5
ii.
Provide I.V. with high quality, individual medical care tailored to her needs, and appropriate to
treat her medical complaints;
iii.
Investigate the facts surrounding the sterilization of I.V. without her consent, and establish the
appropriate responsibilities and sanctions;
iv.
Take all necessary steps to ensure non-repetition of similar facts in future and, in particular,
review the policies and practices applied in all hospitals with regard to obtaining the informed
consent of patients;
v.
Adopt legislation, public policies, programs and directives to ensure respect for the right of
everyone to be informed and counseled on health matters, and not to be subjected to procedures
or treatments without their informed consent, when this is applicable. Such measures should
give special consideration to the particular needs of persons who are in a vulnerable situation
owing to the intersection of factors such as their sex, race, economic situation, or immigrant
status, and
vi.
Investigate the deficiencies in the practices of the Judiciary and auxiliary bodies that permit
excessive delays in judicial proceedings, and adopt the measures required to ensure effective
access to justice through due process and an expeditious and effective administration of justice.
c. Notification of the State. The Merits Report was notified to the State in a
communication of October 23, 2014, granting it two months to report on
compliance with the recommendations.
d) Reports on the Commission’s recommendations. On December 24, 2014, the State
presented information on the implementation of the recommendations made by the
Commission in its Report No. 72/14. A three-month extension was granted for the State to
comply with the Commission’s recommendations.
e) Submission to the Court. On April 23, 2015, considering the content of the State’s report,
and also the absence of additional reports or a request for an extension, the Commission
submitted all the facts and human rights violations described in the Merits Report to the
jurisdiction of the Inter-American Court “in view of the need to obtain justice” and the
issues relating to inter-American public order in the area of the rights to health and to
sexual and reproductive autonomy, together with informed consent in this regard.2
3.
Requests of the Inter-American Commission. Based on the above, the Commission asked the
Court to declare the international responsibility of the State for the violations indicated in its Merits
Report (supra para. 2.c.a). The Commission also asked the Court to order the State to adopt certain
measures of reparation, which will be described and analyzed in Chapter IX of this judgment.
II
PROCEEDINGS BEFORE THE COURT
4.
Notification to the representative and the State. The Court notified the Commission’s
submission of the case to the presumed victim’s representative (hereinafter “the representative”) on
July 17, 2015, and to the State on July 14, 2015.
5.
Brief with motions, pleadings and evidence. On September 14, 2015, the presumed victim’s
representative3 submitted to the Court her brief with motions, pleadings and evidence (hereinafter
“motions and pleadings brief”). The representative agreed substantially with the arguments of the
The Commission appointed Commissioner Paulo Vannuchi, the Special Rapporteur for Freedom of Expression, Edison
Lanza, and the Executive Secretary at that time, Emilio Álvarez Icaza L., as its delegates before the Court. It also appointed
Elizabeth Abi-Mershed, Deputy Executive Secretary, and Silvia Serrano Guzmán, Rosa Celorio and Ona Flores, Executive
Secretariat lawyers, as legal advisers.
2
3
Rielma Mencias Rivadeneira, Executive Director of “Derechos en Acción” represented the presumed victim in this case.