flight that could not have been mitigated by other less harmful means. It has not been argued before the Court that Manuela had behaved aggressively at any time with the medical staff or with the police, that she was a danger to herself, or that she had taken any measures to escape. Therefore, the Court considers that those actions amounted to a violation of the right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment established in Article 5(2) of the American Convention. 201. Based on the above, the Court concludes that the State failed to comply with the obligation to provide the presumed victim with acceptable and quality medical care and, consequently, this amounted to a violation of the rights to personal integrity and to health, established in Articles 5 and 26 of the American Convention. B.3 The violation of medical confidentiality and the protection of personal data 202. The ultimate aim of the provision of health services is to improve the mental and physical health of the patient.334 Indeed, the Declaration of Geneva of the World Medical Association establishes that for members of the medical professions “the health and well-being of [their] patient will be [their] first consideration.”335 Similarly, the International Code of Medical Ethics of the World Medical Association indicates that “[t]he physician shall act in the patient’s best interest when providing medical care” and “shall owe his/her patients complete loyalty.”336 203. To enable medical staff to provide the appropriate medical treatment, the patient must feel able to share all necessary information with them. 337 Therefore, it is essential that the information that patients share with medical staff is not divulged illegitimately.338 Thus, the right to health means that, for health care to be acceptable, “personal health data [must be] treated with confidentiality.”339 204. In addition, Article 11 of the Convention prohibits any arbitrary or abusive interference in a person’s private life, and spells out various areas of this, such as the privacy of his family, his home or his correspondence. Privacy includes the way in which the individual sees himself and how he decides he wishes to be seen by others, 340 and is an essential condition for the Cf. Case of Ximenes Lopes v. Brazil. Judgment of July 4, 2006. Series C No. 149, para. 139, and Case of Guachalá Chimbo et al. v. Ecuador. Merits, reparations and costs, supra, para. 151. 334 Cf. Declaration of Geneva, adopted by the 2nd General Assembly of the World Medical Association, September 1948 and amended by the 22nd World Medical Assembly, Sydney, Australia, August 1968, and the 35th World Medical Assembly, Venice, Italy, October 1983, and the 46th WMA General Assembly, Stockholm, Sweden, September 1994, and editorially revised by the 170th WMA Council Session, Divonne-les-Bains, France, May 2005, and the 173rd WMA Council Session, Divonne-les-Bains, France, May 2006,and amended by the 68th WMA General Assembly, Chicago, United States, October 2017. 335 Cf. International Code of Medical Ethics of the World Medical Association, adopted by the 3rd General Assembly of the World Medical Association, London, England, October 1949, and amended by the 22nd World Medical Assembly, Sydney, Australia, August 1968, the 35th World Medical Assembly, Venice, Italy, October 1983, and the WMA General Assembly, Pilanesberg, South Africa, October 2006. 336 337 Cf. Affidavit made by Oscar A. Cabrera on March 6, 2021 (evidence file, folio 4017). ECHR, Case of L.H. v. Latvia, No. 52019/07. Judgment of April 29, 2017, para. 56, and Affidavit made by Oscar A. Cabrera on March 6, 2021 (evidence file, folio 4017). 338 Committee on Economic, Social and Cultural Rights, General Comment No. 14: The right to the highest attainable standard of health, August 11, 2000, UN Doc. E/C.12/2000/4, para. 12. See also, CEDAW, General recommendation No. 24: Women and health, February 2, 1999, para. 22. 339 Cf. Case of Rosendo Cantú et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of August 31, 2010. Series C No. 216, para. 119, and Case of I.V. v. Bolivia, supra, para. 152. 340 59