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The Inter-American Commission on
Human Rights (IACHR) is one of
two bodies in the inter-American system for the promotion and protection of
human rights. The Commission has its headquarters in Washington, D.C. The other
human rights body is the Inter-American Court of Human Rights, which is located
in San José, Costa Rica.
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Chile - HIV Positive Woman Files
Forced Sterilization Complaint
Against Chile - Inter-American
Commission on Human Rights
02.03.09
New
York—Today, a woman diagnosed with HIV filed a complaint against Chile before the
Inter-American Commission on Human Rights, an international human rights body,
charging that the government failed to protect her from being forcibly
sterilized at a state hospital immediately after she gave birth. In a petition
submitted by the Center for Reproductive Rights and Chilean-based HIV/AIDS
service organization VIVO POSITIVO on her behalf,
the 27-year-old Chilean woman F.S. argues that the hospital staff operated on
her because of her HIV status, without ever discussing the possibility of
performing a surgical sterilization nor asking for her consent.
"Forced
sterilization is a violation of a woman's most basic human rights and is all
too often committed against members of vulnerable groups, which deserve special
protection, such as women living with HIV," said Luisa Cabal, director of
the international program at the Center for Reproductive Rights. "It's
time that the Chilean government respect the human rights of all its citizens
and take concrete action to guarantee that a woman living with HIV receives
quality reproductive health services and has the ability to make decisions
about her own life."
F.S., who
wishes to remain anonymous, was diagnosed with HIV in 2002 soon after learning
that she was pregnant. She was referred to Curicó Hospital for HIV
treatment during pregnancy. At no time during her admittance did she
request sterilization, and she and her husband had plans to have more
children. Her case represents a country-wide problem within Chile,
according to a 2004 study conducted by VIVO POSITIVO. The study found that, of
the women living with HIV who were interviewed who had been sterilized, 29% of
them had been pressured by medical staff to do so and 12.9% did not consent to
the procedure at all. In addition, the study found that the majority of
women had received biased counseling promoting the idea that women with HIV
should not become pregnant, irrespective of the fact that, with the appropriate
interventions, the risk of transmitting the virus to newborns can be reduced to
less than two percent.
"Despite
proof to the contrary, neither the Ministry of Health nor the Chilean Courts
found that the facts of this case amounted to a violation of F.S.’s human
rights. This denial of justice clearly demonstrates the discrimination that
people living with HIV/AIDS continue to suffer in Chile,” said Vasili
Deliyanis, executive director of VIVO POSITIVO. "The presentation of this
case to an international tribunal provides a prime opportunity to reinvigorate
the discussion on the rights of HIV-positive women in our country. It also
provides an opportunity for the Chilean State to reestablish the rule of
law."
In the
complaint, the Center and VIVO POSITIVO argue that the Chilean government has
violated F.S.'s right to be free from discrimination, as well as her right to
decide the number and spacing of her children, the right to be free from
violence, and the right to have access to justice. These rights are guaranteed
under the American Convention on Human Rights and the Inter-American Convention
on the Prevention, Punishment and Eradication of Violence against Women. The
Inter-American Commission, based in Washington, D.C., monitors state members’
compliance with the Convention. The Center and VIVO POSITIVO are asking that
the Commission recommend Chile acknowledge the human rights violation; undo the
harm done to F.S. and provide her with monetary compensation; and adopt
policies that guarantee women living with HIV the freedom to make reproductive
health decisions without coercion.
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