and her health is stable despite her pregnancy and the diseases from which she
suffers”;
xv)
“Despite the foregoing, the fact that [B.] is stable at this time does not mean
that the risk implicit in her medical history – which has been classified as severe and
exceptional – has disappeared, owing to the unpredictable behavior of the underlying
disease from which she suffers (SLE) and the biological changes that her body may
undergo in the final stages of pregnancy during which the probability of the medical
complications that she suffered during her first pregnancy is increased, or others may
occur. Added to this, the anencephaly of the fetus that she is carrying may also, in the
future, be the cause of obstetric complications”;
xvi) “Therefore, it should be made clear that the actual absence of especially severe
symptoms or complications in the health of [B.] – according to examinations that were
incorporated into this proceeding – is not necessarily a permanent situation that will not
vary over the course of time and, for this reason, the defendant health authorities are
obliged to continue monitoring the petitioner’s health and to provide her with the
treatment that, at all times, is appropriate for her medical condition, as well as to
implement the procedures that, according to medical science, are considered essential
to deal with any future complications that may occur,” and
xvii) “This Chamber maintains that the rights of the mother cannot be privileged over
those of the unborn child or vice versa; in addition, that there is an absolute
impediment to authorize the practice of an abortion, because this runs counter to the
constitutional protection that is granted to the human being “from the moment of
conception” (art. 1, para. 2). While respecting these requirements, the circumstances
that authorize the medical intervention and the appropriate moment for this are
decisions that correspond strictly to the medical professionals who must assume the
risks involved in the exercise of their profession.”
11.
Bearing in mind the background information indicated above, the Court will now
analyze the requirements established in Article 63 of the Convention; namely, extreme
gravity and urgency, and the possibility of irreparable damage. However, before this, the
Court recalls that the adoption of urgent or provisional measures does not presuppose or
involve an eventual decision on the merits of the matter if the case should be submitted to
the consideration of the Court, or prejudge the State’s responsibility for the facts
denounced. 18
12.
Regarding the first requirement, the Court underscores that all the medical reports
cited have emphasized the severity of the health situation of B. Indeed, the disease from
which B. suffers, added to the other medical conditions that she has and the fact that she is
pregnant, can result in a series of medical complications and even death (supra considering
paragraph 8). Indeed, the Court observes that, on April 22, 2013, the Latin American
Center for Perinatology, Women and Reproductive Health” of the Pan-American Health
Organization indicated that B. had [systemic lupus erythematosus] with exacerbated
symptoms as of the first trimester of the pregnancy, and with two added complications of
lupus nephrosis and hypertension, which have been treated to date with numerous
medicines that could jeopardize her health [and, t]herefore, she has a high risk of dying,”
and also that “the patient suffers from lupus nephritis; namely, one of the highest causes of
18
Cf. Matter of James et al. Provisional measures with regard to Trinidad and Tobago. Order of the
President of the Inter-American Court of Human Rights of July 13, 1998, sixth considering paragraph, and Matter
of L.M., Provisional measures with regard to Paraguay. Order of the Court of July 1, 2001, twenty-second
considering paragraph.
11