188. The Court notes that, at the time of the facts, regulations existed with regard to the right to health that guaranteed this right to everyone without distinction .307 189. Based on the facts of the case and the arguments of the parties and the Commission, the Court will examine: (1) the medical attention received by Manuela before the obstetric emergency; (2) the medical attention received by Manuela during the obstetric emergency; (3) the violation of medical secrecy and the protection of personal data; (4) the medical attention received by Manuela during her detention; (5) the violation of the right to life and the alleged lack of investigation, and (6) The impact of the discrimination that occurred in this case. B.1 The medical attention received by Manuela before the obstetric emergency 190. The representatives argued that there had been various shortcomings in the medical attention received by Manuela before the obstetric emergency, including that the State failed to make an early diagnosis of the “evident symptoms of the Hodgkin’s lymphoma from which the [presumed] victim suffered.” 191. In this regard, the Court recalls that the right to health requires that the services provided must be acceptable; in other words, designed to “improve the health status of those concerned,” and “must also be scientifically and medically appropriate and of good quality.”308 However, this does not mean that the services must be infallible.309 On this basis, in the instant case, the Court does not have sufficient evidence to evaluate the medical attention received by Manuela before the obstetric emergency, or to examine the alleged violation of the right of access to information. B.2 The medical attention received by Manuela during the obstetric emergency 192. The right to sexual and reproductive health forms part of the right to health.310 The right to sexual and reproductive health is related to reproductive freedom and autonomy with Article 65 of the Constitution of El Salvador establishes ““the health of the inhabitants of the Republic constitutes a public good. The State and the individual are obliged to ensure is conservation and restoration. The State shall determine the national health policy and shall oversee and supervise its application.” Constitution of the Republic of El Salvador, Legislative Decree No. 38 of 1983. Available at: https://www.asamblea.gob.sv/sites/ default/files/documents/decretos/EA1C26BE-E75B-4709-98AB-8BC6CA287232.pdf 307 Case of Guachalá Chimbo et al. v. Ecuador. Merits, reparations and costs, supra, para. 151. See also, 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. 308 Thus, for example, the European Court of Human Rights (ECHR) has indicated that where States have “made adequate provision for securing high professional standards among health personnel [… the Court] cannot accept that matters such as error of judgment on the part of a health professional or negligent co-ordination among health professionals in the treatment of a particular patient are sufficient in themselves” to establish the international responsibility of a State. ECHR [Fourth Section]. Case of Byrzykowski v. Poland, No 11562/05, of September 27, 2006, para. 104. 309 Committee on Economic, Social and Cultural Rights, General Comment No. 22: The right to sexual and reproductive health, May 2, 2016, UN Doc. E/C.12/GC/22, para. 1. See also, Case of Artavia Murillo et al. (“In vitro fertilization”) v. Costa Rica, supra, para. 148, and Case of I.V. v. Bolivia, supra, para. 157. The Court has adopted the concept of reproductive health formulated by the Programme of Action of the 1994 International Conference on Population and Development held in Cairo, as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes.” Consequently, [r]eproductive health therefore implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so. Implicit in this last condition is the right of men and women to be informed and to have access to safe, effective, affordable and acceptable methods of family planning of their choice, as well as other methods of their choice for 310 55

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