72. Moreover, the Court recalls that the right to health during pregnancy, childbirth and postpartum, as an integral part of the right to the enjoyment of the highest attainable standard of physical and mental health,81 must satisfy the elements of availability, acceptability, quality and accessibility.82 The Court believes it necessary here to refer specifically to the component of information accessibility. On this point, General Comment No. 22 of the Committee on Economic, Social and Cultural Rights states: Information accessibility includes the right to seek, receive and disseminate information and ideas concerning sexual and reproductive health issues generally, and also for individuals to receive specific information on their particular health status.83 73. Thus, under the minimum international obligations that govern health care, the Court finds that women who are pregnant or in the post-partum or breast-feeding periods must be fully informed on their medical condition and be assured of access to precise and timely information on reproductive and maternal health during each stage of pregnancy. This information must be based on scientific evidence, delivered without bias, free of stereotypes and discrimination, including a plan for the birth at the health institution where the birth will take place, and the right to maternal/child contact.84 74. Moreover, the Court has held that the lack of adequate medical care or problems of accessibility to certain procedures may result in a violation of Article 5(1) of the Convention85 and that, in the context of pregnancy, women may be subjected to prejudicial practices and specific forms of violence, degrading treatment and even torture.86 The Special Rapporteur on torture and other cruel, inhuman and degrading treatment has indicated that “[i]n many States women seeking maternal health care face a high risk of ill-treatment, particularly immediately before and after childbirth” and these abuses “range from extended delays in the provision of medical care, such as stitching after delivery to the absence of anesthesia.”87 75. The Court has specifically ruled on violence during pregnancy, childbirth and afterwards in accessing health services and has held that it is a violation of human rights and is a gender-based form of violence called obstetric violence,88 which “encompasses all situations of disrespectful, abusive, neglectful treatment or denial thereof that take place during the pregnancy, childbirth or post-partum period, in private or public health facilities.”89 76. The Court recalls that, under Article 7 of the Convention of Belém do Pará, the States have the duty to prevent, punish and eradicate violence against women and that they must abstain 81 Cf. UN Committee on Economic, Social and Cultural Rights. General Comment No. 22 (2016), para. 11. Cf. Advisory Opinion OC-29/22, supra, para. 150 and UN Committee on Economic, Social and Cultural Rights. General Comment No. 22 (2016), para. 11. 82 83 Cf. UN Committee on Economic, Social and Cultural Rights. General Comment No. 22 (2016), para. 18. 84 Cf. Mutatis mutandis. Advisory Opinion OC-29/22, supra, para. 158. Cf. Case of the Girls Yean and Bosico v. Dominican Republic. Judgment of September 8, 2005. Series C No. 130, paras. 205 and 206 and Case of Manuela et al. v. El Salvador, supra, para. 183. 85 86 128. Cf. Case of Manuela et al. v. El Salvador, supra, para. 200 and Advisory Opinion OC-29/22, supra, para. 87 Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, UN Doc. A /HRC/31/57, January 5, 2016, para. 47. 88 Cf. Advisory Opinion OC-29/22, supra, para. 160. Inter-American Commission on Human Rights. Violence and discrimination against women and girls: Best practices and challenges in Latin America and the Caribbean. OAS/Ser.L/V/II. Doc. 233, November 14, 2019, para. 181. 89 21

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