reproductive health, the rights to equality and non-discrimination and the rights to information, education and the enjoyment of the benefits of scientific progress.73 68. The Court, thus, finds that States have the obligation to provide adequate, specialized and differentiated health services during pregnancy, childbirth and a reasonable period after birth to ensure the right to health of the mother and to prevent maternal mortality and morbidity. 69. The Court also recalls that the right to life is a fundamental human right and its full enjoyment is a condition for the exercise of other rights.74 Thus, Article 4(1) of the Convention, read in conjunction with Article 1(1) thereof, which refers to the obligation to respect and guarantee the rights, presumes that no person may be deprived arbitrarily of his or her life (negative obligation) and that States must take all necessary measures to protect and preserve this right (positive obligation).75 In addition, the right to life is directly and immediately linked to health care and, therefore, the lack of adequate medical care may imply the infringement of Article 4(1) of the Convention. 70. With respect to circumstances similar to this case, the Court notes that the failure of a State to take adequate measures to prevent maternal mortality obviously impacts the right to life of pregnant women and during their post-partum period.76 Thus, according to the information in the file of the case, the immense majority of maternal deaths are preventable by access to adequate health care and effective procedures during pregnancy and birth77 to the point that the World Health Organization estimates that between 88% and 98% of maternal deaths are preventable;78 while UNICEF and the World Bank estimate that statistic to be 80% and 74%, respectively. These numbers are supported by the fact that maternal mortality has been practically eliminated in some countries.79 71. The Court concurs with the Special Rapporteur on violence against women, its causes and consequences that maternal deaths are not “mere misfortunes or unavoidable natural disadvantages of pregnancy but rather preventable injustices that Governments are obliged to remedy through their political, health and legal systems.”80 Cf. Office of the UN Commissioner for Human Rights. Preventable maternal mortality and morbidity and human rights, UN Doc. A/HRC/14/39, April 16, 2010, para. 10. 73 74 Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19, 1999. Series C No. 63, para. 144 and Case of Poblete Vilches et al. v. Chile, supra, para. 145. Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 139 and Case of Aroca Palma et al. v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 8, 2022. Series C No. 471, para. 87. 75 76 A maternal death is that which occurs in cases of pregnant women and during the 42 days following birth. Cf. Special Rapporteur on violence against women, its causes and consequences. Policies and practices that impact women’s reproductive rights and contribute to, cause or constitute violence against women, UN Doc. E/CN.4/1999/68/Add.4, January 21, 1999, para. 69. Cf. Expert opinion of Regina Tamés Noriega provided by affidavit on May 11, 2022 (evidence file, fs. 2380 – 2381) and UN Office of the High Commissioner for Human Rights. Preventable maternal mortality and morbidity and human rights, UN Doc. A/HRC/14/39, April 16, 2010, para. 6. 77 Cf. Office of the UN High Commissioner for Human Rights. Technical guidance on the application of a human rights-based approach on the implementation of policies and prorammes reduce preventable mortality and morbidity, UN Doc. A/HRC/21/22, July 2, 2022, para. 3 and World Health Organization. Maternal mortality: helping women off the road to death. WHO Chronicle, vol. 40 (1986), pp. 175–183. 78 Cf. Office of the UN Commissioner for Human Rights. Preventable maternal mortality and morbidity and human rights, UN Doc. A/HRC/14/39, April 16, 2010, para. 6. 79 80 Special Rapporteur on violence against women, its causes and consequences. Policies and practices that impact the reproductive rights of women and contribute to, cause or constitute violence against women. E/CN.4/1999/68/Add.4, January 21, 1999, para. 70. 20