SAN JUAN, Puerto Rico (AP) — The mother of a teenage girl who died after doctors in the Dominican Republic delayed treating her for cancer because she was pregnant is challenging the country’s strict abortion ban.
Civil society groups including a Christian organization joined the challenge, arguing that the ban violates the rights to life, health, dignity and equality, and that such protections should be extended to pregnant girls and women.
The challenge
was filed Wednesday in the country’s Constitutional Court.
The Dominican Republic has one of the strictest abortion bans in the region, criminalizing it without exception and regardless of circumstance. Women face up to two years in prison for having an abortion, while doctors or midwives could face five to 20 years.
“My daughter died because she was denied the medical care she needed. No other mother should have to go through this,” Rosa Herminia Hernández said in a statement.
Rosaura Almonte died in 2012 from leukemia while three weeks pregnant. She was 16 years old, according to the court filing.
The challenge seeks that abortions be allowed in rape or incest cases; when the life or health of a woman or girl is in danger; or when a fetus has fatal abnormalities.
“This action seeks something very simple: that no woman or girl should have to choose between her life, her health and the law,” attorney Patricia Santana Nina said in a statement.
At least 67,455 abortions were recorded from 2019 through late 2024 in the public health sector, according to government data. It did not differentiate between spontaneous and induced abortions.
Meanwhile, from June 2017 to October 2022, prosecutors filed 62 criminal cases for abortion and 16 cases for attempted abortion. The Prosecutor General’s Office has stopped publishing such data since November 2022.
“Is it legitimate to maintain a permanent criminal threat against women in medical emergencies solely to legally express a moral stance?” the challenged filed Wednesday stated.
In 2023, a woman with three children, one of whom was product of a rape, had an incomplete and spontaneous abortion while pregnant, according to the challenge. It noted that authorities detained her for 10 days in inhumane conditions despite her condition, adding that she did not receive adequate medical care.
“The woman went to a health center seeking care and ended up being deprived of her freedom,” it stated.
Human rights activists say that it’s often health providers who report women to authorities.
There are no reliable statistics on how many women in the Dominican Republic have died during or after a clandestine abortion.
In 2024, at least 585 girls from 11 to 14 years old became mothers, according to government data. Meanwhile, at least 681 rapes were reported from January to July 2025, with activists noting that unreported cases are much higher.
The challenge noted that the ban worsens existing inequalities: women with resources can seek private medical care in or outside the country, while those who are impoverished face higher health risks and are more exposed to criminal prosecution.
“The women who are persecuted often share conditions of socioeconomic vulnerability, job insecurity, low educational level, or migratory status,” the challenge read.
