inseminations, the couple applied for loans and mortgages; they mortgaged their home and
sold some of their belongings. 118 However, the artificial inseminations were unsuccessful. 119
87.
In February 2000, their doctor informed the couple that their last alternative to treat
their infertility would be to undergo IVF. One month later, on March 15, 2000, the
Constitutional Chamber of Costa Rica delivered the judgment that banned this practice in
the country. 120 The couple did not have the financial resources to travel abroad to undergo
the treatment. 121
88.
The couple divorced on March 10, 2001, and one of the reasons was the impossibility
of having biological children. 122
F.2)
Ileana Henchoz and Miguel Yamuni
89.
Miguel Antonio Yamuni Zeledón and Ileana Henchoz Bolaños were married on
February 22, 1992. 123 Their family unit included a daughter from Ms. Henchoz’s first
marriage. 124
90.
In 1994 they decided to have children. Starting in 1994 the couple underwent 16
artificial insemination treatments, which were unsuccessful. 125 In 1999, after undergoing
three more artificial inseminations with another doctor, as well as other tests, they received
the diagnosis that the only way they could have children was by IVF. 126 To this end, the
118
In this regard, Ms. Artavia indicated that “in order to meet the expenses, [her] former husband had to
take out loans and mortgages which he has still not been able to pay off completely.” Brief of Ms. Artavia and Ms.
Mejías of December 19, 2011 (file of annexes to the pleadings and motions brief, volume I, folio 4075).
Furthermore, Mr. Mejías declared that he “had already mortgaged [his] house, had spent all [his] savings so that
[they] could undergo in vitro fertilization in Costa Rica.” Statement by Miguel Mejías Carballo at the public hearing
held in this case.
119
Brief of Ms. Artavia and Mr. Mejías of December 19, 2011 (file of annexes to the pleadings and motions
brief, volume I, folio 4075). Similarly, Mr. Mejías indicated that they had undergone all the inseminations, but “they
were unsuccessful because there was a problem with [his wife’s] uterus.” Statement by Miguel Mejías Carballo at
the public hearing held in this case.
120
Mr. Mejías stated that, when his wife was operated on to resolve the problem she had with her uterus, and
when “she was well enough to undergo the technique of in vitro fertilization, and [they] were happy and content,
that was when it was banned and, to date, they have been unable to.” Statement by Miguel Mejías Carballo at the
public hearing held in this case.
121
On this point, Ms. Artavia indicated that, since the time the practice of IVF was banned, they had become
desperate and frustrated “owing to the impossibility of going abroad to undergo […] this technique because of the
lack of funds.” Brief of Ms. Artavia and Mr. Mejías of December 19, 2011 (file of annexes to the pleadings and
motions brief, volume I, folio 4076). Similarly, statement by Miguel Mejías Carballo during the public hearing held
in this case.
122
Brief of Ms. Artavia and Mr. Mejías of December 19, 2011 (file of annexes to the pleadings and motions
brief, volume I, folio 4077) and Divorce certificate of March 10, 2011 (file of the State’s annexes, volume VIII,
folios 10269 to 10285).
123
Cf. Certification of the Civil Registry of December 6, 2011 (file of annexes to the pleadings and motions
brief, volume V, annex XXIX, folio 5902).
124
Statement by Ileana Henchoz Bolaños at the public hearing in this case.
125
In this regard, Ms. Henchoz Bolaños indicated that “a doctor recommended [that they] undergo artificial
insemination; [they] underwent approximately 15 or 16 artificial inseminations, but saw no results, which was very
difficult because this went on for a long time.” Statement by Ms. Ileana Henchoz Bolaños at the public hearing held
in the instant case.
126
Affidavit of Ileana Henchoz Bolaños of December 13, 2011 (file of annexes to the pleadings and motions
brief, volume V, annex XXIX, folio 5885) and Affidavit of Miguel Antonio Yamuni Zeledón of December 13, 2011
(file of annexes to the pleadings and motions brief, volume V, annex XXIX, folio 5881).