increased her numerous vulnerabilities. Manuela was discriminated against from the
moment that she required medical attention and she obtained neither health nor justice
from the State.
36. The request for medical attention resulted in the immediate activation of the criminal
system, an absolutely disproportionate response by the State that violated Article 5(2) of
the American Convention: she was given the minimum legal sentence established in the
laws of El Salvador: 30 years’ imprisonment.
37. As most of the victims, Manuela was rendered invisible: first, during the criminal trial
during which she was not heard and those who had the duty to exercise her defense
adopted an irresponsible attitude of passivity; second, by judges who based themselves
on detrimental gender stereotypes without addressing her particular circumstances, and
third by a prison system that did not provide attention for a disease that finally led to her
death.
38. I would like to emphasize, in particular, the situation of Manuela’s two sons, today
adults, who were victims of the loss of their mother, and whose rights were also violated
in this case, especially the right to live with their mother and the special protection that
their status as children required under Articles 17 and 19 of the American Convention.
They were also victims who were made invisible in this case:
“Manuela’s elder son stated that, when he went to visit his mother in the San
Miguel prison, he “wanted to talk to her more, to be able to tell her more, but he
could not because there was a police agent present during the visit and this
frightened him. This situation did not allow him to tell his mother that he missed
her, and this was very difficult for him. […] It still hurts him to relive that moment
because it is the last memory he has of her.” He also indicated that he found it
“very hard to grow up without his mother; […h]e misses her love […]. Even
though he has few memories of her, he misses her and would like to have her in
his life to talk to her and receive her advice.” Meanwhile, Manuela’s younger son
stated that “[i]t was painful and complicated to grow up without a mother. His
life was different from that of other children owing to her absence and because
he did not have her guidance. […] He feels anger and frustration when thinking
of the humiliations that his mother endured” (paragraph 264).
39. In summary, in this case, the victims, Manuela and her sons above all, suffered the
consequences of the State’s actions which condemned them based on structural
discrimination against Manuela, who paid with her life for the numerous violations of her
rights and, until the end of her life, suffered discrimination and the consequent violation of
her rights.
Ricardo C. Pérez Manrique
Judge
Pablo Saavedra Alessandri
Secretary
8
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