2
from the numerous references made to it in the considerations 5 and in the operative
paragraphs of the judgment.6
5.
Consequently, if the Court had chosen an approach focused on social rights, I
consider that it would have clarified some aspects of the decision; for example, the
distinction between the right of access to information (Article 13 of the American
Convention), and the guarantee of the accessibility of information as a means or
instrument to implement the right to health (under Article 26 of this treaty).7
Eduardo Ferrer Mac-Gregor Poisot
Judge
Pablo Saavedra Alessandri
Secretary
See, in particular, paras. 147, 157, 158, 163, 165, 187, 205, 209, 235, 243, 300, 305, 332, 340 and
341 of the judgment.
6
Operative paragraphs 8 and 11 of the judgment.
7
Thus, from a perspective of the right to health (sexual and reproductive), I understand that, when
reference is made to access to information, and through this to informed consent, the intention is not to
indicate that matters of lack or scant information in relation to health (sexual and reproductive) has to be
analyzed in light of the right of access to information, because in cases of lack of prior informed consent and
enforced or involuntary sterilization, it is the right to sexual and reproductive health that is violated directly
and, interdependently, access to information, and not vice versa. Informed consent by means of the
accessibility of information is a principle and a fundamental right that, in turn, protects personal autonomy,
personal liberty, personal dignity, and the right to raise a family and forms part of the right to sexual and
reproductive health.
5
2
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