September 30, 2022

East Valley Times

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Historic verdict: Inter-US court condemns El Salvador in Manuela case | The woman suffered a maternity emergency and was convicted of aggravated murder

The The U.S. Human Rights Court has condemned the arrest and death of El Salvador. Manuel, A woman suffering from maternity emergency has been sentenced to 30 years in prison In prison on murder charges. “Since the complete criminalization of abortion in El Salvador, Women victims of miscarriage and other maternity emergencies have been convicted. In many cases, these women are prosecuted and sentenced to brutal murder, with up to 30 to 50 years in prison. ”

In the judgment, the Costa Rica-based Inter-American Court declared the state of El Salvador internationally responsible. Violations of personal liberty, judicial guarantees, equality before the law, right to life, personal integrity, personal life and health Harmful to Manuela, as well as the violation of the right to personal privacy, would be detrimental to her next of kin.

“Most women sued for these events No small or economic income They come from rural or marginalized urban areas and are less educated. The facts of the case are structured in that context, “he added.

Manuela’s case

The sentence describes Manuela as a woman with limited economic resources, illiterate and living in the countryside with her family. She had a maternity emergency on February 27, 2008 He was also treated at the San Francisco Codera Hospital, where medical staff concluded that he had severe prenatal eclampsia and anemia caused by significant blood loss.

The doctors who treated him informed the police that he had had an abortion. “While in detention, Manuela Hodgkin was diagnosed with lymphoma and received delayed and irregular treatment, for which she died on April 30, 2010,” the U.S. Interim Court of Justice ruled.

Arbitrary punishment and infringement of rights

Imposed by the Inter-American Court Detention is arbitrary and violates the right to presume innocence, Public protection in the judicial process against Manuela “acted to the detriment of her rights and interests, making her insecure.”

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The judges also examined Lack of proper investigation, Because it was based on “prejudices and negative gender stereotypes” that were used to punish her.

Referring to the 30-year prison sentence, the U.S. Interim U.S. Court of Appeals referred to it as a maternity emergency. Since this is a medical condition, they cannot automatically generate a criminal license, And warned that the use of the penalty for aggravated murder in this case was “clearly unequal”.

In addition, the court found on the basis of a complaint filed by the treating physician Violation of duty to maintain professional confidentiality And protect sensitive personal data.

The court ordered the state of Salvador to implement one, among other things Public action recognizing international responsibility, To regulate the duty to maintain professional medical confidentiality and the confidentiality of medical records, to develop a protocol for the care of women in need of emergency medical care for maternity emergencies and to modify its rules regarding the criteria for infanticide punishment.