before the Commission and the I/A Court of H.R. In particular, the State asserts that Beatriz had access to justice
system mechanisms in the form of the amparo action, in the course of which an effort was made to expedite the
proceedings by bunching together the different steps involved, given the biological changes being undergone
by the plaintiff. The State adds that the IACHR's recommendations to the State in case 12.249, Jorge Odir
Miranda Cortez et al. against El Salvador were taken into consideration during processing of the amparo action,
because, even though amparo proceedings comprise a series of procedures and forwarding of data to the
parties by legal deadlines, in the instant case, given its nature and urgency, the Constitutional Chamber decided
to join procedural steps together and omit data-forwarding contemplated in the law, without thereby
contravening the adversarial principle, while observing the rights of the parties to be heard and to defend their
case.
15.
The State mentions that during the process a precautionary measure was issued that sought
to safeguard Beatriz’s right to life and health, while weighing the right to life of the nasciturus, and ordering
that suitable medical procedures be followed. For that reason, according to the State, the Constitutional
Chamber's analysis of compliance with the measure was based on the standard of obligations to safeguard,
which principally refer to means, not end results. It was on that understanding that, after ascertaining
satisfactory compliance with the obligation to safeguard the right to life and health, the SC-CSJ had decided to
acquit the authorities accused and to reiterate their obligation going forward.
16.
The State asserts that at all times medical personnel acted with technical and scientific
autonomy in deciding the best treatment for Beatriz's condition and that they provided her with conditions
conducive to her mental and emotional health, such as a private space near the nurses so as to facilitate
monitoring of her condition, arrangements that took her sensitivity to light into consideration, and permission
to be accompanies and receive visits from family members. Thus, the State claims that it indeed took the
necessary steps from a medical science perspective to ensure due protection of Beatriz's rights. It further points
out that given the provision of the Constitution that recognizes a biological fact when it provides that life and
the consequent right to life begin at the moment of conception, the State took steps to preserve the life of the
fetus, the outcome of which was unsatisfactory due to its anencephalic condition.
VI.
EXHAUSTION OF DOMESTIC REMEDIES AND TIMELINESS OF THE PETITION
17.
The petitioners argue that despite the nonexistence of an appropriate remedy, they exhausted
the amparo option, which would be the only one available by law, with all the limitations they describe. For its
part, the State made no comments in this regard. On this, the Commission considers that given the argument of
the lack of a specific remedy for promptly resolving a situation such as the one described above; that, according
to the Law of Constitutional Procedures, there is no appeal against an amparo judgment; and that a judgment
denying amparo precludes the filing of civil suits for reparation, the conditions for an exception contemplated
in Article 46.2.a of the American Convention are given in this case, namely that there is no due legal process in
the domestic law of the State in question to protect the allegedly violated right or rights. The IACHR received
the petition on November 29, 2013, while the facts with which the petition is concerned are said to have begun
to occur on March 14, 2013, and certain of their effects continue to this day. Therefore, in light of the context
and characteristics of this case, the Commission considers that the petition was lodged within a reasonable
time and that the admissibility requirement regarding the timeliness of its presentation must be deemed met.
VII.
COLORABLE CLAIM
18.
In view of the elements of fact and law presented by the parties and the nature of the matter
brought to its attention, the IACHR considers that, if proven, the alleged facts relating to access to health, grave
threats to life and personal integrity, violations of due process, the lack of legal characterization of the conduct
constituting a crime of abortion, interferences into private life, lack of access to justice and judicial protection,
and discrimination, the events reported could constitute possible violations of Articles 4, 5, 8, 9, 11, 24, 25, and
26 of the American Convention, in conjunction with Articles 1.1 and 2 of that treaty, and of Article 7 of the
Convention of Belém do Pará, to the detriment of Beatriz. The Commission further considers that the arguments
in respect of the IACPPT require analysis during the merits phase of possible violations of Articles 1, 6, and 8
6