admissibility of arguments related to the factual framework in order to safeguard the
procedural equality of the parties. 218
132. The Court notes that the Commission did not allege the context mentioned by
representative Molina. However, the facts used by the representative to allege this context
were described by the Inter-American Commission in its Merits Report. In this regard, the
Court considers that the representative did not provide sufficient information or arguments
to allow it to be considered that this case falls within the framework of “a State policy”
against IVF and “any other method of assisted reproduction” in Costa Rica. Therefore, the
Court considers that this case is not related to the alleged “State policy” presented by
representative Molina. Notwithstanding the above, it will take into account the facts
described by the representative when analyzing the merits.
133. In relation to the violations alleged by the two representatives on the interference of
the media and society in the private life of the presumed victims, regarding which the State
filed a preliminary objection (supra para. 40), the Court observes that the facts that support
this argument were not included in the merits report issued by the Commission; therefore,
they will not be considered part of the factual framework of the case.
134. Lastly, the Court underscores that the State presented general arguments related to
the presumed effects or problems that IVF could cause in relation to: (i) potential risks that
the practice could have for women; (ii) alleged psychological effects on couples who seek
this treatment; (iii) presumed genetic risks to the embryos and the children born as a result
of the treatment; (iv) the alleged risk of multiple births; (v) the supposed problems
resulting from cryoconservation of embryos, and vi) the possible legal problems and
dilemmas that could arise from the application of the technique.
135. In this regard, the Court considers that although the State produced evidence and
arguments regarding the above, in order to analyze their merits, the Court will only take into
account the evidence and allegations related to the arguments explicitly used in the
reasoning of the Constitutional Chamber’s judgment. Thus, and based on the subsidiary
nature of the inter-American system, 219 the Court is not competent to decide disputes that
were not taken into account by the Constitutional Chamber to support the judgment that
declared Executive Decree No. 24029-S unconstitutional.
VIII
RIGHT TO PRIVATE AND FAMILY LIFE AND RIGHT TO PERSONAL INTEGRITY IN
RELATION TO PERSONAL AUTONOMY, SEXUAL AND REPRODUCTIVE HEALTH,
THE RIGHT TO ENJOY THE BENEFITS OF SCIENTIFIC AND TECHNOLOGICAL
PROGRESS AND THE PRINCIPLE OF NON-DISCRIMINATION
136. In this chapter, the Court will determine, first, the scope of the rights to privacy and
to family life, and their relationship with other treaty-based rights, as relevant to settling
the dispute (A). Next, it will analyze the effects of the ban on IVF (B). Then, it will interpret
Article 4(1) of the American Convention as relevant to this case (C). Finally, it will decide
218
Cf. Case of the Mapiripán Massacre v. Colombia. Merits, reparations and costs. Judgment of September
15, 2005. Series C No. 134, para. 58, and Case of Vélez Restrepo and family v. Colombia, para. 47.
219
Cf. Case of Acevedo Jaramillo et al. v. Peru. Interpretation of the Judgment on preliminary objections,
merits, reparations and costs. Judgment of November 24, 2006. Series C No. 157, para. 66, and Case of Cabrera
García and Montiel Flores v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of November
26, 2010. Series C No. 220, para. 16.