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representative requested: (i) for loss of or detriment to the earnings of I.V. over the last 15 years of
emotional instability and her personal commitment to obtain justice, which resulted in her being
unemployed for most of the time and made it impossible for her to obtain permanent, stable, reliable
and well-paid employment and to promote her life project, the sum of 308,772 bolivianos, equivalent
to US$44,363, and (ii) for health care expenses incurred by I.V., the sum of US$4,500.410 To this
end, she asked that the Court take into account as a minimum parameter for “some of the health
care expenses” incurred by I.V., the sum of US$1,088, calculated based on certifications from several
health care centers, pharmacy invoices, and medical fees, and (iii) for the expenses incurred in the
search to obtain justice before diverse administrative entities of the State, the sum of US$862. In
conclusion, with regard to the pecuniary damage caused to the victim and established under the
three headings described above, the representative requested the sum of US$49,725. However, she
also asked that “[i]f the Court […] did not agree with the calculation of the pecuniary damage
requested, […] it make a calculation based on the principle of equity, taking into account the amounts
mentioned and the parameters suggested.”
351. The representative requested the sum of US$400,000 for all the non-pecuniary damage
caused to I.V. and her two daughters, specifying US$300,000 for I.V. and a total of US$100,000 for
the two daughters. The representative indicated that, in addition to the psychological harm that the
victim experienced owing to the sterilization and judicial discrimination, she had to support and
confront social, psycho-social and family consequences as a result of the facts. Among these, the
representative underscored: (i) the disintegration of the relationship with her partner; (ii) the
abandonment of the care of her daughters owing to the need to advance the judicial proceedings at
the national and international levels; (iii) the alteration of her life project because she had to devote
her time to the judicial proceedings and psychological therapy, which meant that she was unable to
obtain stable, reliable and permanent employment; (iv) the fact that she had to cope with the
attempted suicide of her daughter N.V., who was overwhelmed by the circumstances arising from
her mother’s situation, and (v) the re-victimization, discrimination and stigmatization over the last
15 years because she had claimed her rights and would not remain silent and passive regarding all
that happened. Also, the representative asked that “[i]f the Inter-American Court did not agree with
the calculation of the non-pecuniary damage requested, […] it make a calculation based on the
principle of equity, taking into account the amounts mentioned.”
352. The State argued, with regard to the pecuniary damage, that the petition indicates that I.V.
decided to stop working to devote herself to her family, so it could not be claimed that the State was
responsible for the results of that choice. It also argued that it was not coherent to allege that with
two diplomas, one in hotel administration and the other in law, “she could only obtain ‘casual work’
that ‘did not last long’ owing to her health complications that, as the State has proved, cannot be
attributed to facts that took place in Bolivia, or because she had to devote her time to following up
on the criminal proceedings, in the understanding that she had a lawyer and, under no circumstances,
had to spend all her time on this.”
353. The State argued that “the sum requested by the representative (US$300,000) as reparation
for presumed non-pecuniary harm caused to I.V. is inadmissible, because the bilateral tubal ligation
procedure was performed with her consent.” The State argued that it was not responsible for repairing
the non-pecuniary harm suffered by I.V., because it was not caused either by its officials, or by indirect
actions carried out to the detriment of I.V., so that the ailments and supposed aftereffects that she
has at present cannot and should not be attributed to the State. In its final written arguments, the
Regarding the health care expenses, the representative presented a report on the minimum expenses incurred by I.V.,
which indicated that, despite attempts to recover the information lost during the incident, it was not possible to recover all
the information required to determine the specific items of expenditure. She therefore asked that the Court consider the other
medical services justified in annexes 11, 13, 14 to the Merits Report, the expense report presented, the parameters for medical
fees in the department of La Paz, and the expenditure that it had not been possible to justify.
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