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Abstract

This Note examines the evolution of El Salvador’s existing penal code, specifically focusing on the abortion legislation. Further, it examines the significance of The Case of Beatriz and it suggests reform for El Salvador’s government to include exceptions in their penal code, similar to exceptions available in the United States, to provide women with access to safe abortions in extreme circumstances. Part II will illustrate the struggle that women face in El Salvador. Part III will briefly explore the historical background of the current Penal Code, exclusively the abortion ban. Part IV will also discuss women’s rights violated by the abortion ban, at both national and international levels. Part V will focus on The Case of Beatriz, the Inter-American Court of Human Rights resolution, and their particular significance in this controversy. Finally, Part VI will introduce a suggestive method of reform to the existing abortion ban in El Salvador by briefly delving into the United States’ idea of a justifiable abortion.