Manuela went to a public hospital in El Salvador in 2008 after suffering

a miscarriage.

There she was arrested and transferred directly to prison after being denounced by the medical personnel who treated her during the obstetric emergency. Later, she was sentenced to

30 years in prison for the crime of homicide

and

in 2010 she died in prison from cancer,

leaving her two children orphans. For all this process, the Inter-American Court of Human Rights (IACHR) has condemned the State of El Salvador for the

"arbitrary criminalization" of Manuela,

who was deprived of liberty, after trying to access reproductive health services in a public hospital when she faced an obstetric emergency.

"In the present case, there is no doubt that Manuela suffered

an obstetric emergency caused by preeclampsia,"

remarks the IACHR, which recalls that, because it is a medical condition, emergencies of this type that, on occasions, lead to spontaneous abortions , "cannot automatically give rise to a criminal sanction."

However, currently

14 women remain in prison in El Salvador after having suffered an abortion

for which they were sentenced to sentences of up to 30 years in prison for the crime of aggravated homicide. Likewise, there are six other women in this Central American country who face a judicial process for similar events, after being reported in the same hospital they went to for treatment of an obstetric emergency during their pregnancy. This has been denounced by

Morena Herrera,

of the Feminist Collective for Local Development, who has stressed that the IACHR has recognized that "since the law that absolutely penalizes abortion in El Salvador came into force, women who suffer spontaneous abortions and other obstetric emergencies have been criminalized and in many cases, they have been convicted of aggravated homicide and not abortion. "

Thus, since 1998, abortion is

prohibited in all cases

in this Central American country, including rape or if there is a risk to the life or health of the mother, under a prison sentence of six to eight years, which amounts to between 30 and 40 years for a crime of aggravated homicide in the event that it is an out-of-hospital delivery occurred when the pregnancy exceeds 20 weeks and even if it is accidental.

In recent years, the Salvadoran justice system has

released more than 40 convicted women after having lost their babies

in an out-of-hospital delivery. The last of them to be released was Sara Rogel on June 7, when the Second Penitentiary Surveillance Court of Cojutepeque granted her early parole, after being sentenced in 2013 to 30 years in prison on charges of aggravated homicide. He spent almost a decade in jail after suffering in 2012, when he was 18 years old, a fall in the laundry of his house that caused the accidental loss of his baby.

For this reason, this binding resolution of the IACHR is a boost for the organizations that are working in El Salvador in defense of the decriminalization of abortion and for all women in Latin America, as stated by

Carmen Cecilia Martínez,

from the Center for Reproductive Rights.

In this sense, he remarks that the Court's ruling is an "important step" in considering that obstetric emergencies "can never be prosecuted by criminal means", so Manuela "was innocent and the State was wrong with her."

WOMEN WITH FEW OR NO ECONOMIC RESOURCES

For this reason, Morena Herrera stressed that all the organizations that advocate for the decriminalization of abortion are "happy", since this sentence is a

recognition of the struggle of the entire feminist movement of El Salvador.

In addition, he indicated that the IACHR warns in its resolution that most of the women prosecuted for abortion have "little or no economic resources, have low education and come from rural or marginal urban areas, as we have insisted."

In the case of Manuela, he revealed that he could not read or write, while saying that now the Government of

Nayib Bukele

has the opportunity to repair his family and establish measures so that events like these "do not happen again." Herrera recalled that Bukele, when he was a candidate for the Presidency of El Salvador, promised that his government would not denounce women who go to public hospitals after having suffered spontaneous abortions or obstetric emergencies, although

"the complaints have continued and even much more often in these two years "

. For now, Bukele has closed the door to introducing therapeutic abortion in a package of constitutional reforms that must be approved by the Legislative Assembly, for which he will continue to be sentenced to jail, even when the mother's life is in danger.

While waiting for the Government of El Salvador to make full repairs to the family of Manuela, one of his sons, Jesús, stressed that he feels

"proud" of his mother

and pointed out that the IACHR ruling has revealed that "he is what they did to her was an injustice. " Along these lines, he stressed that "my mother's name has been cleared," although she recalled that, just as they did with her, blaming her for something she had not done, there are other women prisoners convicted of losing their babies, for which she asked to the President who "does not do these injustices."

For her part,

Sara García,

from the Citizen Group for the Decriminalization of Abortion, called the IACHR resolution "historic" that "orders the name of Manuela to be cleared, who was denied the right to health and life." . In addition, he asserted that this ruling "gives us hope", because Manuela "is not the only woman unjustly deprived of liberty and who faced this transit from the hospital to the jail."

The 94-page sentence also orders El Salvador to

regulate the obligation to maintain professional medical secrecy

and the confidentiality of medical records, as well as to take the necessary measures to guarantee comprehensive care in cases of obstetric emergencies and to develop a protocol that guarantee the attention of those cases. This will mean, as explained by Carmen Cecilia Martínez, that medical personnel will not have the obligation to report women who have received care for possible abortions to prevent them from being criminalized.

"It has been a long battle, but

the judgment of the Court, which is unappealable,

concludes that Manuela was treated unfairly and says that she was subjected to cruel and inhuman treatment", Morena Herrera ditch, who recalls that this resolution is not only binding to El Salvador, but to all the countries of the continent, even those that did not sign the Pact of San José in 1969, which was translated into the American Convention on Human Rights.

According to the criteria of The Trust Project

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