A young Salvadoran woman who says she gave birth to a stillborn child at home returned to court on Monday to face allegations that she aborted the baby, which is illegal in El Salvador.

Evelyn Hernandez has already served 33 months of a 30-year aggravated murder sentence, however, the Supreme Court in February annulled the ruling and ordered a retrial.

Having an abortion can carry hefty jail sentences in El Salvador, where women who suffer pregnancy complications and miscarriages are often accused of killing their unborn child.

Read more: UN blasts heavy prison sentence for 'poor' woman in anti-abortion case

The case so far

Hernandez says she gave birth to a stillborn in an outhouse toilet in April 2016, when she was 18 years old.

Prosecutors claim the baby's death was the result of an abortion.

Forensic examiners could not determine whether the fetus died in the womb or in the toilet's septic tank.

Hernandez, who comes from a poor rural community, says she was raped and did not know she was pregnant.

She was jailed in 2017 for aggravated murder, but the case was overturned in February this year.

'I am innocent'

Speaking to reporters outside the court on Monday, Hernandez said: "I want justice to be done. I know everything is going to be OK. My faith lies with God and my lawyers."

She added that she hopes for "good things, unlike what happened before, and I am innocent."

"What Evelyn is living is the nightmare of many women in El Salvador," said her lawyer, Elizabeth Deras.

The trial has been adjourned until July 26.

Read more: Opinion: Strict US anti-abortion laws harm women

Tough abortion laws

Catholic-majority El Salvador has some of the toughest abortion laws in the world. Abortions are banned, even in cases of rape and incest, or when the mother's life is in danger.

Watch video 06:49 Share Miscarriages of justice Send Facebook google+ Whatsapp Tumblr linkedin stumble Digg reddit Newsvine Permalink https://p.dw.com/p/1Ece6 El Salvador: Miscarriages of justice

Recent opinion polls show that although many Salvadorans support allowing medical interventions when a fetus is not viable or the mother's life is at risk, many believe rape victims should still carry out their pregnancies.

The termination of a pregnancy in the Central American country carries a jail term of up to eight years, but women can also face 30-60 years in prison if charged with aggravated homicide as a result of an abortion or miscarriage.

According to the Citizen Group for the Decriminalization of Abortion, more than 20 women are currently behind bars in El Salvador after suffering miscarriages, pregnancy complications or stillbirths.

Read more: German doctors convicted over abortion law

Women's rights campaigners are hoping the new government of President Nayib Bukele will implement abortion reforms. Bukele, who took office in June, has previously said that he's "completely against" criminalizing women who have miscarriages. However, he has not spoken publicly about the Hernandez case.

"This case will be the first case to be tried since the new president came to power," said Paula Avila-Guillen, director for Latin America initiatives at the US-based Women's Equality Center.

Every year in El Salvador, about 25,000 women get pregnant as a result of a rape. It's estimated that thousands of these women resort to clandestine abortions.

Latin America shows support for Argentina's law liberalizing abortion Mexico: Green for liberalization Many women in Mexico wore green, a color associated with the pro-choice movement, to show support for the Argentine liberalization law. Abortion was legalized within the first 12 weeks of pregnancy in Mexico City in 2007. Pro-choice activists nevertheless continue to push for improved services and an extension of the 12 week window in the capital.

Latin America shows support for Argentina's law liberalizing abortion Mexico: The national struggle Many Mexican supporters of Argentina's liberalization law have been advocating decriminalization in states outside of Mexico City, one of the few Mexican states to have liberalized abortion rules. Many other states only permit abortions to save the woman's life, in cases of rape, or incest. A 2001 study found an abortion occurrence rate of about 16 per cent between women aged 15 to 55.

Latin America shows support for Argentina's law liberalizing abortion Ecuador: Women chant for Argentina Women in Ecuador also showed solidarity with Argentine pro-abortion activists. Abortion in Ecuador is only legal when there is a risk posed to the pregnant woman's life, or in pregnancies resulting from the rape of a woman with a mental disability. Women or girls who fall pregnant under other circumstances cannot access abortions and can serve time in prison if they do.

Latin America shows support for Argentina's law liberalizing abortion Brazil: Protests in Argentina's largest neighbor Demonstrations also broke out in South America's largest country. Abortion is illegal in Brazil, except for cases of rape, when there is a health risk posed to the pregnant woman, and when the fetus has a fatal congenital brain disorder. Women and girls who access abortion under other circumstances can be sentenced to up to three years in prison.

Latin America shows support for Argentina's law liberalizing abortion Brazil: Handmaidens fighting for liberalization Like Argentina, activists in Brazil are pushing to loosen abortion restrictions. An ongoing supreme court case in Brazil is pushing to decriminalize abortion up until the 12th week of pregnancy. Protests also took place outside of the Brazilian supreme court last Friday, where demonstrators dressed in red robes similar to those worn by the cast of dystopian TV series "The Handmaid's Tale."

Latin America shows support for Argentina's law liberalizing abortion Uruguay: Hope for Argentina to follow its lead Some demonstrators in Uruguay wore green glitter in support of the Argentine law. Abortion was legalized in Uruguay during the first 12 weeks of pregnancy in 2012. In cases of rape, it is legal until the 14th week of pregnancy. In a controversial court case in 2017, a judge ruled that a 24-year-old woman could not have an abortion without her ex-partner's consent.



nm/ng (EFE, AFP, Reuters, AP)

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