Table of Contents
I INTRODUCTION OF THE CASE AND THE CAUSE OF ACTION
II PROCEEDINGS BEFORE THE COURT
III JURISDICTION
IV RECOGNITION OF INTERNATIONAL RESPONSIBILITY
4
5
6
6
A.
6
B.
Recognition of responsibility by the State and observations of the Commission and the representative
Considerations of the Court
B.1
B.2
B.3
B.4
The facts
The issues of law
The eventual reparations
Assessment of the scope of the recognition of responsibility
7
7
7
7
8
V EVIDENCE
8
A.
8
Admissibility of the documentary evidence
B.
Admissibility of the testimonial and expert evidence
VI FACTS
9
9
A.
9
B.
The death of Cristina Brítez Arce
Proceedings regarding the death of Ms. Brítez Arce
B.1
B.2
B.3
B.4
B.5
Case No. 2,391
Case No. 21,375/96
Case 27,985/98
Civil proceedings for damages. File 42,229/94
Case No. 27,080/2011
VII MERITS
VII-1 RIGHTS TO LIFE, TO PERSONAL INTEGRITY AND TO HEALTH, READ IN
CONJUNCTION WITH ARTICLE 1(1) OF THE AMERICAN CONVENTION
A.
B.
14
14
Arguments of the parties and of the Commission
14
Considerations of the Court
14
B.1 Provision of health services during pregnancy, childbirth and post-partum period and guarantee
of the rights to life and to personal integrity
15
B.2 Analysis of this specific case
24
B.3 Conclusion
26
VII-2 RIGHTS TO PERSONAL INTEGRITY, PROTECTION OF THE FAMILY AND
RIGHTS OF THE CHILD, READ IN CONJUNCTION WITH ARTICLE 1(1) OF THE
AMERICAN CONVENTION
A.
10
10
11
12
13
14
Arguments of the parties and of the Commission
26
26
B.
Considerations of the Court
VIII REPARATIONS
26
28
A.
Injured party
29
B.
Measures of Rehabilitation
29
C.
Measures of Satisfaction
29
2