view, now at this stage of the pregnancy, [should it be required,] it would be necessary to
effect an immature birth by caesarean section,” and added that “a vaginal birth cannot be
induced because the patient has had a previous caesarean section with a short period
between pregnancies, and there is a risk of rupture of the uterus with the respective severe
complications.” 24
17.
Based on all the above, the Inter-American Court considers that all the requirements
have been met to adopt provisional measures in favor of B. in this matter. Therefore, the
Court decides that the State must adopt and guarantee, urgently, all the necessary and
effective measures so that the medical personnel who are treating B. can take, without
interference, the medical measures they consider opportune and desirable to ensure due
protection of the rights established in Articles 4 and 5 of the American Convention and, in
this way, avoid any damage that could be irreparable to the rights to the life, personal
integrity and health of B. In this regard, the State must take the necessary steps to ensure
that B. is attended by the doctors of her choice. 25
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority under Article 63(2) of the American Convention and Article 27 of
its Rules of Procedure,
DECIDES:
1.
To require the State of Salvador to adopt and guarantee, urgently, all the necessary
and effective measures so that the medical team who are treating B. can take, without any
interference, the medical measures they consider opportune and desirable to ensure due
protection of the rights established in Articles 4 and 5 of the American Convention and, in
this way, avoid any damage that could be irreparable to the rights to the life, personal
integrity and health of B, as indicated in considering paragraphs 11 to 17 of this Order.
2.
To require the State to provide information to the Inter-American Court, by June 7,
2013, at the latest, with regard to the decision in the first operative paragraph of this
Order.
3.
To require the representatives and the Inter-American Commission to present to the
Inter-American Court any observations they consider pertinent about the report mentioned
in the second operative paragraph of this Order within two weeks.
4.
To require the State to provide information to the Inter-American Court every two
weeks starting on June 7, 2013, about the provisional measures adopted in compliance
with this decision.
24
Report presented by the Ministry of Health and incorporated into the State’s report of May 17, 2013 (file
of request for provisional measures, annex 13).
25
Cf. Case of Cesti Hurtado. Provisional measures with regard to Peru. Order of the President of the InterAmerican Court of Human Rights of January 21, 1998, sixth considering paragraph and second operative
paragraph, and Matter of María Lourdes Afiuni, Provisional measures with regard to Venezuela. Order of the
President of the Inter-American Court of Human Rights of December 10, 2010, twelfth considering paragraph.
14