arguments of the parties and the Commission, the Court will examine that relationship in this section and take it into account when analyzing this specific case. 42. In this regard, the Court notes that, within the universal system for the protection of human rights, the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee for the Elimination of Discrimination against Women (hereinafter also “CEDAW”) have indicated that, since the entry into force of the absolute criminalization of abortion in El Salvador, women who have suffered miscarriages and other obstetric emergencies have been criminalized.91 43. In many cases, the women were not convicted of abortion but rather of aggravated homicide,92 for which the sentence is from 30 to 50 years’ imprisonment. On this point, CEDAW has expressed its concern at “the disproportionate criminal penalties applied […] to women who have had a miscarriage.”93 44. The Committee on Economic, Social and Cultural Rights has underscored that, in some cases, there had been no regard for due process. 94 Moreover, expert witness David Ernesto Morales Cruz indicated that, typically, investigations are aimed at trying to convict the women without examining the possibility that, for example, the death could be due to an obstetric emergency. He also indicated that, in those cases, it was customary that the public defender did not present evidence and had little or no contact with the accused. 95 45. It was also frequent that, in cases that were subsequently judicialized for abortion or for aggravated homicide, “women treated in public hospitals are being reported by medical or administrative staff.”96 In some cases, “women are reported to the authorities” “by health Cf. Human Rights Committee. Concluding observations on the seventh periodic report of El Salvador. CCPR/C/SLV/CO/7 of May 9, 2018, para. 15; United Nations Committee on Economic, Social and Cultural Rights. Concluding observations on the combined third, fourth and fifth periodic reports of El Salvador, E/C.12/SLV/CO/3-5 of June 19, 2014, para. 22, and Committee for the Elimination of Discrimination against Women, Concluding observations on the combined eighth and ninth periodic reports of El Salvador, CEDAW/C/SLV/CO/8-9 of March 9, 2017, para. 38. See also, Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo: Follow-up mission to El Salvador, A/HRC/17/26/Add.2 of February 14, 2011, para. 68, and Statement of the United Nations High Commissioner for Human Rights Zeid Ra’ad Al Hussein at the end of his mission to El Salvador, November 17, 2017. Available at: https://www.ohchr.org/en/NewsEvents/Pages/Display News.aspx?NewsID=22412&LangID=E 91 Cf. Human Rights Committee. Concluding observations on the seventh periodic report of El Salvador. CCPR/C/SLV/CO/7 of May 9, 2018, para. 15; Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo: Follow-up mission to El Salvador, A/HRC/17/26/Add.2 of February 14, 2011, para. 68, and Statement of the United Nations High Commissioner for Human Rights Zeid Ra’ad Al Hussein at the end of his mission to El Salvador, November 17, 2017. Available at: https://www.ohchr.org/en/NewsEvents/Pages /DisplayNews.aspx?NewsID=22412&LangID=E 92 Committee for the Elimination of Discrimination against Women. Concluding observations on the combined eighth and ninth periodic reports of El Salvador, CEDAW/C/SLV/CO/8-9, of March 9, 2017, para. 38 (a). 93 Cf. United Nations Committee on Economic, Social and Cultural Rights, Concluding observations on the combined third, fourth and fifth periodic reports of El Salvador, E/C.12/SLV/CO/3-5, June 19, 2014, para. 22. 94 95 Cf. Expert opinion provided by David Ernesto Morales Cruz on March 4, 2021 (evidence file, folios 3940, 3941 and 3942). See also, Viterna J. and Santos J. Análisis independiente de la Discriminación Sistemática de Género en el Proceso Judicial de El Salvador contra las 17 Mujeres Acusadas del Homicidio Agravado de sus Recién Nacidos, November 17, 2014, Available at: https://scholar.harvard.edu/files/viterna/files/viterna_guardado_2014_ white_paper_spanish.pdf Human Rights Committee. Concluding observations on the seventh periodic report of El Salvador, CCPR/C/SLV/CO/7 of May 9, 2018, para. 15; Working Group on Arbitrary Detention. Opinion No. 68/2019, concerning Sara del Rosario Rogel García, Berta Margarita Arana Hernández and Evelyn Beatriz Hernández Cruz (El Salvador) A/HRC/WGAD/2019/68 of March 4, 2020, para. 101, and Feusier, O. Pasado y presente del delito de aborto in El Salvador. Universidad Centroamericana José Simeón Cañas (UCA): Legal Research Department, 2012. p. 57. Available at: http://www.uca.edu.sv/deptos/ccjj/media/archivo/95bbb4_pasadoypresentedeldelitodeabortoen elsalvador.pdf 96 19