THE COURT
DECIDES,
unanimously, to
1.
Accept the recognition of responsibility made by the State, pursuant to paragraphs 15 to
30 of this judgment, and
DECLARES,
unanimously, that:
2.
The State is responsible for violating the rights to life and personal integrity established in
Articles 4(1) and 5(1) of the American Convention, read in conjunction with Article 1(1) thereof,
to the detriment of Cristina Brítez Arce, pursuant to paragraphs 57 to 85 of this judgment.
By four votes in favor and two against, that:
3.
The State is responsible for violating the right to health established in Article 26 of the
American Convention, read in conjunction with Article 1(1) thereof, to the detriment of Cristina
Brítez Arce, pursuant to paragraphs 57 to 85 of this judgment.
Dissenting: Judges Humberto Sierra Porto and Patricia Pérez Goldberg.
unanimously, that:
4.
The State is responsible for violating the rights to judicial guarantees and to judicial
protection established in Articles 8(1) and 25(1) of the American Convention, read in conjunction
with Article 1(1) thereof, and Article 7 of the Convention of Belém do Pará, to the detriment of
Ezequiel Martín Avaro and Vanina Verónica Avaro, pursuant to paragraph 23 of this judgment.
unanimously, that:
5.
The State is responsible for violating the right to personal integrity, the right to protection
of the family and the rights of the child established in Articles 5(1), 17(1) and 19 of the American
Convention, read in conjunction with Article 1(1) thereof, to the detriment of Ezequiel Martín
Avaro and Vanina Verónica Avaro, pursuant to paragraphs 90 to 97 of this judgment.
AND ESTABLISHES,
unanimously, that:
6.
This judgment is, per se, a form of reparation.
7.
The State shall issue the publications ordered in paragraphs 108 and 109 of this judgment.
8.
The State shall design a publicity campaign on the rights related to pregnancy, labor and
post-partum and on the situations that may be cases of “obstetric violence,” as established in
paragraph 119 of this judgment.
35