Beatriz (Precautionary Measures) – PM 114/13 – B, El Salvador

On April 29, 2013, the IACHR granted precautionary measures in favor of “B,” in El Salvador. The identity of the beneficiary is kept confidential at the request of the petitioners and/or beneficiary. The request for precautionary measures alleges that the Ministry of Health and the Committee of the hospital where “B” has been admitted have determined that “B” suffers from various pathologies, that her pregnancy has a high risk of death for the mother, and that the fetus is anencephalic. In addition, it alleges that those health authorities have determined that the effect of time without the implementation of the recommended medical treatment could affect the rights to life, integrity and health of the mother. The petitioners expressed that, even though they had requested the State authorities, including the Supreme Court of Justice, that the treatment recommended by the specialized doctors be given, there is no final answer to date. After requesting information to the State, which ratified that there is still no definite response from the State authorities, the IACHR granted precautionary measures to protect the life, personal integrity and health of “B.” Specifically, the Inter-American Commission requested the State of El Salvador to adopt the necessary measures to implement the treatment recommended by the Medical Committee of the National Hospital Specialized in Maternity “Dr. Raúl Arguello Escalón,” aiming to protect the life, personal integrity and health of “B,” and that any measure is adopted in consultation with the beneficiary and her representatives.

Considering that the State of El Salvador had allegedly not adopted the necessary measures to safeguard the personal integrity of “B”, on May 27 2013, the IACHR requested provisional measures to the Inter-American Court of Human Rights. The Inter-American Court ordered provisional measures on May 29 2013, and lifted them on August 19, 2013.