Artavia Murillo and Others (“In Vitro Fertilization”) v. Costa Rica

Abstract

1Human rights — Right to life — Right to humane treatment — Right to personal liberty — Right to privacy — Rights of the family — Obligation to respect rights — American Convention on Human Rights, 1969 — Costa Rica party to Convention — Human rights violations — Judgment of Constitutional Chamber of Supreme Court of Justice — Unconstitutional Executive Decree regulating IVF — Prohibition of IVF in Costa Rica — Whether Costa Rica violating Articles 4(1), 5(1), 7(1), 11(2), 17(2) and 24 in relation to Articles 1(1) and 2 of American Convention on Human RightsHuman rights — Right to privacy and rights of the family — Articles 11(2) and 17(2) of American Convention on Human Rights — Scope of these rights — Whether right to private life including reproductive autonomy and access to reproductive health services — Whether these rights extending to right to enjoy benefits of scientific progress — Whether Costa Rica violating Articles 11(2) and 17(2) in relation to Article 1(1) of American Convention on Human RightsHuman rights — Obligation to respect rights — Article 1(1) of American Convention on Human Rights — Principle of non-discrimination — Whether to analyse violation under Article 24 of American Convention on Human Rights — Whether interference with treaty-based rights — Whether interference proportionate — Whether interference having indirect discriminatory effects — Disability — Gender — Financial situation — Whether Costa Rica violating Article 1(1) in relation to Articles 11(2) and 17(2) of American Convention on Human RightsTreaties — Interpretation — Articles 31(2), 31(3) and 31(4) of Vienna Convention on the Law of Treaties, 1969 — Right to life — Article 4(1) of American Convention on Human Rights, 1969 — Ordinary meaning of terms — Use of scientific literature — Systematic and historical interpretation — Travaux préparatoires of human rights treaties — Evolutive interpretation — Object and purpose — Interpretation of “human being”, “person”, “in general”, “moment of conception” — Whether embryo having a right to life under Article 4(1) of American Convention on Human RightsInternational tribunals — Inter-American Court of Human Rights — Preliminary objections by Costa Rica — Exhaustion of domestic 2remedies — Article 46 of American Convention on Human Rights — Time-barred petitions by victims — Interpretation of six-month requirement — Article 46(1)(b) of American Convention on Human Rights — Supervening facts — Competence of Court — Judgment on Preliminary Objections, Merits, Reparations and CostsDamages — Reparations — Monetary and other — Costa Rica to take appropriate measures to annul prohibition of IVF — Costa Rica to regulate implementation of IVF — Costa Rica to include IVF in infertility treatments offered by health-care services — Article 63(1) of American Convention on Human Rights