The Impact of Obstetric Violence on Women’s privacy and Data Health Rights: The Inter-American Court of Human Rights Ruling in the Case of Manuela* et al. v. El Salvador

This paper analyzes how miscarriages and obstetric emergencies, as they are considered manifestations of obstetric violence and consequently gender violence, impact women's human rights, especially the right to privacy and data health. We analyze the Inter-American Court of Human Rights ruling in the case of Manuela* et al. v. El Salvador. She had an obstetric emergency, but the physician assumed that Manuela had induced a miscarriage. She was convicted and sentenced to 30 years in prison for the crime of aggravated homicide. During the trial and imprisonment, she was diagnosed and given late medical treatment for Nodular sclerosis Hodgkin lymphoma, which contributed to Manuela’s death. Based on the above, the Inter-American Court of Human Rights concludes that El Salvador is responsible for the violation of human rights. This paper discusses how obstetric violence affects the patient's right to privacy and their health data protection.