submitted to the Legislative Assembly in 2010 to try and regulate IVF. 107 Among other
elements, the bill was based on the protection of all human rights from the moment of
fertilization 108 and established that IVF could only be practiced “if all eggs fertilized during a
treatment cycle are transferred to the woman who produced them.” 109 Furthermore, it
prohibited “the reduction or destruction of embryos.” 110 In addition, the bill established that
“whoever, when applying the [IVF] technique, destroys or reduces or in any other way
causes the death of one or more embryos, shall be punished with one to six years’
imprisonment.” 111 The Court observes that the bill was not approved. 112 For its part, the
Pan-American Health Organization (PAHO) criticized the bill and emphasized the “risks of
multiple pregnancies that may occur when all the eggs fertilized in a treatment cycle are
transferred to the woman who produced them, which also increases the risk of spontaneous
abortions, obstetric complications, premature births and neonatal morbidity.” 113 The PAHO
indicated that the “transfer to a woman of all embryos produced in each treatment cycle,
including the defective ones, may endanger the woman’s right to life, and even cause a
therapeutic abortion which, in turn, negatively affects the enjoyment of the right to health
and other related human rights that have been agreed on by PAHO member States.” 114
F) Specific situation of the presumed victims
F.1)
Grettel Artavia Murillo and Miguel Mejías Carballo
85.
Grettel Artavia Murillo and Miguel Mejia Carballo were married on December 13,
1993. 115 A work-related accident in 1985 when he was 19 years of age had left Mr. Mejia
permanently paraplegic; 116 the couple therefore decided to seek medical help.
86.
Their doctor diagnosed that the couple would be unable to procreate naturally; thus,
it was impossible to achieve a pregnancy without medical assistance. Accordingly, they
underwent eight artificial insemination treatments. 117 To cover the cost of the
107
Cf. Bill on in vitro fertilization and embryo transfer, File 17,900, October 22, 2010 (file of annexes to the
answering brief, volume IX, folios 11055 a 11068).
108
Cf. Article 6 of the bill on in vitro fertilization and embryo transfer, File 17,900, October 22, 2010 (file of
annexes to the answering brief, volume IX, folios 11055 a 11068).
109
Cf. Article 8 of the bill on in vitro fertilization and embryo transfer, File 17,900, October 22, 2010 (file of
annexes to the answering brief, volume IX, folio 11064).
110
Cf. Article 8 of the bill on in vitro fertilization and embryo transfer, File 17,900, October 22, 2010 (file of
annexes to the answering brief, volume IX, folio 11064).
111
Cf. Article 19 of the bill on in vitro fertilization and embryo transfer, File 17,900, October 22, 2010 (file of
annexes to the answering brief, volume IX, folios 11055 a 11068).
112
Cf. The State’s answer to the application (answering brief file, volume III, folio 1007).
113
Pan-American Health Organization, Technical opinion of the Pan-American Health Organization/ World
Health Organization (PAHO/WHO) regarding the content of the Costa Rican bill on in vitro fertilization and embryo
transfer in the context of the human right to health (file of annexes to the merits report, volume II, folio 835).
114
Pan-American Health Organization, Technical opinion of the Pan-American Health Organization/World
Health Organization (PAHO/WHO) regarding the content of the Costa Rican bill on in vitro fertilization and embryo
transfer in the context of the human right to health, folio 835.
115
Cf. Certification of the Civil Registry of December 14, 2011 (file of annexes to the pleadings and motions
brief, volume I, folio 4074).
116
Mr. Mejías indicated that “an embankment beside the construction buried [him] and when they were able
to extract [him, he] was completely paraplegic (T-10 to T12), and was told that he would never be able to walk
again, because he had suffered a spinal cord injury.” Testimony of Miguel Mejías Carballo at the public hearing held
in this case.
117
Brief of Ms. Artavia and Mr. Mejías of December 19, 2011 (file of annexes to the pleadings and motions
briefs, volume I, folio 4075).