free development of the persona. 341 In addition, it is related to: (i) reproductive autonomy, and (ii) access to reproductive health services.342 205. Even though personal health data is not explicitly established in Article 11 of the Convention, this is information that described the most sensitive or delicate aspects of an individual, so that it should be understood as protected by the right to privacy. 343 Information on an individual’s sex life should also be considered as personal and highly sensitive.344 206. Based on the right to privacy and the right to health, everyone has the right to the confidentiality of medical attention and the protection of their health data. As a result of this protection, the information that physicians obtain in the exercise of their profession must not be disclosed and is protected by professional secrecy. 345 This includes both the information shared by the patient while being treated, and also the physical evidence that the medical staff may observe while providing this treatment. Thus, physicians have a right and a duty to ensure the confidentiality of the information to which they have access in their capacity as physicians.346 This obligation to respect professional secrecy has been recognized in various instruments on medical ethics, including the Hippocratic oath,347 the Universal Declaration on Bioethics and Human Rights,348 the Declaration of Geneva adopted by the World Medical Association in 1948,349 the International Code of Medical Ethics350 and the Declaration of Lisbon on the Rights of the Patient.351 207. Nevertheless, the confidentiality of medical care and the protection of health data is not an absolute right and, therefore, may be restricted by States provided that the interference is not abusive or arbitrary; accordingly, this must be established by law, pursue a legitimate purpose and be necessary in a democratic society.352 Similarly, there are exceptions to the obligation of physicians to respect professional secrecy.353 Cf., Mutatis mutandis, Case of Gelman v. Uruguay. Merits and reparations. Judgment of February 24, 2011. Series C No. 221, para. 97, and Case of I.V. v. Bolivia, supra, para. 152. 341 342 Case of Artavia Murillo et al. (In vitro fertilization) v. Costa Rica, supra, para. 146. ECHR, Case of L.H. v. Latvia, No. 52019/07. Judgment of April 29, 2017, para. 56; ECHR, Case of Y.Y. v. Russia, No. 40388/06. Judgment of February 23, 2016, para. 38, and ECHR, Case of Radu v. The Republic of Moldova. No. 50073/07. Judgment of April 15, 2014, para. 27. 343 344 ECHR, Case of Mockuté v. Lithuania, No. 66490/09. Judgment of February 27, 2018, para. 95. Case of De La Cruz Flores v. Peru. Merits, reparations and costs. Judgment of November 18, 2004. Series C No. 115, para. 97, and Case of Pollo Rivera et al. v. Peru. Merits, reparations and costs. Judgment of October 21, 2016. Series C No. 319, para. 237. 345 346 347 Case of De La Cruz Flores v. Peru, supra, para. 101, and Case of Pollo Rivera et al. v. Peru, supra, para. 237. Cf. Expert opinion provided by affidavit by Oscar A. Cabrera on March 6, 2021 (evidence file, folio 4017). Cf. UNESCO General Conference, Universal Declaration on Bioethics and Human Rights, October 19, 2005, Article 9. 348 349 Cf. Geneva Declaration, supra. 350 Cf. International Code of Medical Ethics of the World Medical Association, supra. Declaration of Lisbon on the Rights of the Patient of the World Medical Association, adopted by the 34th World Medical Assembly, Lisbon, Portugal, September/October 1981, and amended by the 47th WMA General Assembly, Bali, Indonesia, September 1995, and editorially revised by the 171st WMA Council Session, Santiago, Chile, October 2005, and reaffirmed by the 200th WMA Council Session, Oslo, Norway, April 2015, Principle 8. 351 Mutatis mutandis, Case of Tristán Donoso v. Panama. Preliminary objection, merits, reparations and costs. Judgment of January 27, 2009. Series C No. 193, para. 56, and Case of Escher et al. v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of July 6, 2009. Series C No. 200, para. 116. 352 See, for example, International Code of Medical Ethics of the World Medical Association, supra, and Declaration of Lisbon on the Rights of the Patient of the World Medical Association, supra, Principle 8. 353 60