171. The Court notes that the 1973 Criminal Code of El Salvador established an attenuated scale of punishment for the offense of infanticide. 283 Under the previous Salvadoran law, the conduct was penalized with a maximum of up to four years, but now the maximum can be fifty years; previously the minimum was one year, and now this has been increased to thirty years. This new criminal dosimetry is evidently disproportionate. The Court considers that a proportionate punishment for this type of offense would have to be the same or less than the one established in the previous Salvadoran law, by the specific legal channel determined by the State. 172. Consequently, the Court finds that the State violated the rights of Manuela recognized in Article 5(2) and 5(6) of the American Convention, in relation to Articles 1(1) and 2 of this instrument. B.4 Conclusion 173. Based on all the above considerations, the Court concludes that the investigation and trial to which the presumed victim was subjected did not comply with the right to defense, the right to be tried by an impartial court, the presumption of innocence, the duty to provide the reasons for a decision, the obligation not to apply laws in a discriminatory manner, the right not to be subjected to cruel, inhuman or degrading punishment and the obligation to ensure that the purpose of punishments consisting in deprivation of liberty is the reform and social readaptation of prisoners. Consequently, the State violated Articles 8(1), 8(2), 8(2)(d), 8(2)(e), 24, 5(2) and 5(6) of the Convention, in relation to Articles 1(1) and 2 of this instrument, to the detriment of Manuela. VIII-3 RIGHTS TO LIFE,284 PERSONAL INTEGRITY, HEALTH,285 PRIVACY286 AND EQUALITY BEFORE THE LAW287 IN RELATION TO THE OBLIGATIONS TO RESPECT THESE RIGHTS WITHOUT DISCRIMINATION288 AND TO ADOPT DOMESTIC LEGAL PROVISIONS289 A. Arguments of the parties and the Commission 174. The Commission presented arguments concerning: (i) medical professional secrecy and its implications for the right to privacy and to sexual and reproductive health, and (ii) the health care provided to Manuela and her death while in custody. Regarding the first point, the Commission alleged that “the violation of professional secrecy constituted an arbitrary restriction of Manuela's right to privacy” and “meant that Manuela did not receive treatment under equal and acceptable conditions.” The Commission stressed that: (i) the doctor who treated Manuela filed a criminal complaint against her and provided details of her medical The Court notes that comparative law does not have a standardized definition of infanticide. In the 1973 Criminal Code of El Salvador, infanticide is defined as an attenuated homicide committed by the mother against her child “during its birth or within the following seventy-two hours.” The Court underscores that the concept of infanticide referred to in this judgment should never be understood as including the murder of children or adolescents in circumstances other than those described in this case. 283 284 Article 4 of the Convention. 285 Article 26 of the Convention. 286 Article 11 of the Convention. 287 Article 24 of the Convention. 288 Article 1(1) of the Convention. 289 Article 2 of the Convention. 50