L.C. v. Peru
Committee on the Elimination of Discrimination Against Women
CEDAW C/22/2009 (17 October 2011) (2011)
- Written by Kelly Simon, JD
Facts
L.C. (plaintiff) was 13 years old when she was sexually abused by an adult and became pregnant. After learning of her pregnancy, L.C. attempted suicide by jumping from a building. Though L.C. survived, she sustained severe injuries. L.C. needed emergency surgery for the best chance of avoiding total paralysis. L.C.’s surgery was delayed because of the pregnancy. L.C.’s mother requested that L.C. have an abortion consistent with Peruvian law, which allowed for an abortion when the procedure was the only way to save the mother’s life or to avoid serious and permanent harm to the mother’s health. The hospital determined that L.C.’s life was not in danger. Weeks later, L.C. had a spontaneous miscarriage and eventually underwent surgery. Despite having the surgery, L.C. was permanently paralyzed from the neck down. L.C. filed a complaint with the Committee on the Elimination of Discrimination Against Women, arguing that Peru lacked any administrative methods through which L.C. could request a legal abortion or obtain the appropriate medical services in violation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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