or the freezing of the embryos – which is incompatible with the right to life and to human
dignity”; “she does not answer the second question that was opportunely asked.”
61.
Regarding these observations made by the State regarding the expert opinions, the
Court understands that these do not contest their admissibility, but rather are designed to
question their probative value. The Court will consider the content of these expert opinions
to the extent that they serve the purpose for which they were required (supra para. 11).
Based on the foregoing, the Court admits the said expert opinions and will assess them
together with the rest of the body of evidence, bearing in mind the State’s observations and
in accordance with the rules of sound judicial discretion.
VI
FACTS
A) Assisted reproduction and in vitro fertilization techniques
62.
Infertility can be defined as “the failure to achieve a clinical pregnancy after 12
months or more of regular unprotected sexual intercourse.” 56 The most common causes of
infertility are, inter alia, damage to the Fallopian tubes, pelvic infections, male factors (for
example, low sperm count), endometriosis, immunological factors or diminished ovarian
reserve. 57 It is estimated that the incidence of infertility extends to approximately 10% of
women in reproductive age. 58
63.
Assisted reproductive techniques or procedures are a group of different medical
treatments used to help infertile individuals and couples achieve pregnancy; they include
“the manipulation of both ovocytes and spermatozoids, or embryos […] for the
establishment of a pregnancy.” 59 The techniques include in vitro fertilization, embryo
transfer, gamete intratubal transfer, zygote intratubal transfer, intratubal embryo transfer,
cryopreservation of ovocytes and embryos, oocyte donation and embryo donation and
surrogate motherhood. 60 Assisted reproduction techniques do not include assisted or
artificial insemination. 61
64.
For its part, in vitro fertilization is “a procedure in which a woman’s eggs are
removed from her ovaries, and are then fertilized with spermatozoids in a laboratory
procedure; once this is completed, the fertilized egg (embryo) is re-implanted in the
56
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folio 2818); Affidavit prepared by expert witness Garza (merits report,
volume V, folio 2558); Opinion provided by expert witness Caruzo before the Inter-American Court during the
public hearing held in this case and Statement by deponent Ribas (merits report, volume V, folio 2241).
57
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folio 2828). As expert witness Zegers-Hochschild explained, according
to the World Health Organization, infertility is a disease of the reproductive system (merits report, volume VI, folio
2818).
58
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folio 2820).
59
Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folio 2821).
60
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folio 2820).
61
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folio 2820).