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A. A high degree of consistency and congruence exists between the suffering that subsists owing to the nonconsensual sterilization and her desire to have at least one more child.
B. A high degree of consistency and congruence exists between the suffering and the need for justice to be
done because this is a case of a “man-made disaster.”
C. A high degree of consistency and congruence exists between the injustice suffered owing to the physician’s
abuse of power and the desire that the abuser be condemned.
D. A high degree of consistency and congruence exists between [I.V.’s] search for justice and a public
acknowledgement of the harm caused. A temporal relationship exists between the facts suffered and the current
psychological symptoms; particularly, the persistent anguish owing to the desire for a future maternity that has
been curtailed by external forces.
E. The mental reactions noted are foreseeable or typical reactions in the affected person’s social and cultural
context.
F. A high degree of consistency and congruence exists between what [I.V.] has suffered and her wish to
contribute to the efforts to ensure that this type of abuse is not repeated.
G. There is clinical and diagnostic evidence of effects on her mental state.
VIII
MERITS
117. In this chapter, the Court will address the merits of the case. The Court finds it pertinent,
owing to the different legal arguments presented and the fact that many of them are interrelated, to
divide the analysis into three sections. First, the Court will examine all the arguments concerning the
alleged violations relating to the tubal ligation procedure to which I.V. was subjected. Then, the Court
will address the arguments relating to the possible constitution of an act of torture or cruel, inhuman
or degrading treatment. Lastly, the Court will examine all the arguments related to the right of access
to justice.
motions, pleadings and evidence, folios 2363 to 2384).