3
Articles 1.1 and 2 of the said instrument, to the detriment of Gretel
Artavia Murillo, Miguel Mejía Carballo, Andrea Bianchi Bruno, German
Alberto Moreno Valencia, Ana Cristina Castillo León, Enrique Acuña
Cartín, Ileana Henchos Bolaños, Miguel Antonio Yamuni Zeledón, Claudia
María Carro Maklouf, Víctor Hugo Sanabria León, Karen Espinoza Vindas,
Héctor Jiménez Acuña, Maria del Socorro Calderón P., Joaquina Arroyo
Fonseca, Geovanni Antonio Vega, Carlos E. Vargas Solórzano, Julieta
González Ledezma and Oriester Rojas Carranza.
b) The violation of the right established in Article 24 of the American
Convention in conection with the obligations established in Articles 1.1
and 2 of the said instrument to the detriment of Gretel Artavia Murillo,
Miguel Mejía Carballo, Andrea Bianchi Bruno, German Alberto Moreno
Valencia, Ana Cristina Castillo León, Enrique Acuña Cartín, Ileana
Henchos Bolaños, Miguel Antonio Yamuni Zeledón, Claudia María Carro
Maklouf, Víctor Hugo Sanabria León, Karen Espinoza Vindas, Héctor
Jiménez Acuña, Maria del Socorro Calderón P., Joaquina Arroyo
Fonseca, Geovanni Antonio Vega, Carlos E. Vargas Solórzano, Julieta
González Ledezma and Oriester Rojas Carranza.
The Commission is therefore requesting that the Inter-American Court order
the following reparations:
a)
Lift the ban on in vitro fertilization in the country through the necessary legal procedures.
b)
Ensure that the regulations governing the practice of in vitro fertilization issued once the
prohibition is lifted are compatible with the State’s obligations pertaining to the rights
recognized in Articles 11.2, 17.2, and 24, as established throughout the report; and
especially that the persons and/or couples that so request and desire it may have access
to in vitro fertilization techniques, in such a way that said treatment contributes
effectively to fulfilling its purpose.
c)
Make full reparations to the victims in the present case, to include pecuniary and nonpecuniary damages and measures of satisfaction for the harm done.
In addition to the need to get justice for the victims in the instant case, the
IACHR observes that this case raises issues of inter-American ordre public.
The victims in the instant case are not the only ones affected by the general
ban on the practice of in vitro fertilization in Costa Rica. The ban has raised the
question of the scope and content of the rights recognized in articles 11 and 17 of
the American Convention. Specifically, the instant case is an opportunity for the
Court to examine the protection of the right to found a family, in the sense of
deciding to become a biological parent and then having access to the means
necessary for that right to be exercised. The Court will also be able to declare that
the decision to found a family is one of the most private decisions that an individual
and/or couple makes and is the exclusive purview of each individual and/or couple.
As this case directly concerns the scope and content of Convention articles
11 and 17, it necessitates a juridical analysis of the international standards that
must be taken into account when examining permissible restrictions on the exercise
of the right to a private and family life and the right to found a family, in a