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reproductive health issue on which the Inter-American Court has not yet established
any case law.
The instant case also includes a legal analysis of the international standards
on the right to equality and non-discrimination from two different perspectives: on
the one hand, the responsibility the State has incurred by having denied a group of
persons access to a treatment that would have enabled them to overcome a
disadvantage they had in terms of the possibility of having their own biological
children; on the other, the disproportionate impact that a measure of this kind has
on women. These two perspectives will enable the Court to build up its case law
on the subject of equality and non-discrimination.
Because these issues affect inter-American ordre public, in keeping with
Article 35(1)(f) of the Inter-American Court’s Rules of Procedure the Commission is
offering the following expert witnesses:
1. Fernando Zegers-Hochschild, who will give testimony concerning the
assisted reproductive technique of in vitro fertilization, describing and comparing the
technique and procedures used.
2. An expert whose name will be reported in due course, who will testify
about and compare the various regulations governing the assisted reproductive
technique of in vitro fertilization.
3. Paola Bergallo, who will testify about the international standards on
reproductive rights, particularly on arbitrary interferences in private and family life
and the principles of equality and non-discrimination. The expert will also discuss
what the implications of a State’s ban on the practice of in vitro fertilization are in
light of those standards.
4. Paul Hunt, who will give testimony about the concept of
“disproportionate impact” as a violation of the principle of equality and nondiscrimination, and how the concept of “disproportionate impact” applies to women
when their exercise of their reproductive rights is unduly restricted.
The curricula vitae of the experts proposed will be included in the annexes to
merits report 85/10.
The Commission is advising the Inter-American Court that through a number
of communications received in September 2010, subsequent to notification of
report 85/10, the petitioner supplied information related to the individual victims
named in that report, and persons who were not parties to Case 12,361.
Responding to that information, by a communication dated October 20, 2010 the
IACHR informed the petitioner that the only information that would be included in
the file for future purposes would be that pertaining to the individuals identified by
name in report 85/10. Some of the information supplied by the petitioner concerns
cases that are still in process with the IACHR.