El Salvador

El Salvador, officially the Republic of El Salvador, is the smallest and the most densely populated country in Central America. Recent reforms prompted by the assumption of the presidency of President Bukele and the supermajority of his Nuevas Ideas government have sparked concern among the international community that the political landscape is moving back towards authoritarianism less than 30 years after emerging from dictatorship.[ref]https://www.reuters.com/world/americas/el-salvador-present-constitutional-reform-plan-this-weekend-2021-08-26/; https://www.hrw.org/news/2021/09/02/el-salvador-new-laws-threaten-judicial-independence; https://sv.usembassy.gov/salvadoran-re-election-ruling-undermines-democracy/; https://www.opendemocracy.net/en/democraciaabierta/autocracy-el-salvador/ [/ref]

According to a 2021 pre-election survey conducted by University of Central America’s Institute of Public Opinion (Instituto Universitario de Opinión Pública (Idupop) Universidad Centroamericana José Simeón Cañas), 19.8% of the population are atheist or hold no religious beliefs, 43.3% are Catholic, 33.9% are evangelical Protestant.[ref]https://uca.edu.sv/iudop/wp-content/uploads/PREELECTORAL-2021-NACIONAL.pdf​[/ref] A further 3% belong to other religious groups, such as Jehovah’s Witnesses, Mormons, Muslims, Baha’is, Jews, Buddhists, and the International Society of Krishna Consciousness. A small segment of the population adheres to indigenous religious beliefs, with some mixing of these beliefs with Christianity and Islam.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador/#:~:text=EXECUTIVE%20SUMMARY-,EXECUTIVE%20SUMMARY,prohibits%20discrimination%20based%20on%20religion.​[/ref] Reports indicate that the historical dominance of the Catholic Church is diminishing as followers of Protestantism rise.[ref]https://www.laprensagrafica.com/lpgdatos/Hay-mas-evangelicos-que-catolicos-en-El-Salvador-20171031-0067.html​[/ref]

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
There is systematic religious privilege
State-funding of religious institutions or salaries, or discriminatory tax exemptions
Official symbolic deference to religion
Some concerns about political or media freedoms, not specific to the non-religious
No formal discrimination in education
Constitution and government
There is systematic religious privilege
State-funding of religious institutions or salaries, or discriminatory tax exemptions
Official symbolic deference to religion
Education and children’s rights
No formal discrimination in education
Family, community, society, religious courts and tribunals
The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
Freedom of expression advocacy of humanist values
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Some concerns about political or media freedoms, not specific to the non-religious
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
Free and Equal
More information about rating table

Constitution and government

The Constitution[ref]https://www.asamblea.gob.sv/sites/default/files/documents/decretos/171117_072857074_archivo_documento_legislativo.pdf (in Spanish); https://www.constituteproject.org/constitution/El_Salvador_2014.pdf?lang=en (in English)[/ref] and other laws and policies guarantee freedom of religion or belief, as well as freedom of expression, freedom of assembly, and freedom of association.

The Constitution states that all persons are equal before the law and prohibits discrimination based on nationality, race, gender, or religion.

The Constitution states members of the clergy may not occupy the positions of President, cabinet ministers, vice ministers, Supreme Court justices, judges, governors, attorney general, public defender, and other senior government positions. Members of the clergy may not belong to political parties.

Children’s right to the freedoms of thought, conscience and religion are protected under Article 98 of the Law for the Protection of Childhood and Adolescence (Ley de Protección Integral de la niñez y adolescencia – LEPINA).[ref]https://www.ilo.org/dyn/travail/docs/1743/ley_ninez_el_salvador.pdf[/ref]

Official symbolic deference to religion

The concept of a deity is present in national symbols, including the preamble to the constitution, and the State’s motto “God, Union, Freedom”. The second Sunday of December is designated as the National Day of the Bible.[ref]https://www.asamblea.gob.sv/sites/default/files/documents/decretos/171117_073336436_archivo_documento_legislativo.pdf; https://historico.elsalvador.com/historico/551547/diciembre-el-mes-de-la-biblia-2.html[/ref] The 23rd November is observed as the National Day of Prayer.[ref]https://www.asamblea.gob.sv/decretos/details/1528[/ref]

In May 2020, President Nayib Bukele[ref]https://apnews.com/article/caribbean-el-salvador-health-coronavirus-pandemic-1fb762ee9f10c14c995e57f9a804f410[/ref] used his powers of presidential decree to declare the 24 May a national day of prayer, for those who wished to observe it, stating,[ref]https://www.bibliatodo.com/NoticiasCristianas/presidente-nayib-bukele-declara-el-24-de-mayo-dia-nacional-de-oracion-en-el-salvador/[/ref] “God will heal our land and allow us to defeat the pandemic which is affecting the world at large.”

Since assuming the presidency in 2019, Bukele has encouraged prayer in several messages. In August 2020, Bukele once again used his powers of presidential decree to designate 10 August as a national day of prayer stating, “[a]lthough there is never a bad moment for prayer, this decree is an effort for all Salvadoreans, should we wish to, to join together in prayer at the same time and with the same request: that God heals our earth.”[ref]https://diariolahuella.com/nayib-bukele-decreta-la-fecha-del-10-de-agosto-como-dia-nacional-de-oracion/[/ref] Months later in November, as storm Iota loomed on the horizon, Bukele declared another voluntary day of national prayer, seeking protection.[ref]https://www.prensalibre.com/internacional/unamonos-en-oracion-bukele-decreta-dia-nacional-de-oracion-en-el-salvador-ante-la-tormenta-iota/[/ref]

The erosion of secularism?

In July 2021, the legislative assembly passed an amendment to the Law on Patriotic Symbols[ref]https://www.asamblea.gob.sv/sites/default/files/documents/decretos/171117_072904667_archivo_documento_legislativo.pdf[/ref] to include the phrase “Placing our faith in God” (“Puesta Nuestra Fe en Dios”). The amendment ensures that the phrase may now be placed on the walls of State buildings and rooms.[ref]https://www.laprensagrafica.com/elsalvador/Diputados-aprueban-que-frase-Puesta-nuestra-fe-en-Dios-sea-incluida-como-simbolo-patrio–20210721-0015.html[/ref]

In response to criticism, a minister reportedly explained that “[t]he presence of God is something personal, there is no intention of forcing anyone to believe because we live in a free country [..] It is to leave a mark among the deputies who now represent this legislature.”

Religious privileges and exemptions

The Constitution grants special and official recognition to the Catholic Church and exempts it from governmental financial oversight (Article 26).[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador[/ref]

Under the Constitution all religious groups – other than the Catholic Church – may apply for official recognition. The law grants tax-exempt status to all officially recognized religious groups. Regulations also make donations to officially recognized religious groups tax-deductible. The same advantage is not extended to comparable non-religious groups.

By law, the Ministry of Governance has authority to register, regulate, and oversee the finances of nongovernmental organizations (NGOs), non-Catholic churches, and other religious groups.

In February 2021, it was reported that the government would discuss a motion to amend the Constitution to afford the Evangelical Protestant Church the same recognition as that of the Catholic Church.[ref]https://www.elsalvador.com/recomendados/jose-andres-hernandez-diputado-arena-propuestas-reforma-constitucional/802952/2021/[/ref] No other religion or belief groups are thought to be under consideration at this time.

Education and children’s rights

Public education is secular and there is no religious education component. Private religious schools operate freely without government support or funding. Schools may not discriminate admissions on the basis of religion (Article 58 of the Constitution). Under Article 98 of LEPINA, children who attend private religious schools should respect the practices and teachings of the religious group running the school.[ref]https://escuela.fgr.gob.sv/wp-content/uploads/Leyes/Leyes-2/LEY-DE-PROTECCION-INTEGRAL-DE-LA-NI%C3%91EZ-Y-ADOLESCENCIA.pdf (in Spanish)[/ref]

All private schools, whether religious or secular, must meet the same standards to obtain Ministry of Education approval.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador[/ref]

Repeated calls by legislators to require the reading of the Bible in schools have consistently been rebuffed, most recently in 2019.[ref]https://historico.elsalvador.com/historico/659897/nuestro-estado-es-laico.html; https://www.laprensagrafica.com/elsalvador/Proponen-nuevamente-lectura-de-La-Biblia-en-centros-educativos-20160115-0078.html; https://lapagina.com.sv/nacionales/proponen-lectura-de-la-biblia-en-centros-educativos-del-pais/; https://acento.com.do/actualidad/diputados-divididos-ley-impondria-lectura-la-biblia-escuelas-reenvian-proyecto-comision-8615389.html[/ref] A new proposal is expected to be put forward later this year.[ref]https://www.laprensagrafica.com/elsalvador/Diputados-aprueban-que-frase-Puesta-nuestra-fe-en-Dios-sea-incluida-como-simbolo-patrio–20210721-0015.html[/ref]

Child exploitation

According to Freedom House,[ref]https://freedomhouse.org/country/el-salvador/freedom-world/2021[/ref]

“Children are vulnerable to economic exploitation, and child labor is a serious problem. Children perform dangerous jobs in agriculture and are recruited by gangs and other criminal elements to carry out illegal activities. While the government has made improvements in collecting and publishing data on these issues, and continues to implement a National Policy for the Protection of Children and Adolescents, progress in combating child exploitation remains slow.”

Children are also forced to join local gangs.[ref]https://www.hrw.org/world-report/2021/country-chapters/el-salvador[/ref]

Family, community and society

A legacy of impunity

El Salvador underwent a 12-year civil war between 1980-1992, fought between the military-led government and left-wing guerillas. The war resulted in the deaths or disappearances of at least 75,000 citizens,[ref]https://www.jstor.org/stable/pdf/26850667.pdf[/ref] and came to an end following the 1992 Peace Accords and the negotiation of a revised Constitution. Members of the Catholic Church, including Archbishop Romero were prominent campaigners against human rights abuses during this time. Several members of the clergy were targets for assassination during this time.[ref]https://cafod.org.uk/News/International-news/Oscar-Romero-life-timeline; https://www.newyorker.com/news/daily-comment/archbishop-oscar-romero-becomes-a-saint-but-his-death-still-haunts-el-salvador; https://www.usip.org/sites/default/files/file/ElSalvador-Report.pdf[/ref] The quest for justice for all those affected remains ongoing.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador; https://theconversation.com/el-salvadors-facade-of-democracy-crumbles-as-president-purges-his-political-opponents-161781; https://www.hrw.org/world-report/2021/country-chapters/el-salvador[/ref]

According to Human Rights Watch’s 2021 World Report, the police committed 116 extrajudicial killings between 2014 and 2018. There have been convictions in only two of these cases. Despite this, and in violation of the nation’s 1992 Peace Accords, President Bukele uses the military in public security operations, and has sanctioned the use of lethal force to crack down on crime.[ref]https://www.hrw.org/world-report/2021/country-chapters/el-salvador[/ref]

Approximately 60,000 gang members operate in El Salvador, who are known to have collaborated with security and elected officials in criminal operations and during electoral campaigns.[ref]https://www.hrw.org/world-report/2021/country-chapters/el-salvador[/ref]

Religious groups delivering rehabilitation programs for gang members

Gang violence is a national epidemic. The State reportedly works with religious organizations to implement rehabilitation and reinsertion programs for those convicted of involvement in gangs – a crime designated a terrorism offence.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador[/ref] According to the US State Department,

“former gang members who joined evangelical Protestant churches gained both gang respect and endorsement, because religious devotion was a way out of gang membership from which there was otherwise no exit. According to law enforcement representatives, gang membership was previously understood to be a lifelong commitment; however, through religious devotion and the structure, acceptance, and support of a church, some gang leaders appeared to have respected the decision of some members to leave the gang. In these cases, gang leaders reportedly monitored the former gang members to ensure they were routinely attending church services.”

Members of religious groups can be casualties of gang warfare, intimidation and extortion, however, it is not clear that they are targeted specifically for their religious beliefs.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador[/ref]

Religion’s place in society

According to the Observatory of Religious Freedom in Latin America (Observatorio de Libertad Religiosa en América Latina), religious groups have a pervasive influence in the public sphere, stating:[ref]https://olire.org/es/monitorear/informes-del-pais/el-salvador/[/ref]

“Given the strong influence of religious leaders and groups in the public sphere, some have indicated that there is no true separation between religion and the State, and that, on the contrary, El Salvador is one of the most conservative countries in Latin America. It is an issue constantly criticized and questioned by ideological or radical secular pressure groups.”

The preferential treatment of conservative religious values is often blamed for the discrimination faced by women and minority groups.[ref]https://olire.org/es/monitorear/informes-del-pais/el-salvador/[/ref] Indeed, some groups argue that public policies are often defined by conservative religious norms.[ref]https://www.laprensagrafica.com/opinion/De-Dios-Union-Libertad-a-Laicidad-Cooperacion-y-Justicia-Social-20200905-0105.html[/ref]

Sexual and reproductive health and rights

According to El Faro newspaper, at least 16 women and girls are victims of some form of sexual assault in El Salvador each day.[ref]https://elfaro.net/es/202107/columnas/25601/El-Salvador-criminaliza-a-sus-desaparecidas.htm[/ref]

El Salvador maintains a total ban on abortion (Articles 133-137 of the Penal Code[ref]https://www.asamblea.gob.sv/sites/default/files/documents/decretos/C0AB56F8-AF37-4F25-AD90-08AE401C0BA7.pdf[/ref]). The ban was enacted in 1997 following lobbying by conservative religious groups – including evangelical and pentecostal Christians – who continue to protest any loosening of the restrictions that have been proposed in the legislative assembly.[ref]https://www.opendemocracy.net/en/5050/el-salvador-evangelicals-reproductive-rights/; https://www.catholicnewsagency.com/news/248256/un-accused-of-lies-manipulation-in-effort-to-legalize-abortion-in-el-salvador[/ref] In May 2021, the government’s Commission for Women and Gender Equality rejected a proposal to amend the country’s abortion law to make it legal in three circumstances: rape, life of the pregnant woman, or when there were malformations of the fetus that determined non-viability outside the womb.[ref]https://ladiaria.com.uy/feminismos/articulo/2021/5/el-salvador-archivo-proyecto-de-ley-de-identidad-de-genero-para-personas-trans/[/ref]

According to the Salvadoran NGO Citizens’ Group for Decriminalizing Abortion, 181 women in the country were charged with abortion or aggravated homicide in relation to a dead fetus between 2000 and 2019.[ref]https://agrupacionciudadana.org/download/del-hospital-a-la-carcel-tercera-edicion/?wpdmdl=13171&refresh=6070e0164a47f1618010134[/ref] More recent statistics produced by Amnesty International indicate that at least 18 women remained in jail on charges related to obstetric emergencies by June 2020.[ref]https://www.amnesty.org/en/location/americas/central-america-and-the-caribbean/el-salvador/report-el-salvador/[/ref]

Penalties for women seeking abortions range from two to 50 years in prison. Women thought to have had an abortion may be convicted of the crime of “abortion” in the first 20 weeks of pregnancy; in cases where pregnancies are further along, women may be charged with manslaughter, homicide (Article 128 of the Penal Code), or aggravated homicide (Article 129 of the Penal Code).[ref]https://www.latimes.com/world-nation/story/2021-04-17/el-salvador-abortion-ban-international-court[/ref] This is even the case where women have suffered complications during their pregnancy which have resulted in the miscarriage or stillbirth, but where others suspect that the pregnancy was aborted.[ref]https://colectivafeminista.org.sv/2021/03/09/corte-idh-determinara-responsabilidad-internacional-de-el-salvador-por-encarcelar-a-mujeres-que-sufren-complicaciones-de-sus-embarazos/; https://theconversation.com/the-unspeakable-cruelty-of-el-salvadors-abortion-laws-94004; https://www.opendemocracy.net/en/5050/el-salvador-evangelicals-reproductive-rights/[/ref]

Girls as young as nine years old have been denied therapeutic abortions. Three of every eight maternal deaths in El Salvador are reportedly the result of teen suicide.[ref]https://theconversation.com/the-unspeakable-cruelty-of-el-salvadors-abortion-laws-94004[/ref] According to Freedom House,[ref]https://freedomhouse.org/country/el-salvador/freedom-world/2021[/ref]

“Female students with children often leave school, sometimes under pressure from their principals. Gender-based violence, including domestic violence, sexual violence, and femicide, is also common. An April 2019 report by the Organization of Salvadoran Women for Peace (ORMUSA) indicated that the majority of sexual-assault survivors were girls between the ages of 12 and 17.”

Medical professionals performing them face up to 12 years in prison and the loss of their licence to practise medicine. The ban means that women who suffer complications during pregnancy die as abortion is not an option.[ref]https://www.patheos.com/blogs/freethoughtnow/el-salvadors-cruel-anti-abortion-ban-a-harbinger-for-us/[/ref] Doctors are also faced with social pressure to report suspected abortion attempts.

The Inter-American Court of Human Rights (IACrtHR) is currently reviewing the case of “Manuela” a woman sentenced to 30 years in prison following a miscarriage. The court could compel the government of El Salvador to amend its legislation.[ref]https://www.latimes.com/world-nation/story/2021-04-17/el-salvador-abortion-ban-international-court; https://colectivafeminista.org.sv/2021/03/10/el-caso-de-manuela-es-el-primer-caso-de-emergencias-obstetricas-que-recibe-la-corte-idh/; https://theconversation.com/el-salvadors-abortion-ban-jails-women-for-miscarriages-and-stillbirths-now-one-womans-family-seeks-international-justice-156484[/ref]

Disappearance of women and girls

According to media reports, at least 102 women and girls aged between four and 42 years old have been reported missing in 2021.[ref]https://www.efe.com/efe/america/sociedad/salvadorenas-exigen-a-las-autoridades-investigar-desapariciones-de-mujeres/20000013-4618786[/ref] Campaign groups indicate that the form of their disappearance has distinctive characteristics linked to other forms of gender-based violence in the country that distinguish it from male disappearances in the country.[ref]https://www.efe.com/efe/america/sociedad/salvadorenas-exigen-a-las-autoridades-investigar-desapariciones-de-mujeres/20000013-4618786; https://www.fespad.org.sv/comunicado-desaparicion-de-personas-durante-el-conflicto-armado-y-las-desapariciones-actuales-en-el-salvador/[/ref]

LGBTI+ rights

Members of the LGBTI+ community face pervasive discrimination and are the target of hate crimes, including by state security agents.[ref]https://www.dw.com/es/el-salvador-matan-a-briyit-alas-primer-asesinato-a-una-mujer-trans-en-2020/a-52056077; https://freedomhouse.org/country/el-salvador/freedom-world/2021[/ref] Same-sex marriage is illegal.

In May 2021, the government’s Commission for Women and Gender Equality rejected a draft bill that sought to expand the rights of transgender people – the Gender Identity Bill[ref]https://www.asamblea.gob.sv/sites/default/files/documents/correspondencia/C28A646B-453C-48EB-A98F-55E1F6E47C6B.pdf[/ref] – on the basis that it was “obsolete”. Among other things, the bill proposed the recognition of the change of name and registration sex in identity documents.[ref]https://colectivafeminista.org.sv/2021/05/29/por-la-salud-y-vida-de-las-mujeres-y-las-ninas-28-de-mayo-2021/; https://ladiaria.com.uy/feminismos/articulo/2021/5/el-salvador-archivo-proyecto-de-ley-de-identidad-de-genero-para-personas-trans/; https://www.dw.com/es/el-salvador-rechazan-decisi%C3%B3n-parlamentaria-de-archivar-ley-de-g%C3%A9nero/a-57538391[/ref] The lack of a Gender Identity Law hinders their access to rights such as education, healthcare, employment, among others. In August 2021, a coalition of NGOs put forward a revised draft of the Gender Identity Bill for the consideration of the Legislative Assembly.[ref]https://www.swissinfo.ch/spa/el-salvador-homosexuales_ong-presentan-al-congreso-salvadore%C3%B1o-proyecto-de-ley-de-identidad-de-g%C3%A9nero/46884380; https://www.swissinfo.ch/spa/el-salvador-homosexuales_ong-presentan-al-congreso-salvadore%C3%B1o-proyecto-de-ley-de-identidad-de-g%C3%A9nero/46884380[/ref]

Members of the LGBTI+ community face barriers and discrimination in exercising their right to vote.[ref]https://globalvoices.org/2021/02/24/transgender-people-in-el-salvador-are-defending-their-right-to-vote/[/ref] Polling station staff, who are responsible for the electoral process, have reportedly refused transgender people access to voting stations as a result of pervasive conservative religious values. Polling station staff have been heard saying to their colleagues things such as, “God hates homosexuals,” according to Global Voices.[ref]https://globalvoices.org/2021/02/24/transgender-people-in-el-salvador-are-defending-their-right-to-vote/[/ref]

According to the Electoral Code[ref]https://www.tse.gob.sv/documentos/normativa-electoral/Codigo-Electoral-2020-04-30.pdf[/ref] and the Penal Code, a person’s gender identity is neither a requirement or reason to prevent someone from voting.

Freedom of expression, advocacy of humanist values

The Constitution guarantees freedom of expression and media freedom, however, these rights have been increasingly undermined in practice.[ref]https://monitor.civicus.org/updates/2021/04/28/experts-underscore-steep-decline-freedom-expression-el-salvador/[/ref]

Attacks on the media

Journalists covering organized crime or who report on gang activities, including alleged connections between gangs, politicians and business leaders, face threats and violent reprisals, leading many journalists to engage in self-censorship.[ref]https://freedomhouse.org/country/el-salvador/freedom-world/2021[/ref]

Members of the press are also the victims of smear campaigns on social media and subjected to criminal investigations in order to silence them.[ref]https://english.elpais.com/usa/2021-03-02/profile-nayib-bukele-and-absolute-power.html; https://monitor.civicus.org/updates/2020/11/23/el-salvadors-government-attempts-discredit-independent-press/[/ref] In January 2021, the Inter-American Commission on Human Rights ordered El Salvador’s government to take steps to protect 34 staff members of independent online media outlet El Faro and allow them to carry out their journalistic work after they were subjected to harassment and a government audit.[ref]https://apnews.com/article/caribbean-el-salvador-health-coronavirus-pandemic-1fb762ee9f10c14c995e57f9a804f410[/ref]

Additionally, recent legislation has made it more expensive to import newsprint,[ref]https://latamjournalismreview.org/es/news/periodicos-impresos-pagaran-impuestos-en-el-salvador/[/ref] adversely affecting the country’s traditional newspapers, which have been known to be critical of President Bukele’s administration.[ref]https://apnews.com/article/caribbean-el-salvador-health-coronavirus-pandemic-1fb762ee9f10c14c995e57f9a804f410[/ref]

De facto blasphemy law

Article 296 of the Penal Code (‘Attacks against freedom of religion’) imposes criminal sentences of six months to two years on those who publicly offend or insult the religious beliefs of others, or damage or destroy religious objects. If such acts are carried out with and for the purpose of publicity, sentences increase to one to three years in prison. Repeat offenders face prison sentences of three to eight years.[ref]https://end-blasphemy-laws.org/countries/americas/el-salvador/[/ref]

The State has not prosecuted anyone for religious insult in recent years, however, one prosecution dating back to 2018 remains under investigation.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/el-salvador[/ref]

Other articles of the penal code relating to insult and defamation make it plain that insult to religious feelings is not punishable under those articles.

Attacks on human rights defenders

El Salvador’s President Bukele has reportedly vilified civil society groups, including journalists and human rights groups. According to Amnesty International, in June 2020 human rights organizations reported that, following the introduction of the measures to tackle COVID-19, attacks on local organizations and women human rights defenders increased significantly, particularly through digital media. Organizations also reported an increase in government statements that put human rights defenders at risk.[ref]https://www.amnesty.org/en/location/americas/central-america-and-the-caribbean/el-salvador/report-el-salvador/; https://www.amnesty.org/en/documents/amr29/2560/2020/es/; https://monitor.civicus.org/updates/2021/08/18/el-salvador-attacks-journalists-and-civil-society/[/ref]

On 19 May 2021, the Commission of Justice and Human Rights of the Legislative Assembly decided to shelve the proposed “Law for the recognition and comprehensive protection of human rights defenders” for discussion by lawmakers.[ref]https://monitor.civicus.org/updates/2021/07/08/democratic-backslide-el-salvador-deepens/; https://www.fespad.org.sv/comunicado-ante-la-decision-de-archivar-la-propuesta-de-ley-de-proteccion-a-defensores-as/[/ref]

Freedom of assembly

According to Freedom House,[ref]https://freedomhouse.org/country/el-salvador/freedom-world/2021[/ref]

“Freedom of assembly is generally upheld, and public protests and gatherings are permitted. However, the persistent threat of violence by security forces or gang members serves as a deterrent to participation.”​