63
sterilization, the Court notes that all the States that had a law in this regard in 2000 required written
consent in this case.
200. The Court also notes that, even though the general rule was to obtain informed consent, the
laws of some States recognized the existence of exception to this rule, including cases of urgency or
emergency in which consent could not be obtained. In 2000, various States regulated these
exceptions.262 In the case of female sterilization, however, the Court has corroborated that none of
the countries that regulated it, established specific exceptions in this regard.
B.2.c
Conclusion
201. Based on the foregoing, the Court concludes that, at the time the facts of this case took place,
the State had an international obligation to obtain, through its health personnel, the consent of
patients for medical procedures and, especially, of women in the case of female sterilizations, and
this should have complied with the characteristics of being prior, free, full and informed following a
process of informed decision-making.
B.3
Determination of the scope of the State’s international responsibility
202. The Court notes that tubal ligation, in particular using the Pomeroy technique, is a surgical
contraception method that causes sterilization; that is, it permanently deprives a woman of her
biological reproductive capacity. A medical procedure of this type should be performed voluntarily,
requiring prior, free, full and informed consent, as developed in the preceding section. Indeed, as
expert witness Luisa Cabal indicated, “[s]sterilization is a permanent contraceptive method that
should form part of a wide range of contraception methods that everyone has the right to choose or
refuse autonomously, in the exercise of their sexual and reproductive rights.”263
203. In light of all the above, the Court must now determine whether the State of Bolivia had a
clear regulation in order to prevent the performance of female sterilizations without prior, free, full
and informed consent, because the State has argued before this Court that the laws and regulations
cited by the Commission and the representative to substantiate the alleged violations, were not
applicable in the case of I.V. Nevertheless, the Court will not determine the validity of these norms,
because it has not been alleged that Article 2 of the Convention was violated. The Court must also
decide whether the tubal ligation procedure performed on I.V. constituted a case of sterilization that
was contrary to Bolivia’s international obligations resulting from the parameters defined previously
with regard to the obligatory nature of ensuring that patients have given their informed consent
based on their autonomy and dignity, in order to verify whether the international responsibility of
the State has been generated by the actions of its public officials; in this case, its health care
personnel in a public hospital.
204. The Court notes that, although the express prohibition of forced or involuntary sterilization
has been established in international criminal law, 264 or in the definition of crimes at the domestic
level,265 the absence of informed consent in relation to the deprivation of a woman’s biological
Namely: Argentina, Bolivia, Chile, Canada (Ontario), Colombia, Costa Rica, Ecuador, Paraguay, Peru, Uruguay and
Venezuela.
262
263
Expert opinion provided by Luisa Cabal by affidavit on April 28, 2016 (evidence file, volume XI, affidavits, folio 3973).
See Articles 7(1)(g), 8(2)(b)(xxii) and 8(2)(e)(vi) of the Rome Statute. Forced sterilization was recognized as a war
crime in the Nuremberg trials of the perpetrators of acts committed in the context of medical experimentation.
264
Bolivia (2013), Brazil (1996), Ecuador (2014), Mexico (2012) and Venezuela (2007) have criminalized forced
sterilization within their jurisdictions as an ordinary offense: forced sterilization in Bolivia and Brazil; forced deprivation of
reproductive capacity in Ecuador, and induced sterility in Mexico.
265