Brítez Arce et al. v. Argentina, IACtHR, Serie C No. 474, 16/11/2022

Obstetric violence as a form of gender-based violence - States' obligation to prevent, punish and refrain from practicing obstetric violence as well as to provide adequate, specialized and differentiated health services during pregnancy, childbirth and after childbirth to guarantee the mother's right to health

Dissenting / Concurring: Sierra Porto / Pérez Goldberg

Manuela et al. v. El Salvador, IACtHR, Series C No. 441, 2/11/2021

Criminalization of an economically disadvantaged and illiterate woman living in a rural context having suffered obstetric emergency resulting in miscarriage - Arrest, detention during the proceedings and conviction for aggravated homicide to the detriment of her still-born child found by the police in her house - Violation of the right to freedom from arbitrary detention and to the presumption of innocence - Ineffective investigations based on gender stereotypes and preconceptions rather than concrete evidence related to the intersectional axes of discrimination concerning her gender, geogr

Dissenting / Concurring: Vio Grossi / Sierra Porto / Zaffaroni / Pérez Manrique

13881, CSC, 06/07/2020
 | 
2020

Violation of women’s right to self-determination relating to termination of pregnancy – Compensation for so-called ‘damage from unwanted birth’ due to a doctor's error Requirements to perform therapeutic abortion – Failure to inform of possible foetus’ malformations

I.V. v. Bolivia, IACtHR, Series C No. 329, 30/11/2016
COURT: 
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2016

Forced sterilization of an immigrant woman from Peru during a caesarean section without her prior and informed consent - Court's recognition of the impact of gendered power relations on dignity, suffering, health and the enjoyment of women's sexual and reproductive rights - Discrimination in access to health affects women’s freedom to decide freely on their bodies and their reproductive health - Violation of the right to non-discrimination, to personal freedom and integrity, dignity, private and family life, access to information and founding a family

Dissenting / Concurring: Ferrer Mac-Gregor Poisot