the following manner: (1) the provision of health services during pregnancy, childbirth and postpartum and its relationship to the guarantee of the rights to life and to personal integrity; (2) an
analysis of this specific case and (3) its conclusion. This analysis is based on the assumption that
Ms. Brítez Arce was in a situation of special vulnerability due to her pregnancy,39 which places
special duties on the State.40
B.1 Provision of health services during pregnancy, childbirth and post-partum
period and the guarantee of the rights to life and to personal integrity
57. The Court recalls that the State recognized its international responsibility for violating the
rights to life, to personal integrity and to health, recognized in Articles 4(1), 5(1) and 26 of the
American Convention. For its analysis on the alleged violation of the right to health, it finds it
necessary to consider concomitantly the violations of the rights to life and to personal integrity of
Ms. Brítez Arce that occurred during her medical care and their relationship with the acts
comprising obstetric violence. The Court has recognized that both civil and political rights and
economic, social, cultural and environmental rights are inseparable and, therefore, their
recognition and enjoyment ineluctably fall under the principles of universality, indivisibility,
interdependence and inter-relationship,41 which means that both categories of rights must be
understood integrally and universally as human rights, without any hierarchy, and are enforceable
in every case before the competent authorities.42 Specifically, the UN Committee on Economic,
Social and Cultural Rights, in its General Comment No. 22 on the right to sexual and reproductive
health, stated:
The right to sexual and reproductive health is also indivisible from and interdependent with other human
rights. It is intimately linked to civil and political rights underpinning the physical and mental integrity of
individuals and their autonomy, such as the rights to life; liberty and security of person; freedom from
torture and other cruel, inhuman or degrading treatment; privacy and respect for family life; and nondiscrimination and equality.43
39
Cf. Case of Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011, para. 97. Mutatis
mutandis, Case of the Miguel Castro Castro Prison v. Peru. Merits, Reparations and Costs. Judgment of November
25, 2006. Series C No. 160, para. 298 and Differentiated approaches with respect to certain groups of persons in
detention (Interpretation and scope of Articles 1(1), 4(1), 5, 11(2), 12, 13, 17(1), 19, 24 and 26 of the American
Convention on Human Rights and other human rights instruments). Advisory Opinion OC-29/22 of May 30, 2022.
Series A No. 29, para. 128.
40
Different international instruments contain specific provisions on the special duties of States with respect to
pregnancy. The American Declaration of the Rights and Duties of Man states, in its Article VII, that “[a]ll women,
during pregnancy and the nursing period, and all children have the right to special protection, care and aid.” Similarly,
Article 4(2) of the UN Convention on the Elimination of All Forms of Discrimination against Women states that
“[a]doption by States Parties of special measures, including those measures contained in the present Convention,
aimed at protecting maternity shall not be considered discriminatory” and its Article 12(2) indicates that
“[n]otwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women appropriate
services in connection with pregnancy, confinement and the post-natal period, granting free services where
necessary, as well as adequate nutrition during pregnancy and lactation.” Argentina ratified this treaty on June 15,
1985.
41
The Preamble to the Additional Protocol to the American Convention on Human Rights in the Area of
Economic, Social and Cultural Rights (“Protocol of San Salvador”) states that “[c]onsidering the close relationship
that exists between economic, social and cultural rights, and civil and political rights, in that the different categories
of rights constitute an indivisible whole based on the recognition of the dignity of the human person, for which reason
both require permanent protection and promotion if they are to be fully realized, and the violation of some rights in
favor of the realization of others can never be justified.” See, also: Case of Lagos del Campo v. Peru. Preliminary
Objections, Merits, Reparations and Costs. Judgment of August 31, 2017. Series C No. 340, para. 141 and Case of
Guevara Díaz v. Costa Rica. Merits, Reparations and Costs. Judgment of June 22, 2022. Series C No. 453, para. 56.
42
Cf. Case of Lagos del Campo v. Peru, supra, para. 141.
On this matter, the UN Committee on Economic, Social and Cultural Rights stated in its General Comment
No. 22 on the right to sexual and reproductive health that “the lack of emergency obstetric care services or denial of
43
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