72. Moreover, the Court recalls that the right to health during pregnancy, childbirth and postpartum, as an integral part of the right to the enjoyment of the highest attainable standard of
physical and mental health,81 must satisfy the elements of availability, acceptability, quality and
accessibility.82 The Court believes it necessary here to refer specifically to the component of
information accessibility. On this point, General Comment No. 22 of the Committee on Economic,
Social and Cultural Rights states:
Information accessibility includes the right to seek, receive and disseminate information and ideas
concerning sexual and reproductive health issues generally, and also for individuals to receive specific
information on their particular health status.83
73. Thus, under the minimum international obligations that govern health care, the Court finds
that women who are pregnant or in the post-partum or breast-feeding periods must be fully
informed on their medical condition and be assured of access to precise and timely information
on reproductive and maternal health during each stage of pregnancy. This information must be
based on scientific evidence, delivered without bias, free of stereotypes and discrimination,
including a plan for the birth at the health institution where the birth will take place, and the right
to maternal/child contact.84
74. Moreover, the Court has held that the lack of adequate medical care or problems of
accessibility to certain procedures may result in a violation of Article 5(1) of the Convention85 and
that, in the context of pregnancy, women may be subjected to prejudicial practices and specific
forms of violence, degrading treatment and even torture.86 The Special Rapporteur on torture
and other cruel, inhuman and degrading treatment has indicated that “[i]n many States women
seeking maternal health care face a high risk of ill-treatment, particularly immediately before and
after childbirth” and these abuses “range from extended delays in the provision of medical care,
such as stitching after delivery to the absence of anesthesia.”87
75. The Court has specifically ruled on violence during pregnancy, childbirth and afterwards in
accessing health services and has held that it is a violation of human rights and is a gender-based
form of violence called obstetric violence,88 which “encompasses all situations of disrespectful,
abusive, neglectful treatment or denial thereof that take place during the pregnancy, childbirth
or post-partum period, in private or public health facilities.”89
76. The Court recalls that, under Article 7 of the Convention of Belém do Pará, the States have
the duty to prevent, punish and eradicate violence against women and that they must abstain
81
Cf. UN Committee on Economic, Social and Cultural Rights. General Comment No. 22 (2016), para. 11.
Cf. Advisory Opinion OC-29/22, supra, para. 150 and UN Committee on Economic, Social and Cultural Rights.
General Comment No. 22 (2016), para. 11.
82
83
Cf. UN Committee on Economic, Social and Cultural Rights. General Comment No. 22 (2016), para. 18.
84
Cf. Mutatis mutandis. Advisory Opinion OC-29/22, supra, para. 158.
Cf. Case of the Girls Yean and Bosico v. Dominican Republic. Judgment of September 8, 2005. Series C No.
130, paras. 205 and 206 and Case of Manuela et al. v. El Salvador, supra, para. 183.
85
86
128.
Cf. Case of Manuela et al. v. El Salvador, supra, para. 200 and Advisory Opinion OC-29/22, supra, para.
87
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, UN Doc. A
/HRC/31/57, January 5, 2016, para. 47.
88
Cf. Advisory Opinion OC-29/22, supra, para. 160.
Inter-American Commission on Human Rights. Violence and discrimination against women and girls: Best
practices and challenges in Latin America and the Caribbean. OAS/Ser.L/V/II. Doc. 233, November 14, 2019, para.
181.
89
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