In this case the applicants alleged that Costa Rica’s complete prohibition on in vitro fertilization (IVF) contravened the American Convention on Human Rights giving rise to violations of their rights to privacy and family life.
On 21 December 2012, the Inter-American Court upheld the applicants claim and requested Costa Rica to take measures to address the situation including overturning the prohibition within a six month period.
In its important decision the Court held that the prohibition contravened the applicants’ rights to privacy, liberty, personal integrity, and to form a family as protected by the American Convention on Human Rights.
The court also considered the prohibition undermined enjoyment of the right to be free from discrimination.
The ICJ filed an Amicus brief in the case in September 2012.
In its brief the ICJ focused on the legal principles and doctrine that should be applied by the Court when considering the case.
Specifically the ICJ addressed the criteria that should be taken into account by the Court when considering whether Costa Rica’s complete ban on IVF amounted to a permissible limitation on the applicant’s human rights.
Costa Rica-ICJ Amicus Fertilization in vitro-legal submission-2012 (full text in PDF)
Costa Rica-Amicus ICJ-fecundacion in vitro-legal submission-2012-spa (full text in PDF)