Security Institute, incorporating the technological advances available nowadays in countries
with more experience, which permit not only better statistical results of success with this
treatment, but also increased safety for the patients who undergo the procedure.”
333. The State argued that “the Costa Rican Social Security Institute has a complete
program of attention for those who have infertility problems, and the only procedure not
offered at this time is [IVF].”
Considerations of the Court
334. The Court recalls that the State must prevent the recurrence of human rights
violations such as those that have occurred and, therefore, adopt all necessary legal,
administrative and other measures to prevent similar events from occurring in the future, in
compliance with its obligation of prevention and to guarantee the fundamental rights
recognized by the American Convention. 497
335. In particular, and in accordance with Article 2 of the Convention, the State has the
obligation to adopt the necessary measures to ensure the enjoyment of the rights and
freedoms recognized in the Convention. 498 In other words, States have not only the positive
obligation to adopt the necessary legislative measures to ensure the enjoyment of the rights
established in the Convention, but must also avoid enacting those laws that prevent the free
exercise of these rights, and avoid the elimination or amendment of laws that protect
them. 499
336. First, and taking into account the considerations in this Judgment, the pertinent
State authorities must take the appropriate measures to ensure that the prohibition of the
practice of IVF is annulled as rapidly as possible so that those who wish to use this assisted
reproduction technique may do so without encountering any impediments to the exercise of
the rights that this Judgment has found to have been violated (supra para. 317). The State
must provide information on the measures taken in this regard within six months.
337. Second, the State must, as soon as possible, regulate those aspects it considers
necessary for the implementation of IVF, taking into account the principles established in
this Judgment. In addition, the State must establish systems for the inspection and quality
control of the qualified professionals and institutions that perform this type of assisted
reproduction technique. The State must provide information every year on the gradual
implementation of these systems.
338. Third, in the context of the considerations made in this Judgment (supra paras. 285
to 303), the Costa Rica Social Security Institute must make IVF available within its health
care infertility treatments and programs, in accordance with the obligation to respect and
guarantee the principle of non-discrimination. The State must provide information every six
months on the measures adopted in order to make these services available gradually to
those who require them and on the plans that it draws up to this end.
497
Cf. Case of Velásquez Rodríguez. Merits, para. 166, and Case of the Kichwa Indigenous People of
Sarayaku v. Ecuador, para. 221.
498
Cf. Case of Gangaram Panday v. Suriname. Preliminary objections. Judgment of December 4, 1991. Series
C No. 12, para. 50, and Case of Furlan and family v. Argentina, para. 300.
499
Cf. Case of Gangaram Panday v. Suriname. Preliminary objections, para. 50, and Case of Furlan and
family v. Argentina, para. 300.