due diligence that incorporates the gender perspective starting with the initial procedures
and must eliminate any gender stereotyping or bias in order to truly guarantee the
presumption of innocence of the woman who is being investigated. In such cases, the
professional defense to which the Court has referred extensively in its case law is a right
that the State must ensure from the very outset, ensuring that this defense incorporates
a gender perspective and is provided with enhanced due diligence.31
29. I also take advantage of this opinion to make a brief mention of the importance of
the 2030 Agenda and its Sustainable Development Goals, the main purpose of which is to
“leave no one behind.” The 2030 Agenda responds to a rights approach in development
policies and strategies, and its content recognizes that development is a human right that
can be demanded of governments and that development policies must be based on human
rights. Human rights are an essential element in the design of development policies and
strategies.
30. Point 35 of the Declaration that precedes the goals affirms that: “Sustainable
development cannot be realized without peace and security; and peace and security will
be at risk without sustainable development. The new Agenda recognizes the need to build
peaceful, just and inclusive societies that provide equal access to justice and that are
based on respect for human rights (including the right to development), on
effective rule of law and good governance at all levels and on transparent, effective and
accountable institutions […]” (bold added).
31. This relationship between human rights and sustainable development is established
in the 2030 SDGs as the road map resulting from international consensus to enable people
to overcome situations in which their rights are violated, such as those proved in this
judgment. It is Goal 16 that reflects this relationship, promoting the rule of law at the
national and international levels (16.3); the development of effective, accountable and
transparent institutions (16.6); public access to information and protection of fundamental
freedoms (16.10), and the promotion and enforcement of non-discriminatory law and
policies for sustainable development (16.b).
32. The situation in the instant case is related, in particular, to Goals: 1. “End poverty in
all its forms everywhere”; 5. Achieve gender equality and empower all women and girls”;
8. “... sustainable economic growth ... and decent work for all”; 10. “Reduce inequality,”
and 16. Promote peace, justice and inclusive institutions.
33. The violations of the rights proved in this case require the State to act with the utmost
diligence in the execution of its obligations to ensure and to respect the human rights that
were violated (Art. 1(1) of the Convention) and to adopt the measures established in this
judgment, requesting the appropriate international cooperation in order to comply with
them (Art. 2 of the Convention).
III. CONCLUSION
34. Manuela, a poor young woman who lived with her parents and two sons, became
pregnant and suffered preeclampsia, the condition in which her delivery took place. Owing
to her health situation, her father took her to a hospital in which priority was given to
reporting an offense, rather than the immediate need of treating her health situation. To
the extent that the disease that finally resulted in her death was not detected.
35. She was handcuffed to a bed, and subjected to a criminal trial that culminated in a
sentence of 30 years’ imprisonment, without observing the guarantee of the presumption
of her innocence and without respecting her right to a proper defense and an impartial
judge, because the judgment convicting her is full of detrimental gender stereotypes that
31
Amicus Curiae, Fundación para el Debido Proceso, p. 15.
7
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