abortion in Sinaloa last Thursday, November 29, a minor joined the Red Cross in Culiacan, Sinaloa. The teenager had been feeling sharp pains in belly and his brothers took her to the Emergency Center. There they told them that perhaps she was pregnant and with a threat of abortion.
The child had gone to spend a few days at his hometown in Oaxaca, where she was a rape victim. It had not said it to anyone. Just awhile before going to emergency had told him was his brother. The red cross them reported probable pregnancy and channeled it to the General Hospital. Confirmed you there had 16 weeks of pregnancy, threatened abortion and infection in the urinary tract, so it moved to the Hospital of the woman from Culiacan.
In this institution, the minor informed staff of the violation and requested the Legal termination of pregnancy (ILE) as it is their right, according to the Norma Oficial Mexicana NOM-046. This stipulates that a woman victim of sexual assault has the option of recourse to that procedure. In the case of the minors, older than 12 years, just that they themselves request it. They do not need or consent of their parents or a guardian. And it is not necessary that they stand a complaint, just his saying in good faith.
But the women’s Hospital they did not proceed to give the ILE, said Verónica Cruz, a lawyer and Director of the Centre for human rights and female Las free of Guanajuato, who is accompanying the case of a minor. «Instead they provided him drugs to prevent the miscarriage».
The next day, Friday, November 30, was presented at the hospital, tells the lawyer, Antonia Cota, of the Agency of the pubic Ministry specializing in violence against women. Unless there is a present family nor his lawyer, Cota took the Declaration of a minor, who «said that was what he was asking very delicate, that he thought it well because it was a crime and they could then get her to jail as soon as he reached the age of 18» denounces the lawyer.
The family of the teenager sought the support of the collective not is mess with our daughters, of Culiacan, which cross just give them a training for the accompaniment of women victims of rape. «They called me on Saturday and say, there is a case just as you described us, what we do.»
The collective came Monday, December 3 with Jesus Alfredo Logan Ureta, Chief of forensic medicine of the women’s Hospital for the procedure, but it denied them arguing, says cross, «which in that hospital not contained the 046 NOM, or human rights «, or international treaties, only the recent reform of the Constitution of the State of Sinaloa to protect life from the moment of conception».
Sinaloa is the number 19 in making this amendment, after other 18 States did it, in what has catalogued by collective feminists and defence of human rights as a response to the NOM-046, to prevent women victims of rape Access Legal termination of pregnancy.
On 28 September, the last day of the previous term, the LXIV, of the Congress of the State of Sinaloa, with most bread, was approved this reform to the State Constitution. Today Thursday, Aguascalientes will present to the plenary the initiative to do the same. And in Nuevo Leon is next to be discussed.
He’s a minor in Sinaloa, says Cruz «is a case very clear, it is symbolic of how States constitutions are reformed to try to prevent that it applies the 046 NOM, even legal hospital physician taught us about trades where months earlier because they had been authorized to» «bortos legal and just told us: but not anymore, because now the Constitution says that we have to protect life from conception».
The lawyer realized that although they explained that this NOM is federal order and its enforcement is based on the principle pro person, established in the constitutional reform of human rights of the 2011, which pointed out that the authority must apply to a person the law that protects it more, the hospital not agreed to carry out the ILE.
«It seems that, indeed, they have proceeded to reforming constitutions of States not only to prevent abortion being legal, but for shielding for the causes that are already recognized in law and continuing to deny the termination of pregnancy,» says Cruz.
That Monday, December 3, at night, received the activists, the Secretary of health of Sinaloa, Efren Oaks towers, Manager of the Ministry of health, Assistant Secretary and director of the women’s Hospital to tell them they were going to review the case and req itaran in writing the procedure.
To supposedly Act, the director of the Hospital of the woman of Sinaloa, Oscar Garzón López, demanded a trade where settling that there was already a complaint and that the 046 NOM should apply, «that is not necessary, but we accept to speed things up», features the lawyer.
They then went to the Prosecutor specializing in sex crimes of Culiacan to request that I was issued a precautionary measure so that the hospital appropriate. «Marlene Medina López, head of the unit specializing in violence against women, family, and groups in State of vulnerability, said she could not give him orders to the Hospital, which in addition to agreement with the recent reform to the local Constitution that is» «he was asking was to kill a life».
Cruz, who by then had already moved to Sinaloa to attend personally in the case, Wednesday 5 December attended the State Human Rights Commission, where the visiting Deputy, Cynthia del Rincon Castro, assure you that in Sinaloa does not apply the NOM 046 or human rights.
«As we started to protest, it left the general visitor, Miguel Angel Calderon, he told us that we would support, I was going to talk to the authorities. We then obtained the office and the hospital agreed to the procedure, but they agreed to enter the girl until last December 10 and then the director told us that day, Monday, there was no no no conscientious objector physician awareness that abortion could be performed.»
He had to wait until Tuesday, but who arose was the subprocuradora for the defense of the minor and the family of the State system of the DIF, Liliana Pimentel, «saying that she was the Royal tutor of the minor, which would not allow the abortion and who already had a family to the ad option».
He was last after that and that the nurses were saying it not an abortion because that would be a bad mother, the family and activists took the child from the hospital, just two days ago, on Tuesday, and was transferred to the CDMX for which appropriate the ILE.
That makes clear, says cross, as we already knew, that only if you have an accompaniment of this kind or money to travel on their own, to the CDMX, is that girls rape victims can access their right to the ILE, «otherwise they are obliged to continue with the management under pressure and the threat of all the authorities which had to support them».