Using Domestic Impact Litigation to Prevent Women’s Criminalization for Obstetric Emergencies​

In January 2021, Honduran lawmakers changed the Constitution to completely prohibit abortions under any circumstance.

THE NEED:

Honduras has one of the most restrictive abortion laws in the world. While there is little chance that these laws can be overturned in the near future, our strategy could prevent the majority of women from getting prosecuted for these crimes.

OUR APPROACH:

In 2020, we legally assisted seven women who had been criminalized for abortion through direct litigation, providing legal advice to their private counsel, and/or producing evidence or expert testimony. Optio also provided victims with economic and psychological support. So far, two out of the seven women were absolved of the abortion charges, and one of these judgements concluded that the judicial system violated due process.

IMPACT:

If our strategy succeeds, we will prevent women from being prosecuted for abortion in situations where there is an obstetric emergency or when a women needs to interrupt a pregnancy for health reasons.