B.3.2) Campaign on the rights of persons with reproductive disabilities
Claims of the parties
339. Representative Molina asked the Court to “order the implementation of a national
information campaign on the rights of persons with reproductive disabilities.”
340. The State argued that “it already has mechanisms to create awareness on
reproductive health” and “that the determination of the contents of campaigns on
reproductive health corresponds to the States, which are responsible for determining the
use given to the health system’s scarce financial resources.”
Considerations of the Court
341. The Court observes that the State did not specify the existing mechanisms to raise
awareness on reproductive health. 500 Therefore, it orders the State to implement permanent
education and training programs and courses on human rights, reproductive rights and nondiscrimination for judicial employees in all areas and at all echelons of the Judiciary. 501
These programs and training courses should make special mention of this Judgment and the
different precedents in the corpus iuris of human rights relating to reproductive rights and
the principle of non-discrimination.
B.3.3) Other measures requested
Claims of the parties
342. Representative May asked the Court to “ask the Permanent Council of the
Organization of American States to request the Inter-American Juridical Committee […] to
draft, within a reasonable time, an international norm on the embryo, bearing in mind the
need to establish certain limits or the exclusion of human embryos from all commercial
agreements. He also asked that “the Constitutional Chamber of the Supreme Court of
Justice [carry out] a public act in order to apologize to the victims for the violation of their
human rights and for the pain and suffering caused to them, acknowledging publicly that,
because of its judgment, this judicial organ thwarted the life project of the victims.” He also
asked the Court to “declare that the Costa Rican Social Security Institute […] should
establish a specialized IVF clinic named after Gerardo Trejos Salas.”
343. The State argued that “there is no norm that grants the Inter-American Court
competence to request the Juridical Committee to advise it or to draft normative
documents; therefore, the request is irreceivable.”
Considerations of the Court
344. Regarding the other measures of reparation requested, the Court considers that the
delivery of this Judgment and the reparations ordered in this chapter are sufficient and
adequate to remedy the violations suffered by the victims, and does not find it necessary to
order the said measures. 502
500
The State merely mentioned the existence of a “Workshop on monitoring the MDG in Latin America”
(merits report, volume III, folio 1253).
501
502
Similarly Cf. Case of Atala Riffo and daughters v. Chile, para. 271.
Cf. Case of Radilla Pacheco v. Mexico. Preliminary objections, merits, reparations and costs. Judgment of
November 23, 2009. Series C No. 209, para. 359, and Case of Vélez Restrepo and family v. Colombia, para. 287.