148. The Court has indicated that States are responsible for regulating and overseeing the
provision of health services to ensure effective protection of the rights to life and personal
integrity. 242 Health is a state of complete physical, mental and social well-being, not merely
the absence of disease or infirmity. 243 In relation to the right to personal integrity it is
important to highlight that, according to the Committee on Economic, Social and Cultural
Rights, “reproductive health means that women and men have the freedom to decide if and
when to reproduce, and the right to be informed and to have access to safe, effective,
affordable and acceptable methods of family planning of their choice, as well as the right of
access to appropriate health care services.” 244 The Programme of Action of the International
Conference on Population and Development, held in Cairo in 1994, and the Declaration and
Platform for Action of the Fourth World Conference on Women, held in Beijing in 1995, also
contain definitions of reproductive health and of women’s health. According to the
International Conference on Population and Development (1994), “[r]eproductive rights
embrace certain human rights that are already recognized in national laws, international
human rights documents and other relevant UN consensus documents. These rights rest on
the recognition of the basic right of all couples and individuals to decide freely and
responsibly the number, spacing and timing of their children and to have the information
and means to do so, and the right to attain the highest standard of sexual and reproductive
health.” 245 Moreover, adopting a broad and integrated concept of sexual and reproductive
health, it stated that:
“Reproductive health is a state of complete physical, mental and social well-being, and not merely the
absence of disease or infirmity – in all matters relating to the reproductive system and to its functions
and processes. Consequently, reproductive health implies that people are able to have a satisfying
and safe sex life, that they are able to reproduce and that they have the freedom to decide if, when
and how often to do so. Implicit in this is right of men and women to be informed and to have access
to safe, effective, affordable and acceptable methods of family planning of their choice, as well as
other methods of their choice for regulation of fertility, which are not against the law, and the right of
access to health-care services that will enable women to go safely through pregnancy and
childbirth.” 246
149. Furthermore, according to the Conference’s Programme of Action, “in vitro
fertilization techniques should be provided in accordance with ethical guidelines and
appropriate medical standards.” 247 In the Declaration of the Fourth World Conference on
Women (1995), the States agreed to “guarantee equal access to and equal treatment of
men and women in […] health care and promote sexual and reproductive health.” 248 The
Platform for Action, approved jointly with the Declaration, defined reproductive health care
242
Cf. Case of Ximenes Lopes v. Brazil, Judgment of July 4, 2006. Series C No. 149, para. 99, and Case of
Albán Cornejo et al. v. Ecuador. Merits, reparations and costs. Judgment of November 22, 2007. Series C No. 171,
para. 121.
243
Cf. the Constitution of the World Health Organization was adopted by the International Health Conference
held in New York from June 19 to July 22, 1946, signed on July 22, 1946, by the representatives of 61 States, and
entered into force on April 7, 1948; http://www.who.int/governance/eb/who_constitution_sp.pdf.
244
Committee on Economic, Social and Cultural Right, General Comment No. 14 (2000), The right to the
highest attainable standard of health (Article 12 of the International Covenant on Civil and Political Rights),
E/C.12/2000/4, 11 August 2000 para. 14, footnote 12.
245
Cf. Programme of Action of the International Conference on Population and Development, Cairo, 1994,
para. 7.3; UN A/CONF.171/13/Rev.1 (1995).
246
Cf. Programme of Action of the International Conference on Population and Development, Cairo, 1994,
para. 7.2; UN A/CONF.171/13/Rev.1 (1995).
247
Cf. Programme of Action of the International Conference on Population and Development, Cairo, 1994,
para. 7.17; UN A/CONF.171/13/Rev.1 (1995).
248
Cf. Declaration of the Fourth World Conference
<www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20S.pdf.
on
Women,
Beijing,
1995,
para.
30;