Nicaragua Abortion Law
Puts Pregnant Cancer Victim At Risk
MANAGUA - Amnesty International has
called on the Nicaraguan authorities to
provide cancer treatment to a pregnant woman
that is currently being withheld because of
a law that bans abortion in all
circumstances.
Amalia (not her real name), 27, is 10 weeks
pregnant and was diagnosed, on 2 February,
with cancer which may have already spread to
her brain, lungs and breasts.
The Nicaraguan authorities are impeding
doctors from providing cancer treatment to
her while she is pregnant because medical
staff could face prosecution if they cause
harm to the fetus during her treatment, even
if the harm is caused unintentionally.
"It is shocking that Nicaragua would deny a
cancer patient potentially life saving
treatment because she is pregnant," said
Esther Major, Central America Researcher at
Amnesty International.
Amalia's situation reveals the impact of
this law and demonstrates the urgent need to
repeal this draconian ban which prevents the
delivery of timely care and impedes sound
medical judgment.
Each day is critical for Amalia's chances of
survival and the Nicaraguan authorities must
take immediate steps to provide her the full
range of health care appropriate to treat
her cancer.
Doctors treating Amalia have refused to use
radiotherapy and chemotherapy because they
fear prosecution.
Amalia is also the sole carer of her
10-year-old daughter. In December 2009
Amalia sought treatment in a local clinic
for breathing problems, fever, nausea and
fainting. She was referred to a hospital for
tests, where she has been hospitalized since
2 February. Her doctors said she required
urgent chemotherapy and radiotherapy
treatment but have not initiated any of
these treatments because of fear of
unintentional harm to the fetus.
"Nicaragua's ban of therapeutic abortions is
a human rights scandal that ridicules
medical science and turns the law into a
weapon against the provision of essential
medical care to pregnant women and girls,"
said Esther Major.
In 2006, prior to the ban on abortion
introduced, 21 Nicaraguan medical
associations from across the spectrum of
medical disciplines issued a joint public
statement against the proposed total ban on
abortion, with an explicit warning that
health professionals' ability to provide
health care and practice their profession
would be limited if the prohibition was
passed.
On 18 February Nicaraguan NGOs and the
largest professional gynaecological
association in Nicaragua asked the
Inter-American Commission on Human Rights to
request "special measures," which would
require the government to fulfill its legal
obligations to protect Amalia's right to
life and health and ensure she is
immediately provided with treatment which
could save, or at least prolong, her life.
â??Nicaragua's total ban on abortion is
unlawful and the Nicaraguan government has
also ignored the calls for the law
criminalizing abortion to be repealed by
four United Nations expert treaty bodies,
including the Committee Against Torture,"
said Esther Major
Two weeks ago 11 member states of the United
Nations called on Nicaragua to amend its
laws on abortion, due to the rise in
maternal deaths and rape victims who are
being compelled to carry pregnancies to term
since the laws' introduction.
"A legal challenge to the constitutional
basis for the law has also been before the
constitutional section of the Supreme Court
for over year" said Esther Major. "Amnesty
International is appalled at the Nicaraguan
government's refusal to respond to the pleas
to change this cruel law." |
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