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Articles 11(2) and 17(2) of the Convention.” Regarding the inexistence of discrimination de iure, the
State indicated that Bolivian law on the provision of health services was not exclusive, and
furthermore, there was no discrimination whatsoever or discriminating criteria in the regulations on
choice and informed consent (Health Regulation MSPS 4-98), or in the surgical protocols applied in
this specific case. Consequently, it argued that “there is no provision whatsoever in relation to
reproductive health that, based on discrimination, limits the exercise of the reproductive rights of
women.” In addition, the State argued the inexistence of discrimination de facto, because the “the
medical personnel performed their tasks professionally, and without making any distinctions to the
detriment of I.V.” It argued that actions, such as the performance of the caesarean section to protect
her life and that of the baby, were carried out in accordance with the patient’s needs. Therefore, in
its opinion, there was no record showing that the alleged numerous forms of discrimination existed,
based on the fact that I.V. was a woman, a migrant, and with scarce financial resources, because
she was provided with every possibility of access to health care services, and the respective controls
to protect her maternal health.
141. Regarding the supposed existence of a systematic pattern of forced sterilization, the State
indicated that tubal ligation “can never be classified as a practice of forced sterilization based on
discriminatory criteria, seeking to portray the State as a violator of human rights, as if its actions
were aimed at arbitrarily limiting the reproductive freedom of women through a mass, obligatory and
systematic government birth control policy, an argument that [… it] reject[ed]] because it was totally
divorced from reality.” It also argued that, the instant case “absolutely cannot be compared to the
acts of forced sterilization [that occur in other countries and] that, based on a poverty control policy,
take away the right of women to decide if and when to have children, thus affecting the country’s
marginalized and indigenous communities […].”
142. Lastly, the State rejected the facts alleged in this case, because they did not accord with the
provisions of Articles 17(2) and 11(2), in relation to Article 1(1) of the Convention, since “the
presumed violation of I.V.’s family life was not the result of a specific act or omission of the State to
this end, but rather the result of a free, voluntary and rational decision not to conceive more
children.” Accordingly, the State asked the Court to declare that the State had not violated the said
provisions.
A.6 Arguments on the right of women to a life free from violence (Article 7 of the
Convention of Belém do Pará)
143. The Commission considered that non-consensual sterilization also violated I.V.’s right to live
free of all forms of violence in violation of Article 7 of the Convention of Belém do Pará. In this regard,
the Commission argued that “performing a non-consensual sterilization causes the woman concerned
pain and suffering and constitutes a form of violence, with ongoing physical and psychological
consequences for her reproductive health.” It indicated that this had been expressly recognized in the
laws of several Latin American countries, such as Argentina and Venezuela, which classified forced
sterilization as a form of obstetric or autonomous violence. In the instant case, the Commission
argued that, as a result of her sterilization. I.V. had been prevented, permanently, from exercising
her reproductive autonomy to decide freely and responsibly on the number and spacing of her
children using the methods available to facilitate that right. On this basis, the Commission concluded
that, in this regard, the State had violated the obligation to refrain from any act or practice of violence
against women in violation of the obligations established in Article 7 of the Convention of Belém do
Pará.
144. The representative agreed with the legal grounds and conclusions set forth by the
Commission in its Merits Report in relation to the violation of Article 7 (a, b, c, f and g) of the
Convention of Belém do Pará.