights Watch, 2023). Through the provisional measures, the IACHR compelled El Salvador to acknowledge that Beatriz’s rights and well-being took priority over a rigid enforcement of unjust abortion restrictions.

This article analyses the significance of the unprecedented intervention by the IACHR in Beatriz v. El Salvador as an influential milestone for advancing safe abortion access and reproductive justice in Latin America. The case created momentum for challenging other states’ restrictive laws and signalled that regional bodies may step in where domestic policies contravene human rights.

Background to the Beatriz’ Case

In 2013, Beatriz, a 22-year-old woman living in poverty in El Salvador, was diagnosed as suffering from lupus and kidney disease while pregnant with her second child (IACHR, 2013). Doctors determined her pregnancy was high-risk and the foetus had a fatal anomaly, anencephaly, meaning it was not likely to survive outside the womb (IACHR, 2013). They warned Beatriz that continuing the pregnancy endangered her health and life. Despite the medical risks, Beatriz’s requests through the country’s legal system for a therapeutic abortion were denied at multiple levels. It is important to note that El Salvador has one of the strictest abortion laws in the world.

Article 1 of El Salvador’s Constitution recognizes rights to life “from the moment of conception” (Constitution of the Republic of El Salvador, 1983). Their Penal Code prescribes up to eight years imprisonment for women who induce abortions and for doctors who assist them (Penal Code of El Salvador, 1997, Art. 135). Beatriz filed a writ of Amparo, arguing the abortion ban violated her constitutional rights to life and health. However, the Supreme Court ruled against her in May 2013, refusing to make an exception (IACHR, 2013). With no remaining domestic options, Beatriz’s lawyers appealed to the IACHR to intervene.

IACHR Provisional Measures

With Beatriz facing severe risks to her life and health if forced to continue the pregnancy, her lawyers petitioned the IACHR to grant emergency protection. On May 29, 2013, the IACHR issued provisional measures urging El Salvador to “adopt the necessary measures to ensure the protection of Beatriz’s right to life, personal integrity and health” (IACHR, 2013). This included providing medical treatment and allowing termination of the pregnancy (IACHR, 2013).

Under Article 25 of the IACHR Rules of Procedure (2009), the Commission can request states to protect individuals facing grave and urgent harm to their human rights. The IACHR found Beatriz’s situation met the requirements for provisional measures (IACHR, 2013). It emphasized the risks to her mental and physical health and the inefficacy of El Salvador’s abortion law in protecting a nonviable foetus. The IACHR ordered prenatal treatment along with ending the pregnancy within 72 hours (IACHR, 2013).

Initially, El Salvador refused to comply, despite international pressure (Human Rights Watch, 2023). But as Beatriz’s health deteriorated further, the government allowed her to undergo an emergency C-section on June 3, 2013, nearly at the point of renal failure (Human Rights Watch, 2023). The 27-week anencephalic foetus died within hours. The IACHR’s action compelled El Salvador to prioritize Beatriz’s rights over rigid adherence to unjust laws.

Importance for International Human Rights Law

The Beatriz case highlights the severe human rights impacts of abortion bans and the need for evolving legal standards around reproductive rights globally. Laws like El Salvador’s conflict with international treaties protecting women’s lives, health, privacy, and human dignity. The IACHR’s intervention reaffirmed the duties of states to reform restrictive abortion policies that jeopardize women’s rights and well-being. Although domestic sentiment may still favour abortion restrictions in some regions, bodies like the IACHR affirm the primacy of women’s rights over ideological opposition or customary prohibitions.

The case also demonstrated how blanket abortion bans disproportionately endanger poor and marginalized women alternatives to protecting their rights. Wealthy women can often evade restrictions by travelling abroad while denial of abortion access harms and stigmatizes disadvantaged groups (Amnesty International, 2014). Liberalizing abortion laws remains essential to the protection of the human rights of all women regardless of socioeconomic status.

Suggestions for Further Action

The Beatriz case deserves more global attention and advocacy to catalyse reform of abortion laws contravening human rights standards. International and regional courts should continue issuing decisions upholding reproductive rights over regressive domestic bans. Activists must publicize the harrowing consequences of denial of safe abortion and the problem of life-threatening illegal abortions where legal care is banned. Litigation strategies like Beatriz’s writ of Amparo can challenge abortion restrictions through domestic courts as well.

Global human rights bodies should also intensify monitoring and pressure on states with harsh abortion laws like El Salvador. Linked aid and trade policies can incentivize legal reform. With persistent activism and leverage of regional and international oversight mechanisms, progress is possible despite deeply engrained opposition to liberalizing safe and legal abortion. The Beatriz case provides a model of multi-level advocacy impacting national policies. Continued strategic pressure grounded in human rights has the potential to incrementally alleviate abortion restrictions and build regional norms affirming reproductive justice.

Conclusion

The IACHR’s unprecedented intervention in Beatriz v. El Salvador represented a landmark moment for the recognition and protection of reproductive rights in Latin America. The Commission’s provisional measures compelled El Salvador to provide Beatriz with life-saving abortion care despite the country’s complete legal prohibition. This established that international human rights law can override regressive domestic abortion restrictions when women’s lives and health are endangered.

The Beatriz case exposed the devastating impacts of abortion criminalization on disadvantaged women and reaffirmed states’ obligations to reform laws contravening women’s rights. It created momentum for liberalising restrictive abortion policies regionally and globally based on evolving human rights standards. The IACHR’s willingness to intervene against El Salvador’s ban set a vital precedent for international bodies to counteract domestic abortion restrictions on grounds of women’s dignity and wellbeing.

The case merits greater global attention and advocacy as a model for challenging other states’ restrictive abortion laws through domestic and international litigation grounded in human rights protections. With continued strategic pressure, the progress exemplified by the Beatriz case can lead to alleviating inhumane restrictions safe abortion worldwide. The evolution of international legal norms affirming reproductive rights over ideology or custom remains imperative for protecting women’s lives, health and human dignity.

References

Amnesty International. (2014). El Salvador: On the brink of death: Violence against women and the abortion ban in El Salvador. Amnesty International.

Constitution of the Republic of El Salvador. (1983). Article 1.

Human Rights Watch. (2023). El Salvador: Court Hears Case on Total Abortion Ban. Retrieved from https://www.hrw.org/news/2023/03/23/el-salvador-court-hears-case-total-abortion-ban on 31 October 2023.

IACHR Rules of Procedure. (2009). Article 25.

Inter-American Commission on Human Rights. (2013). PM 260/13 – Beatriz, El Salvador.

Penal Code of El Salvador. (1997). Articles 133-137.

Oct 19, 2024Oct 19, 2024 Article, Featured

Bringing Healthcare to the Margins through Reaching Other Vulnerable Populations (OVPs) in Kaberamaido, Soroti, Serere, Dokolo, Apac, and Amolatar Uganda

– Prepared by Jemimmah Adipa | CEHURD

In the quest for universal health coverage, addressing the distinct health needs of vulnerable and underserved populations remains essential. In Uganda, groups such as fisherfolk, truck drivers, and persons with disabilities (PWDs) face significant health challenges, particularly related to HIV, tuberculosis (TB), and malaria. These communities often experience barriers to accessing vital health services due to their mobility, geographical isolation, social stigma, and limited awareness.

Recognizing these challenges, CEHURD with support from The AIDS Support Organization (TASO-Ugnda), spearheaded a series of targeted hotspot mapping and community outreach initiatives across six districts—Kaberamaido, Soroti, Serere, Dokolo, Apac, and Amolatar. These efforts aimed to bring much-needed health services directly to these vulnerable populations.

A central element of the initiative was hotspot mapping, supported by local health facilities and community leaders. This strategy was crucial to ensuring that health services reached the right people at the right time. For mobile populations like fisherfolk and truck drivers, traditional, fixed-location health services often fall short of meeting their needs. By identifying high-risk areas—such as landing sites, truck stopovers, and PWD communities—the outreach teams could focus on the locations most in need. This data-driven, targeted approach helped maximize the impact of limited resources.

The outreach activities had a profound effect on the vulnerable populations in these districts. Hundreds of fisherfolk, truck drivers, PWDs, and others received integrated health services, including HIV testing, TB screening, malaria diagnosis, antenatal care (ANC), and health education. Those who tested positive for HIV were quickly linked to care, while individuals diagnosed with TB or malaria received immediate treatment or were referred to local health facilities. Additional services, such as family planning, immunizations, and STI screenings, were also integrated into the outreach depending on community needs and the availability of resources at health centers.

These outreach efforts not only improved health outcomes but also increased access to essential services and raised health awareness among these vulnerable communities. However, the long-term success of this initiative hinges on the sustainability of such efforts. Regular outreaches will be critical to ensuring that key populations—like fisherfolk, truck drivers, and PWDs—continue to receive the care they need.

Sustaining these efforts will require ongoing investment to ensure services remain responsive to the evolving needs of these communities. Effective collaboration between government health systems, local health facilities, and community-based organizations will be essential to streamlining service delivery and ensuring that resources are allocated efficiently and effectively.

One of the standout successes of these outreach initiatives was the integration of various health services using the test and treat approach, offering HIV, TB, malaria, family planning, antenatal care, sexual and reproductive health (SRH), and immunization as a single package. This holistic approach maximized service uptake, addressed multiple health needs simultaneously, and strengthened the relationship between communities and formal healthcare systems. This is a vital step toward reducing the burden of disease and achieving universal health coverage.

The writer is a Community Led Monitoring Officer in the Community Empowerment programme at CEHURD

Oct 19, 2024Oct 19, 2024 Article, Featured

A Triumph of Justice and Support in Kaliro District, Uganda

– Compiled by Johnson Komagum and Matthew Mwidu – CEHURD

Case file Reference Number: KLIRO059/07/2024. A 50-year-old woman and grandmother residing with her three young grandchildren in Buwologoma LCI, Nansololo Sub-County, Kaliro District. She separated from her husband’s family due to stigma and domestic violence.

In a compelling case of resilience and hope, the Center for Health, Human Rights and Development (CEHURD) Legal Aid Clinic, with support from The AIDS Support Organization (TASO-Uganda), has significantly transformed the life of a woman in distress who was previously marginalized and struggled to support her young grandchildren following her failure to access her inheritance from her late father’s estate.

This denial and violation of her rights was perpetrated by her uncle (a brother to her late father). Despite the fact that she had hope that her own brothers and family would support her, they discriminated and sidelined her causing her untold pain and distress. Her plight was further exacerbated by the lack of support from the local area leaders and law enforcement agencies, leaving her in a seemingly hopeless situation.

Upon turning to CEHURD for assistance, her case was met with empathy and determination. CEHURD’s Legal Aid Clinic conducted in July 2024 provided crucial support, helping her navigate the legal system and push for justice. After persistent efforts, including follow-ups with police and family elders, her late father’s estate was divided among his three children, ensuring that she received her rightful share. Despite this progress, her plight still continued upon discovering that part of her inheritance had been leased to a sugarcane farmer. CEHURD continued to support by advising her on eviction procedures and facilitating a resolution.

Additionally, CEHURD’s engagement extended to addressing her health concerns. The client, who is HIV positive, had previously hesitated to seek treatment due to stigma. With CEHURD’s intervention, she was connected with local health workers (Village Health Team members) for counseling and support, facilitating her access to necessary medical care. This case highlights not only the challenges faced by women in similar situations but also the profound impact of targeted legal and health support. CEHURD’s comprehensive approach not only restored her access to her late father’s estate but also ensured her health and well-being were addressed, marking a significant victory in her journey towards justice and social stability.

Oct 19, 2024Oct 19, 2024 Featured, News

Restoring Hope: How CEHURD’s paralegal Helped Cherotich Reclaim Her Land and Secure Her Family’s Future in Bukwo District, Uganda

– Compiled by Johnson Komagum and Matthew Mwidu – CEHURD

Case file Reference Number: Bukwo 048/06/2024. A 38-year-old widow living with HIV, residing with her four daughters in Riwo Sub-county, Bukwo District, was evicted from her one acre of land due to her HIV status and ridiculed for having only daughters. This left her devastated, helpless and burdened by stigma.

Cherotich Lilian, a 38-year-old widow living with HIV, faced immense hardships after her husband’s death. She had shared her marriage with her late husband and his other wife, with Cherotich allocated one acre of land and the other wife receiving two acres. After her husband’s death, clan members and relatives accused Cherotich of infecting him with HIV, leading to his death, and mocked her for having only daughters. As a result, they unlawfully took possession of her one acre of land, leaving Cherotich devastated and without a means to provide for herself and her four daughters.

With her land taken away, Cherotich struggled to care for her family. She started a small retail alcohol business to make ends meet, but it was not enough to sustain them. The emotional and financial strain became overwhelming, leaving her feeling isolated and powerless against the injustices inflicted by her husband’s family.

Upon hearing about the mobile legal aid camp organized by the Center for Health, Human Rights, and Development (CEHURD) with support from The AIDS Support Organization (TASO-Ugnda) in June 2024, Cherotich attended and received much-needed support. Understanding the gravity of her situation, the CEHURD team worked closely with her to engage local leaders, including the LC1, LC2 and LC3, to address her land dispute. A community paralegal, trained by CEHURD, tirelessly followed up on her case to ensure Cherotich would see justice. The paralegal also organized meetings with local leaders to support her, leading to three meetings between the leaders, clan members and the family who had wrongfully seized her land.

Following the persistent follow-up and negotiations led by the community paralegal, the clan leaders eventually agreed to return the one acre of land to Cherotich. This significant victory restored her hope and provided her with the land she needed to support her family. Cherotich is now back on her land, where she grows crops to ensure food security for her daughters. She continues to receive HIV treatment at Riwo Health Center III in Bukwo district, enabling her to maintain her health while supporting her family. CEHURD’s intervention not only resolved her land dispute but also empowered Cherotich with knowledge and ongoing support, fostering justice within her community.

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