American Convention, in conjunction with the obligations established in articles 1(1) and 2 of the Convention,
as well as Article 7(a), (b), and (e) of the Convention of Belém do Pará.
VI.
160.
RECOMMENDATIONS
Based on the above conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE
SALVADORAN STATE,
1.
Provide full pecuniary and nonpecuniary reparations for the human rights violations declared
in this report. The State must adopt measures to provide financial compensation and satisfaction for the nonpecuniary damages. As Manuela has died, these measures should be implemented to benefit her nuclear family.
2.
Investigate administrative, disciplinary, or other responsibilities derived from the human
rights violations declared in this report.
3.
Implement the mechanisms necessary to prevent repetition of the violations declared in this
report. In particular: (i) strengthen the full effectiveness of public defense, particularly in cases involving the
possible imposition of severe punishments, including disciplinary measures for accountability regarding
actions or omissions that constitute manifest negligence; (ii) ensure that according to regulation and in
practice, individuals convicted of a crime can appeal to a higher authority that can comprehensively review the
judgment to convict; (iii) ensure that the concept of in flagrante delicto is applied pursuant to the standards
described in this report; (iv) ensure that in both law and in practice, the use of pretrial detention adheres to
the standards described in this report; (v) conduct proper training of public defenders, prosecutors, judges,
and other judicial officials aimed at eliminating the use of discriminatory stereotypes on the role of women,
taking into account their negative impact on criminal investigations and assessment of evidence, as well as on
criminal responsibility in judicial decisions; (vi) review and adjust discriminatory institutional practices within
criminal law and the healthcare sector, pursuant to the terms analyzed in this report; (vii) established
mechanisms to inform women at the local level, specifically those in situations of poverty, on their rights
regarding sexual and reproductive health; and (viii) ensure the legal certainty of professional medical
confidentiality through adequate regulations that are the result of properly weighing the rights and interests
in question, and establish a protocol for their protection governing medical personnel in cases involving
obstetric emergencies or abortions that meets international standards and provides a detailed review of
grounds for exception.
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