45
mental integrity and personal autonomy and the liberty to take decisions regarding one’s own body
and health requires, on the one hand, that the State ensure and respect decisions and choices that
have been made freely and responsibly and, on the other, that access to the relevant information is
guaranteed so that individuals are in a position to take informed decisions on the course of action
with regard to their body and health based on their personal life project. In the area of health,
opportune, complete, comprehensible and reliable information should be provided, ex officio, because
this is essential for decision-making in this area.181
156. In this regard, and as this Court has recognized, Article 13 of the American Convention
includes the right to seek, receive and impart information and ideas of all kinds, 182 which protects
the right of access to information, including personal health-related information.183 The right of
everyone to obtain information is supplemented by a correlative positive obligation of the State to
provide this information, so that the individual may have access to receive and assess it.184 In this
regard, health personnel should not wait for a patient to request information or ask question about
their health for the information to be given. The obligation of the State to provide information ex
officio, known as “active transparency obligation,” imposes on States the duty to provide the
necessary information for individuals to be able to exercise other rights, which is particularly relevant
in the area of health care, because this contributes to the accessibility of the health services and to
enabling individuals to take free, full, well-informed decisions. Consequently, the right of access to
information has an instrumental nature to achieve the satisfaction of other rights under the
Convention.185
157. It is evident that sexual and reproductive health186 is an expression of health that has special
implications for women owing to their biological capacity to conceive and give birth. On the one hand,
it is related to reproductive freedom and autonomy with regard to the right to take autonomous
decisions, free from violence, coercion and discrimination, concerning one’s life project, body, and
sexual and reproductive health.187 On the other hand, it refers to both reproductive health services
attainable standard of health, E/C.12/2000/4, August 11, 2000, para. 8.
181
Cf., mutatis mutandi, Case of Furlan and family v. Argentina, supra, para. 294.
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile. Merits reparations and costs. Judgment of
February 5, 2001. Series C No. 73, para. 64, and Case of the Kaliña and Lokono Peoples v. Suriname, supra, para. 261.
182
Cf. Case of Claude Reyes et al. v. Chile. Merits reparations and costs. Judgment of September 19, 2006. Series C No.
151, para. 77, and Case of Furlan and family v. Argentina, supra, para. 294. See also, UN, Committee on Economic, Social
and Cultural Rights, General Comment No. 14, The right to the highest attainable standard of health, August 11, 2000, para.
12.
183
184
Cf. Case of Claude Reyes et al. v. Chile, supra, para. 77.
Cf. IACHR, Access to Information on Reproductive Health from a Human Rights Perspective, November 22, 2011, paras.
25 to 26.
185
The Court has adopted the concept of reproductive health defined by the Programme of Action of the International
Conference on Population and Development held in Cairo in 1994, as “a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions
and processes. Reproductive health therefore implies that people are able to have a satisfying and safe sex life and that they
have the capability to reproduce and the freedom to decide if, when and how often to do so. Implicit in this last condition are
the 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 appropriate health-care services that will enable women to go safely through pregnancy and childbirth
and provide couples with the best chances of having a healthy infant.” Programme of Action of the International Conference
on Population and Development, El Cairo, UN, A/CONF.171/13/Rev.1, 1994, para. 7.2. Cf. Case of Artavia Murillo et al. (“In
vitro fertilization”) v. Costa Rica, supra, para. 148. Similarly, the Court has considered that, according to the Pan-American
Health Organization (PAHO), sexual and reproductive health “implies that people are able to have a satisfying and safe sex
life and have the capability to reproduce as well as the freedom to decide if, when, and how to do so.” Pan-American Health
Organization, Health in the Americas 2007, Volume I - Regional, Washington D.C, 2007, p. 143.
186
187
Cf. UN, Committee on Economic, Social and Cultural Rights, General Comment No. 22, Right to sexual and reproductive