323. The Court will determine measures that seek to repair the pecuniary and nonpecuniary damage, and will establish measures of public scope or repercussion. 493
International case law, and specifically that of the Court, has repeatedly established that the
judgment constitutes per se a form of reparation. 494 However, considering the
circumstances of the case sub judice, and based on the effects on the victims, as well as the
intangible and non-pecuniary consequences of the violations of the Convention declared to
their detriment, the Court finds it pertinent to establish measures of rehabilitation and
satisfaction and guarantees of non-repetition.
B)
Measures of rehabilitation and satisfaction and guarantees of non-repetition
B.1) Measures of psychological rehabilitation
Arguments of the parties
324. Representative Molina asked the Court to “order the State to provide psychological
and/or psychiatric treatment to the victims who so wish, with trained professionals for the
specific damage to their life project.”
325. The State argued that this measure “should be rejected, given that […] the Costa
Rican social security system already provides the service of psychological and psychiatric
support and treatment to patients who have fertility problems.”
Considerations of the Court
326. The Court has indicated that this case is not related to a presumed right to have
children or a right to have access to IVF. To the contrary, the case has focused on the
impact of a disproportionate interference in decisions regarding private and family life, and
the other rights involved, and the impact that this interference had on mental integrity.
Consequently, the Court finds, as it has in other cases, 495 that it is necessary to establish a
measure of reparation that provides adequate attention to the psychological problems
suffered by the victims, addressing their specific needs, provided they have requested this.
The Court observes different problems suffered by the victims owing to the arbitrary
interference in access to an assisted reproduction technique. Therefore, having verified the
violations and the damage suffered by the victims in this case, the Court establishes the
State’s obligation to provide them with the psychological treatment they require, free of
charge and immediately, for up to four years. In particular, the psychological treatment
must be provided by State institutions and personnel specialized in attending victims of
events such as those that occurred in this case. When providing this treatment, the specific
circumstances and needs of each victim should also be considered, so that they are
provided with family and individual treatment, as agreed with each of them, after an
individual assessment. 496 The treatments must include the provision of medicines and, if
493
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs. Judgment
of May 26, 2001. Series C No. 77, para. 84, and Case of Vélez Restrepo and family v. Colombia, para. 259.
494
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs. Judgment of September 19, 1996. Series C
No. 29, para. 56, and Case of Vélez Restrepo and family v. Colombia, para. 259.
495
Cf. Case of Barrios Altos v. Peru. Reparations and costs. Judgment of November 30, 2001. Series C No.
87, para. 42 and 45 and Case of the Río Negro Massacres v. Guatemala, para. 287.
496
Cf. Case of the 19 Tradesmen v. Colombia. Merits, reparations and costs. Judgment of July 5, 2004. Series C
No. 109, para. 278, and Case of the Barrios Family v. Venezuela. Merits, reparations and costs. Judgment of
November 24, 2011. Series C No. 237, para. 329.