Convention referred to above. The petition is not, in this sense, manifestly groundless under
the terms of the Convention.
70. The petitioner has provided no basis in fact or law that would indicate how the rights of the
named adult victims under Articles 4 and 32 of the American Convention have been affected
by the facts denounced, nor has he provided a sufficient foundation to characterize violations
of Articles 5, 8 and 25 of the American Convention, or of Article 7 of the Convention of Belém
do Pará. The allegations raised under the Protocol of San Salvador may be taken into account
in interpreting the international obligations of the State under Article 26 of the American
Convention, insofar as that may be pertinent to the review at the merits stage, but those
Articles of the Protocol are not directly cognizable within the individual petition system.
V.
CONCLUSIONS
75. For the reasons set forth above, the Commission considers that it has jurisdiction to
consider the present case and that, pursuant to Articles 46 and 47 of the American
Convention, the petition is admissible, in the terms described above.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare the present petition admissible with respect to the alleged violations of right
protected in Articles 1, 2, 11, 17 and 2410 of the American Convention.
2. To declare the present petition inadmissible as it relates to the companies Costa Rica
Ultrasonografia S.A. and Instituto Costarricense de Fertilidad.
3. To declare the present petition inadmissible as it relates to Articles 4, 5, 8, 25, 26 and 32 of
the American Convention, to Articles 3, 10 and 15 of the Protocol of San Salvador and to
Articles 1 and 7 of the Convention of Belém do Pará.
4. To notify the parties of this decision.
5. To continue its analysis of the substance of the issue.
6. To publish this decision and include it in its Annual Report to the General Assembly of the
OAS.
Done and signed at the headquarters of the Inter-American Commission on Human Rights in
the city of Washington, D.C., on the 11 day of the month of March 2004. (Signed): José
Zalaquett, President; Clare K. Roberts, First Vice-President; Susana Villarán, Second VicePresident; Evelio Fernández Arévalos, Paulo Sergio Pinheiro, Freddy Gutiérrez and Florentín
Meléndez Commisioners.
10 Commissioners José Zalaquett, Evelio Fernández and Freddy Gutiérrez voted against including Article 24 of the
Convention as they understand that the fact alleged do not tend to amount to a violation of this provision.
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