66
such as this one.
210. In this regard, the Court deems it pertinent that the laws of the States should include clear
definitions of what constitutes informed consent. Also, States “should monitor public and private
health centers, including hospitals and clinics, which perform sterilization procedures so as to ensure
that fully informed consent is being given by the patient before any sterilization procedure is carried
out, with the appropriate sanctions in place in the event of a breach.” 279 In addition, Article 22 of the
UNESCO Universal Declaration on Bioethics and Human Rights (supra para. 176) refers to the
obligation of States to take all appropriate measures to give effect to the principles set out in the
Declaration in accordance with international human rights law, which includes informed consent. The
Court considers that, in cases of non-consensual or involuntary sterilization, measures to prevent
such procedures are of vital importance because, although the creation of mechanisms for access to
justice allows rights to be guaranteed, this cannot ensure in all cases the full restoration of the
reproductive capacity, which has been lost owing to the surgical procedure.
211. The Court notes that, at the time of the facts, July 1, 2000, the regulations on informed
consent in relation to surgical procedures for female sterilization in Bolivia were included in two
specific norms: Bolivian Health Standard NB–SNS–04–97 (“Voluntary surgical contraception for
women at high reproductive risk”),280 adopted by the National Health Secretariat in August 1997
(hereinafter “the 1997 Bolivian standard”), and Bolivian Health Standard MSPS-98 (“Voluntary
surgical contraception. Bilateral tubal occlusion in reproductive risks”),281 adopted by the Ministry of
Health and Social Services in November 1998 (hereinafter “the 1998 Bolivian standard”).
212. Under the 1997 Bolivian standard, the purpose of voluntary surgical contraception for women
was to reduce the cases of death due to high-risk reproductive factors,282 and it was addressed at
women of child-bearing age, with an active sexual life, who had a high reproductive risk and desired
a permanent contraceptive method. The 1997 Bolivian standard indicated that surgical contraception
was a voluntary procedure that required the patient’s prior consent, after being fully informed of the
sterilization procedure, its consequences, and other methods of contraception and their
characteristics, using simple language, by trained personnel, to ensure that the information received
had been understood. This standard defined informed consent in cases of sterilization as “the decision
of the user to undergo a voluntary surgical sterilization after having been fully informed of the
procedure and its consequences,”283 and, to this end, she had to sign an informed consent form,
which constituted the legal authorization for the procedure. The standard specifically established that
it should be ensured that “when obtaining the informed consent, the user is not subject to coercion
or to physical or emotional factors that could affect her ability to take a careful and well-considered
Cf. UN, Committee for the Elimination of Discrimination against Women, Concluding observations with regard to
Slovakia, CEDAW/C/SVK/CO/4, July 2008, para. 31.
279
Cf. Bolivian Health standards NB–SNS–04–97 (“Voluntary surgical contraception for women at high reproductive risk”),
adopted by Secretariat Resolution No. 0/408 of August 4, 1997 (file of the procedure before the Commission, volume III,
folios 887 to 898).
280
Cf. Bolivian Health standards MSPS-98 (“Voluntary surgical contraception. Bilateral tubal occlusion in reproductive
risks”), approved by Ministerial Resolution No. 0517 of November 17, 1998 (file of the procedure before the Commission,
volume I, folios 186 to 200).
281
The 1997 Bolivian standards defined high reproductive risk as the “probability that both the woman of child-bearing
age, and also her potential fetus, might experience injury or death if she became pregnant.” Cf. Bolivian Health standards
NB–SNS–04–97, p. 17. The standards contained a list of medical reasons for sterilization, including: pulmonary diseases which
limited the respiratory capacity; severe rupture of the uterus, and a third caesarean section with three living offspring. It also
listed “paridad satisfecha” which referred to cases of women who requested sterilization provided they had had five vaginal
births with living offspring and were over 35 years of age (file of the procedure before the Commission, volume III, folios 892
to 895).
282
283
Bolivian Health standards NB–SNS–04–97, p. 27 (file of the procedure before the Commission, volume III, folio 898).