9.
Amicus Curiae. – The Court received an amicus curiae brief presented by the Center for
Reproductive Rights.7
10. Final written arguments and observations. – On June 16, 2022, the State presented its final
written observations and, on the following day, the Commission and the representative submitted
their final written observations and final written arguments, respectively.
11. Evidence and information to facilitate adjudication. – On June 24, 2022, the Court requested
that the State provide information and statistics, as of 1992, on the treatment of obstetrical
emergencies and maternal mortality. On July 14, 2022, the State presented the evidence
requested by the Court. The representative sent his observations on August 9, 2022. The
Commission did not present observations on that evidence.
12. Deliberation on the case. – The Court deliberated this judgment during a virtual session
held on November 16, 2022.8
III
JURISDICTION
13. The Court has jurisdiction to hear this case, pursuant to the terms of Article 62(3) of the
Convention inasmuch as Argentina ratified the American Convention on Human Rights on
September 5, 1984 and recognized the Court’s contentious jurisdiction on that same date. It also
has jurisdiction to hear violations of the Convention of Belém do Pará that occurred or continued
to occur on or after July 5, 1996, date on which Argentina ratified that treaty.
IV
RECOGNITION OF INTERNATIONAL RESPONSIBILITY
A. Recognition of responsibility by the State and observations of the Commission
and the representative
14. The State recognized its international responsibility and stated that it accepted “the
considerations of facts and of law contained in the Report on the Merits.” It requested that the
Court accept the recognition, order the pertinent reparations and deny the other reparations
requested by the Commission. It argued that “the current Government of Argentina has the
objective of restoring its traditional policy of cooperation with the inter-American system, that it
does not identify with obstinately defending the acts of the State, but rather in administering its
interests through proper legal standards and with a human rights focus, ensuring that the victims
be repaired.”
15. It pointed out that it has adopted diverse political policies to put into practice a solid legal
framework that protects the right of women in general, pregnant women and their children to
enjoy the highest attainable standard of health, especially regarding care before, during and after
childbirth and that, due to the changing circumstances over the past 20 years, the guarantee of
non-repetition would not have a transforming impact on what has already been demonstrated in
the work of the competent authorities. The State also underscored that in 2019 Argentina
achieved the lowest rate of maternal mortality during the period 2009-2019, which is two
The brief was signed by Catalina Martínez Coral, Carmen Cecilia Martínez, Edward Pérez, María Fernanda
Perico and Stephanie López. It refers to the obligations of the States and of the health institutions to take measures
to prevent, investigate and eradicate acts of obstetric violence that are committed against women.
7
8
This judgment was deliberated and adopted during the 154th Regular Session, which was held virtually using
technological means in accordance with the Rules of the Court.
6