Article 38. Professional secrecy takes two forms: (a) The formal explicit secret, textually entrusted by the patient to the professional, and (b) The implicit secrecy that results from the relationship between the patient and the professional. Professional secrecy is inviolable, except in the case that, maintaining it, would violate the laws in force or when it must be revealed in an expert opinion or to notify infectious or contagious diseases to the health authorities.85 39. Additionally, article 187 of the Criminal Code establishes the offense of revealing a professional secret as follows: “anyone who reveals a secret imposed on him due to his profession or occupation, shall be sentenced to six months’ to two years’ imprisonment and special disqualification from his profession or occupation of from one to two years.”86 Similarly, the Code of Criminal Procedure in force at the time of the events, established that: The following are prohibited from revealing facts they have become aware of owing to their status, occupation or profession, under penalty of nullity: ministers of a church with legal personality, lawyers, notaries public, physicians, pharmacists and obstetricians, in accordance with professional secrecy, and public officials with regard to State secrets. However, such persons may not refuse to testify when the person concerned releases them from the obligation to keep a secret. If the witness erroneously cites that obligation with regard to one of the acts included in this article, he shall be questioned.87 40. Nevertheless, the laws also established the reporting obligation of “physicians, pharmacists, nurses and other persons who exercise health-related professions, who become aware […] [of actionable offenses] while providing the care required by their profession, unless the knowledge they acquire is protected by professional secrecy.”88 In addition, the Criminal Code established a fine for the “public official or employee, law enforcement agent or public authority who, in the exercise of his functions or due to them, becomes aware that a punishable act has been perpetrated and fails to report this to the competent official within twenty-four hours. […] The same punishment shall be imposed on the head or person in charge of a hospital, clinic or other similar public or private establishment, who fails to inform the competent official within eight hours that an injured person has been admitted, in cases in which it is reasonable to consider that the injuries originated from an offense.”89 B. Factual context 41. In its Merits Report, the Commission included information on the criminalization of abortion in El Salvador and the alleged effect that this has had in cases of obstetric emergencies and infanticide. Even though the criminal laws on abortion were not applied in this case, the Court notes that this information relates to the alleged criminalization of women who have suffered obstetric emergencies in El Salvador.90 Therefore, taking into account the Health Code of El Salvador. Legislative Decree No. 955 of 1988, articles 37 and 38. Available at: http://asp.health.gob.sv/regulacion/pdf/ley/codigo_de_health.pdf 85 Criminal Code of El Salvador, Legislative Decree No. 1030 of 1997, article 187. Available at: https://www.oas.org/dil/esp/Codigo_Penal_El_Salvador.pdf 86 Code of Criminal Procedure of El Salvador, Legislative Decree No. 776 of 1996, article 187. Available at: http://www.oas.org/juridico/spanish/mesicic3_slv_procesal.pdf 87 Code of Criminal Procedure of El Salvador, Legislative Decree No. 776 of 1996, article 232.2. Available at: http://www.oas.org/juridico/spanish/mesicic3_slv_procesal.pdf 88 Criminal Code of El Salvador, Legislative Decree No. 1030 of 1997, article 312. Available at: https://www.oas.org/dil/esp/Codigo_Penal_El_Salvador.pdf 89 For the purposes of this judgment, it is useful to consider the definition of obstetric emergency provided by expert witness Guillermo Ortiz, who indicated that “obstetric emergencies are those situations suffered by the woman or the fetus that require immediate attention; to the contrary, she or the fetus may suffer irreparable harm to their health and even die. This may happen at any moment of the pregnancy, at either the outset, the middle or the end.” Cf. Expert opinion provided by Guillermo Antonio Ortiz Avendaño during the public hearing held in this case. 90 18