Security Institute, incorporating the technological advances available nowadays in countries with more experience, which permit not only better statistical results of success with this treatment, but also increased safety for the patients who undergo the procedure.” 333. The State argued that “the Costa Rican Social Security Institute has a complete program of attention for those who have infertility problems, and the only procedure not offered at this time is [IVF].” Considerations of the Court 334. The Court recalls that the State must prevent the recurrence of human rights violations such as those that have occurred and, therefore, adopt all necessary legal, administrative and other measures to prevent similar events from occurring in the future, in compliance with its obligation of prevention and to guarantee the fundamental rights recognized by the American Convention. 497 335. In particular, and in accordance with Article 2 of the Convention, the State has the obligation to adopt the necessary measures to ensure the enjoyment of the rights and freedoms recognized in the Convention. 498 In other words, States have not only the positive obligation to adopt the necessary legislative measures to ensure the enjoyment of the rights established in the Convention, but must also avoid enacting those laws that prevent the free exercise of these rights, and avoid the elimination or amendment of laws that protect them. 499 336. First, and taking into account the considerations in this Judgment, the pertinent State authorities must take the appropriate measures to ensure that the prohibition of the practice of IVF is annulled as rapidly as possible so that those who wish to use this assisted reproduction technique may do so without encountering any impediments to the exercise of the rights that this Judgment has found to have been violated (supra para. 317). The State must provide information on the measures taken in this regard within six months. 337. Second, the State must, as soon as possible, regulate those aspects it considers necessary for the implementation of IVF, taking into account the principles established in this Judgment. In addition, the State must establish systems for the inspection and quality control of the qualified professionals and institutions that perform this type of assisted reproduction technique. The State must provide information every year on the gradual implementation of these systems. 338. Third, in the context of the considerations made in this Judgment (supra paras. 285 to 303), the Costa Rica Social Security Institute must make IVF available within its health care infertility treatments and programs, in accordance with the obligation to respect and guarantee the principle of non-discrimination. The State must provide information every six months on the measures adopted in order to make these services available gradually to those who require them and on the plans that it draws up to this end. 497 Cf. Case of Velásquez Rodríguez. Merits, para. 166, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 221. 498 Cf. Case of Gangaram Panday v. Suriname. Preliminary objections. Judgment of December 4, 1991. Series C No. 12, para. 50, and Case of Furlan and family v. Argentina, para. 300. 499 Cf. Case of Gangaram Panday v. Suriname. Preliminary objections, para. 50, and Case of Furlan and family v. Argentina, para. 300.

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