64
reproduction capacity may constitute a violation of the rights recognized in the American Convention,
as described previously. That said, in this case, a dispute exists about the appropriate terminology
to be used. On the one hand, both the Commission and the representative classify the facts of this
case as forced sterilization, while the State argued that this term belonged to international criminal
law, so that, in this case, the Court should eventually refer to non-consensual or involuntary
sterilization. The Court notes that, in the sphere of human rights, different wording has been used
by regional and international human rights agencies. Thus, references has been made to nonconsensual sterilization,266 forced or non-consensual sterilization,267 involuntary sterilization,268
compulsory sterilization,269 forced sterilization,270 “esterilización forzosa” [“forced sterilization” in
English],271 and coerced sterilization.272 For the purposes of this judgment, the Court will consider
sterilization without prior, free, full and informed consent as non-consensual or involuntary
sterilization.
205. Accordingly, the Court must verify whether Bolivia complied with its obligation to respect and
ensure, without discrimination, the rights to personal integrity, to personal liberty, to dignity, to
private and family life, to raise a family and of access to information, in relation to personal autonomy
and sexual and reproductive health, by prior, free, full and informed consent. Together with the
foregoing, the Court must determine to what extent the facts of this case constituted an act of
violence against women.
Cf. UN, Committee for the Elimination of Discrimination against Women, General Recommendation No. 24, Women and
health, 1999, para. 22; UN, Committee for the Elimination of Discrimination against Women, A.S. against Hungary
(Communication No. 4/2004), CEDAW/C/36/D/4/2004, August 29, 2006, para. 11.3; UN, Report of the Special Rapporteur
on the right of everyone to the highest attainable standard of physical and mental health, Anand Grover, A/64/272, August
10, 2009, para. 55, and ECHR, Case of V.C. v. Slovakia, No. 18968/07. Judgment of November 8, 2011; Case of N.B. v.
Slovakia, No. 29518/10. Judgment of June 12, 2012, and Case of I.G., M.K. and R.H. v. Slovakia, No. 15966/04. Judgment
of November 13, 2012 (evidence file, volume VIII, annexes 26, 27 and 28 to the brief with motions, pleadings and evidence,
folios 2474 to 2577).
266
Cf. UN, Report of the Special Rapporteur on the right of everyone to the highest attainable standard of physical and
mental health, Anand Grover, A/64/272, August 10, 2009, para. 55.
267
Cf. Committee against Torture, Conclusions and recommendations with regard to Peru, CAT/C/PER/CO/4, July 25,
2006, para. 23, and Committee against Torture, Concluding observations with regard to Slovakia, CAT/C/SVK/CO/2, December
17, 2009, para. 14.
268
Cf. UN, Committee for the Elimination of Discrimination against Women, General Recommendation No. 19, Violence
against women, 1992, para. 22, and Committee for the Elimination of Discrimination against Women, Concluding observations
with regard to The Netherlands, CEDAW/C/NLD/CO/5, February 5, 2010, paras. 46 and 47.
269
Cf. UN, Human Rights Committee, Concluding observations with regard to Peru, CCPR/CO/70/PER, November 15, 2000,
para. 21; UN, Committee for the Elimination of Discrimination against Women, General Recommendation No. 21, Equality in
marriage and family relations, 1994, para. 22; UN, Report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, Manfred Nowak, A/HRC/7/3, January 15, 2008, para. 39; Human Rights Committee,
Concluding observations with regard to Slovakia, CCPR/CO/78/SVK, August 22, 2003, para. 12; Human Rights Committee,
Concluding observations with regard to Slovakia, CCPR/C/SVK/CO/3, April 20, 2011, para. 13; Committee on the rights of
persons with disabilities, Concluding observations with regard to Peru, CRPD/C/PER/CO/1, May 16, 2012, para. 35, and
Committee against Torture, Concluding observations on the second periodic report of Kenya, CAT/C/KEN/CO/2, June 19, 2013,
para. 27.
270
Cf. UN, Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika
Coomaraswamy, Policies and practices that impact women’s reproductive rights and contribute to, cause or constitute violence
against women, E/CN.4/1999/68/Add.4, January 21, 1999, para. 51; Human Rights Committee, Concluding observations with
regard to Japan, CCPR/C/79/Add.102, November 19, 1998, para. 31; Report of the Special Rapporteur on violence against
women, its causes and consequences, Rashida Manjoo, Violence against women with disabilities, A/67/227, August 3, 2012,
para. 28.
271
Cf. UN, Human Rights Committee, Concluding observations with regard to Slovakia, CCPR/CO/78/SVK, August 22,
2003, para. 12, and Committee against Torture, Concluding observations with regard to Kenya, CAT/C/KEN/CO/2, June 19,
2013, para. 27; Human Rights Committee, Concluding observations with regard to Slovakia, CCPR/CO/78/SVK, August 22,
2003, para. 12, and Committee for the Elimination of Discrimination against Women, Concluding observations with regard to
Slovakia, CEDAW/C/SVK/CO/4, July 17, 2008, para. 31.
272