I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
On July 29, 2011, the Inter-American Commission on Human Rights (hereinafter the
“Inter-American Commission” or “the Commission”) submitted a brief to the jurisdiction of
the Inter-American Court (hereinafter “brief submitting the case”), under the provisions of
Articles 51 and 61 of the Convention, against the State of Costa Rica (hereinafter “the
State” or “Costa Rica”) in relation to case 12,361. The initial petition was submitted to the
Commission on January 19, 2001, by Gerardo Trejos Salas. On March 11, 2004 the InterAmerican Commission approved Admissibility Report No 25/04. 3 On July 14, 2010, the
Commission approved Report on Merits No. 85/10, 4 under the terms of Article 50 of the
American Convention (hereinafter also “the Merits Report” or “Report No. 85/10”), in which
it made a number of recommendations to the State. Having granted the State three
extensions to allow it to comply with the said recommendations, the Commission decided to
submit the case to the Court. The Commission designated Rodrigo Escobar Gil,
Commissioner, and Santiago A. Canton, then Executive Secretary, as delegates and
appointed Elizabeth Abi-Mershed, Deputy Executive Secretary, and the lawyers Silvia
Serrano Guzmán, Isabel Madariaga, Fiorella Melzi and Rosa Velorio as legal advisers.
2.
The Commission indicated that this case concerned alleged human rights violations
resulting from the presumed general prohibition of the practice of in vitro fertilization
(hereinafter “IVF”), which had been in effect in Costa Rica since 2000, following a ruling of
the Constitutional Chamber of the Costa Rican Supreme Court of Justice (hereinafter
“Constitutional Chamber”). Among other aspects, the Commission alleged that this absolute
prohibition constituted arbitrary interference in the right to private life and the right to
found a family. It further alleged that the prohibition violated the right to equality of the
victims, inasmuch as the State had denied them access to a treatment that would have
enabled them to overcome their disadvantage with regard to the possibility of having
biological children. It also argued that this ban had a disproportionate impact on women.
3.
The Commission asked the Court to declare the international responsibility of the
Costa Rican State for the violation of Articles 11(2), 17(2) and 24 of the American
Convention, in relation to Articles 1(1) and 2 of this instrument, to the detriment of Gretel
Artavia Murillo, Miguel Mejías Carballo, Andrea Bianchi Bruno, German Alberto Moreno
Valencia, Ana Cristina Castillo León, Enrique Acuña Cartín, Ileana Henchoz Bolaños, Miguel
Antonio Yamuni Zeledón, Claudia María Carro Maklouf, Víctor Hugo Sanabria León, Karen
Espinoza Vindas, Héctor Jiménez Acuña, Maria del Socorro Calderón P., Joaquina Arroyo
Fonseca, Geovanni Antonio Vega, Carlos E. Vargas Solórzano, Julieta González Ledezma and
Oriester Rojas Carranza.
3
In this Report the Inter-American Commission declared admissible the petition regarding the alleged
violation of Articles 11, 17 and 24 of the American Convention, in relation to Articles 1(1) and 2 thereof. Cf.
Admissibility Report No. 25/04, Case 12,361, Ana Victoria Sánchez Villalobos et al., Costa Rica, March 11, 2004
(file of attachments to the pleadings and motions brief of the representative Gerardo Trejos, tome I, annex 2, folios
3900 to 3914). In this report, the Commission declared that the “complaint was inadmissible with regard to the
firms “Costa Rica Ultrasonografía S.A. and the Instituto Costarricense de Fertilidad.”
4
Merits Report No. 85/10, Case No. 12,361, Gretel Artavia Murillo et al. v. Costa Rica, July 14, 2010 (merits
file, folios 7 to 37).