35. With respect to the right to raise a family, the State argues that, while there is a right to
have children and to found a family, that right must be limited by higher values such as the
right of all human beings, without distinction, to have their life protected. On this point, it
declares that the principle of the indivisibility and interdependence of human rights means that
some rights cannot be sacrificed for the sake of other rights. It is not legitimate to exercise
that right by depriving other human beings of their life. On this point, it declares that the
principle of the indivisibility and interdependence of human rights holds that some rights
cannot be sacrificed for the sake of others.
36. As to the relationship between rights, the State argues that the principle implies that every
right has its limits, which are determined by the rights of others. In its own interest, it declares
that the right to life for embryos implies a limit on the rights of others, including couples
seeking to have children and scientists seeking to experiment with embryos.
37. As to the alleged violation of privacy, the State maintains that the practice of in vitro
fertilization is not a private matter, or one that implies no offense to society. It adds that, as
established, the current technique of in vitro fertilization is not only contrary to public order,
morals and customs, but in deed inconsistent with the right to life, which means that the State
has a legitimate interest in intervening.
38. With respect to the alleged violation of judicial guaranties and protection, the State points
out that constitutionality proceedings in Costa Rica (Articles 81 and 83 of the Constitutional
Jurisdiction Act) require notice to be published three times in the official gazette, indicating
intention to file a petition. The purpose of this is to provide public notice that proceedings are
to be initiated, so that persons with a legitimate interest can participate in those proceedings.
39. The State also points out that, while constitutional jurisprudence is binding, it does not tie
the hands of the Chamber itself, which could eventually reverse its decision if there were
sufficient grounds for doing so. Thus, the State maintains, the presumed victims identified did
not have their complaints examined by domestic courts, and on these grounds it argues failure
to exhaust domestic remedies, and the untimeliness of the petition, because of the late
identification of the prison victims.
40. With respect to the petitioner's argument that the ruling of the Costa Rican Constitutional
Chamber represents a form of violence against women, the State declares that this is an
extended interpretation of the letter of the Convention of Belém do Pará, and that it strays far
from the spirit of that instrument. It maintains that the petition in question does not refer to
any act of violence against women, or any lack of diligence that might provoke such violence.
It adds that the suffering caused to men and women by the problem of infertility has no causal
link to the Costa Rican State.
41. With respect to admissibility, the State argues that the petitioner lacks standing in the
case because he has failed to identify the victims individually at the proper time during the
proceedings, and he did not establish the relationship between those victims and the case in
question. It also maintains that the companies Costa Rica Ultrasonografia S.A. and Instituto
Costarricense de Fertilidad lack legitimate standing because they are not physical persons and
are therefore not protected by the American Convention.
42. The State again argues that the petition is groundless and out of order because it does not
State facts that would characterize a violation of the human rights protected in the American
Convention.
IV.
ANALYSIS OF ADMISSIBILITY
A.
The Commission’s jurisdiction ratione personae, ratione materiae, ratione
temporis, and ratione loci
1.
Jurisdiction ratione personae
43. Article 44 of the American Convention and Article 23 of the IACHR's Rules of Procedure
stipulate that “any person or group of persons” may lodge petitions with the Commission
containing denunciations or complaints of violation of the Convention.
5