woman is exacerbated and can lead to unstable marriage, domestic violence, stigmatization and even ostracism.” 464 According to data from the Pan-American Health Organization, there is a gender gap with regard to sexual and reproductive health, because ailments related to sexual and reproductive health affect around 20% of women and 14% of men. 465 297. The Committee on the Elimination of Discrimination against Women has indicated that, when a decision to postpone “[s]urgery due to pregnancy is influenced by the stereotype that protection of the fetus should prevail over the health of the mother,” this is discriminatory. 466 The Court considers that the instant case reveals a similar situation of the influence of stereotypes, in which the Constitutional Chamber gave absolute prevalence to the protection of the fertilized eggs without considering the situation of disability of some of the women. 298. Meanwhile, expert witness Neuburger explained that “[t]he gender identity model is socially defined and molded by the culture; its subsequent naturalization responds to socioeconomic, political, cultural and historic determinants. According to these determinants, women are raised and socialized to be wives and mothers, to take care of and attend to the intimate world of affections. The ideal for women, even nowadays, is embodied in sacrifice and dedication, and the culmination of these values is represented by motherhood and the ability to give birth. […] A woman’s fertility is still considered by much of society to be something natural that admits no doubts. When a woman has fertility problems or is unable to become pregnant, the reaction of society tends to be skepticism, disgrace and, at times, even ill-treatment. […] The impact of infertility in women is usually greater than in men because […] motherhood has been assigned to women as an essential part of their gender identity, transformed into their destiny. The burden of their self-blame increased exponentially when the ban on IVF arose. […] The pressure of the family and society constitute an additional burden that increases the self-blame.” 467 299. In addition, although infertility can affect both men and women, the use of assisted reproduction technologies is especially related to a woman’s body. Even though the ban on IVF is not expressly addressed at women, and thus appears neutral, it has a disproportionately negative impact on women. 300. In this regard, the Court underlines that the initial IVF procedure (induction of ovulation) was interrupted for some of the couples; for example, the couples consisting of Ms. Artavia Murillo and Mr. Mejías Carballo (supra para. 87), Mr. Yamuni and Ms. Henchoz (supra para. 92), Ms. Arroyo and Mr. Vega (supra para. 108), Mr. Vargas and Ms. Calderón (supra para. 118) and Mr. Acuña and Ms. Castillo (supra para. 121). This type of interruption in the continuity of a treatment has a differentiated impact on women because interventions, such as ovary induction and other interventions destined to achieve the family project associated with IVF were being performed on their bodies. Moreover, women may resort to IVF without the need for a partner. The Court concurs with CEDAW when it has emphasized that it is necessary to consider “the health rights of women from the 464 Preamble, Current Practices and Controversies in Assisted Reproduction: Report of the meeting on "Medical, Ethical and Social Aspects of Assisted Reproduction", Geneva: WHO (2002) XV-XVII to XV. Cited in the affidavit provided by expert witness Paul Hunt (merits report, volume VI, folio 2206). 465 Cf. Pan-American Health Organization (PAHO), 'Chapter 2: Health Conditions and Trends’ in Health in the Americas 2007, Volume I Regional, Washington, 2007. Cited in the affidavit provided by expert witness Paul Hunt (merits report, volume VI). 466 Committee on the Elimination of Discrimination against Women, Case of L.C. v. Peru, Communication No. 22/2009, para. 8.15, Doc. UN CEDAW/c/50/D/22/2009 (2011). 467 Affidavit provided by expert witness Alicia Neuburger (merits report, volume V, folios 2519 and 2520).

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