83
personal characteristics of a supposed victim of torture or cruel, inhuman or degrading treatment
must be taken into account when determining whether his or her personal integrity has been violated,
because these characteristics may change the individual perception of the reality and, consequently,
increase the suffering and feelings of humiliation when subjected to certain treatment.349 In this
regard, the Court stresses that every individual experiences suffering in a different way and, thus, it
will depend on the multiple factors that make each person unique. Thus, it would be unreasonable
to excise past experiences from the way an individual feels suffering. On this basis, the Court will
take into account the endogenous and exogenous factors when evaluating the intensity of the
suffering.350
268. On analyzing the intensity of the suffering experienced by I.V., the Court concludes that: (i)
I.V. lost her reproductive capacity permanently, and the functioning of her reproductive organs was
modified; (ii) I.V. also experienced physical consequences that involved a subsequent surgical
procedure because she was diagnosed with placental remains in the endometrial cavity351 (supra
para. 114); (iii) I.V. suffered severe psychological effects that required psychiatric treatment (supra
para. 115), including feelings of anguish, frustration and guilt, as well as of devaluation as a woman
that have aroused feelings of shame; 352 (iv) non-consensual sterilization prejudiced her private life,
and led to the temporary separation from her husband, a situation which caused emotional
suffering;353 (v) non-consensual sterilization had different kinds of effects on her family and, in
particular, on her daughters,354 which led to feelings of guilt355 (supra para. 115); (vi) non-consensual
sterilization resulted in a financial burden for I.V. arising from the subsequent medical care in a
setting that inspired her confidence, and from the search for justice,356 and (vii) the lack of response
from the judicial system (supra paras. 111 to 113 and infra para. 314), led to her feeling powerless
supra, para. 87.
Cf. Case of Ximenes Lopes v. Brazil, supra, para. 127, and Case of Quispialaya Vilcapoma v. Peru. Preliminary objections,
merits, reparations and costs. Judgment of November 23, 2015. Series C No. 308, para. 127.
349
The endogenous factors refer to the characteristics of the treatment (duration, method used, way in which the suffering
was inflicted, and the physical and mental effects that this may cause), while the exogenous factors refer to the conditions of
the person who undergoes such suffering (age, sex, health situation, as well as any other personal circumstances). Cf. Case
of Bueno Alves v. Argentina. Merits reparations and costs. Judgment of May 11, 2007. Series C No. 164, para. 83, and Case
of Norín Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous People) v. Chile, supra, para. 388.
350
Cf. Intravaginal gynecological ultrasound scan of August 14, 2000 (evidence file, volume VII, annex 11 to the
submission of the case, folio 2150); Laboratory of Pathology and Cytology Report of August 17, 2000 (evidence file, volume
VII, annex 12 to the submission of the case, folio 2152); Intravaginal gynecological ultrasound scan report of August 23, 2000
(evidence file, volume VII, annex 13 to the submission of the case, folio 2154), and Medical certificate signed on September
3, 2000 (evidence file, volume VII, annex 14 to the submission of the case, folio 2156).
351
Cf. Institute of Therapy and Research on the Aftereffects of State Torture and Violence (ITEI), Psychological
examination of I.V. of August 11, 2015 (evidence file, volume VIII, annex 21 to the brief with motions, pleadings and evidence,
folios 2374, 2377 and 2379), and Affidavit prepared by Emma Bolshia Bravo Cladera on April 21, 2016 (evidence file, volume
XI, affidavits, folios 3923 to 3928).
352
Cf. Institute of Therapy and Research on the Aftereffects of State Torture and Violence (ITEI), Psychological
examination of I.V. of August 11, 2015 (evidence file, volume VIII, annex 21 to the brief with motions, pleadings and evidence,
folio 2379).
353
Cf. ITEI, Psychological evaluation of N.V. of August 3, 2015 (evidence file, volume VIII, annex 22 to the brief with
motions, pleadings and evidence, folios 2386 to 2397); ITEI, Psychological evaluation of L.A. of July 28, 2015 (evidence file,
volume VIII, annex 23 to the brief with motions, pleadings and evidence, folios 2399 to 2410); Affidavit prepared by N.V. on
April 22, 2016 (evidence file, volume XI, affidavits, folios 3910 to 3918), and Affidavit prepared by Andre Alois Frederic Gautier
on April 21, 2016 (evidence file, volume XI, affidavits, folios 3919 to 3922).
354
Cf. Affidavit prepared by Emma Bolshia Bravo Cladera on April 21, 2016 (evidence file, volume XI, affidavits, folios
3923 to 3928).
355
Cf. Affidavit prepared by Emma Bolshia Bravo Cladera on April 21, 2016 (evidence file, volume XI, affidavits, folios
3923 to 3928).
356