- 103 -
Cf. Case of Artavia Murillo et al. ("In vitro fertilization") v. Costa Rica, supra, para. 142; Case of I.V. v. Bolivia,
supra, para. 151, and Advisory Opinion OC-24/17, supra, para. 89.
533
Cf. Case of Artavia Murillo et al. ("In vitro fertilization") v. Costa Rica, supra, para. 142; Case of I.V. v. Bolivia,
supra, para. 151, and Advisory Opinion OC-24/17, supra, para. 89.
534
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits, reparations and costs.
Judgment of November 21, 2007. Series C No. 170, para. 52, and Case of Cabrera García and Montiel Flores v. Mexico.
Preliminary objection, merits, reparations and costs. Judgment of November 26, 2010. Series C No. 220, para. 80.
535
Cf. Case of Artavia Murillo et al. ("In vitro fertilization") v. Costa Rica, supra, para. 142; Case of I.V. v. Bolivia,
supra, para. 151, and Advisory Opinion OC-24/17, supra, para. 89.
536
Article 4.2 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment establishes that, for the purposes of the Protocol, “deprivation of liberty means any form of
detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not
permitted to leave at will by order of any judicial, administrative or other authority.” Optional Protocol to the Convention
against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, UN Doc. A/RES/57/199, adopted on
December 18, 2002, entered into force on June 22, 2006. According to Rule 11.b of the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty, “deprivation of liberty means any form of detention or imprisonment or
the placement of a person in a public or private custodial setting which this person is not permitted to leave at will, by
order of any judicial, administrative or other public authority.” United Nations Rules for the Protection of Juveniles
Deprived of their Liberty, attached to UN General Assembly Resolution 45/113 adopted on December 14, 1990, UN Doc.
A/RES/45/113. For the purposes of the Principles and Best Practices on the Protection of Persons Deprived of Liberty in
the Americas, adopted by the Inter-American Commission on Human Rights, deprivation of liberty is understood to be
“[a]ny form of detention, imprisonment, institutionalization, or custody of a person in a public or private institution
which that person is not permitted to leave at will, by order of or under de facto control of a judicial, administrative or
any other authority, for reasons of humanitarian assistance, treatment, guardianship, protection, or because of crimes or
legal offenses. This category of persons includes not only those deprived of their liberty because of crimes or
infringements or non-compliance with the law, whether they are accused or convicted, but also those persons who are
under the custody and supervision of certain institutions, such as: psychiatric hospitals and other establishments for
persons with physical, mental, or sensory disabilities; institutions for children and the elderly; centers for migrants,
refugees, asylum or refugee status seekers, stateless and undocumented persons; and any other similar institution the
purpose of which is to deprive persons of their liberty.” IACHR, Resolution 1/08: Principles and Best Practices on the
Protection of Persons Deprived of Liberty in the Americas, adopted during the 131st regular session held from March 3 to
14, 2008, OEA/Ser/L/V/II.131 doc. 26, general provision.
537
538
Cf. Advisory Opinion OC-21/14, supra, para. 145.