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CLADEM, Peru

Submitted by:

On march 27th of 1998, Mrs. Maria Mamerita Mestenza Chavez a peasant women that lived in the little village of Alto sorogon, in the Encanada district. Who Was a poorly educated woman mother of 7 children the youngest just 4 months old; had a tubal ligation in the Cajamarca Hospital.

The operation started at approximately 10 AM, she entered the procedure walking and with good health, but after the procedure she was never well again. That same day at 5 pm she exited the hospital. Her partner Jacinto Salazar Juarez said that she couldn’t stand, she was constantly vomiting and her head and back ached, that’s why they didn’t return to their village that same day.

Seeing that Mamerita was on such a delicate state Jacinto Salazar went to the hospital the next day to beg to have her accepted in the hospital once more but it was no use he could only accomplish to have a doctor visit Mamerita in the pension they were staying at.

The doctor said that what she was suffering were normal repercussions of the anesthesia and that they would disappear in 10 to 15 days. That she didn’t need hospitalization, and that they should go back to their village.

While in the medical post of La Encanada, Jacinto hopped that the doctor that had made Mamerita have the operation would help her out but he responded very indifently and gave her no attention. Mean while she was getting worst
The Doctor had threatened Mamerita to either have the operation or he was going to call the authorities and tell then that she had 7 children while it was only permited to have 4. and then they would off have to pay a certain amount.

In the next days Jacinto tried to get some kind of health provider to help but it was futile, mamerita had fevers and soon she started to get paralyze first the arms then the legs and finally she was unable to recognize anyone.
Even though this was happening the doctors dare to say “to burn her arm and then he would see that she could move”

Without any medical attention Mamerita died in her house on April 4th. She left behind her 7 children: Pascuala, Mavila, Alindor, Napoleon, Amancio, Delia and Almanzor of 15, 13, 10, 7, 5, 3, and 4 months respectively.

The doctor from the medical post: Martin Ormeno Gutierrez gave Jacinto 850 soles so he could bury her, making him promise never go tot the authorities, and to help the doctor promised to give him a monthly amount of money to feed the children. Which he never paid.

Jacinto went to the authorities and told his story looking for justice, but it never came, the case was filed and that was the end.
Mamerita Mestanza was a peasant woman who lived in extreme poverty therefore she was in a very vulnerable position that required the State’s attention which never came on the contrary she was forced to be surgically sterilized with out any preparation or information.

It was never taken into account that she was illiterate, was force to have this procedure, that no other contraception options were given to her, and that the consent for the surgery was asked and given by the husband.

She did not go through any exams prior to the operation that would reflect her capability to support the operation. She was treated in a negligent manor, cruel and degrading, by the health professionals of the state.
They did not provide the necessary medical services before; during or after the procedure. She died because of complications of the process, complication that the family informed on several occasions.

It’s obvious the numerous violation of human rights in the case of Mamerita. Her right to life, personal integrity, health, informed consent, freedom, intimacy, equality, non-discrimination and judicial protection

updated: 7/2/2004

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