Timeline of Legal Milestones on Sexual and Reproductive Rights in Latin America

This document reinforces the Montevideo Consensus and jointly agrees on the recognition of all types of families.

This General Recommendation considers the voices of Indigenous women and girls as protagonists and leaders within and outside their communities. It identifies and addresses different forms of intersectional discrimination faced by Indigenous women and girls, and their key role as leaders, bearers of knowledge and conveyors of culture within their villages, communities, families and society as a whole. (Paragraph 2).

The chapter on LGTBI rights focuses on the condemnation of violence motivated by sexual orientation, gender identity, gender expression and sexual characteristics, urges States to take measures and establishes lines of action for OAS bodies.

The XV RWC held its meeting under the theme "Towards caring societies", and adopted the Buenos Aires Commitment, a robust and comprehensive document that represents a roadmap for the States. Under this framework, commitments and agreements were made regarding SRHR, the rights of persons with disabilities, among others.

On November 2, 2021, the Inter-American Court of Human Rights issued a judgment declaring the Republic of El Salvador internationally responsible for the violation of the rights: (i) to personal liberty and to the presumption of innocence to the detriment of Manuela; (ii) to the defense, to be tried by an impartial tribunal, to the presumption of innocence, the duty to state reasons, the obligation not to apply legislation in a discriminatory manner, equality before the law, the right not to be subjected to cruel, inhuman or degrading punishment and the obligation to ensure that the purpose of the custodial sentence is the reform and social readaptation of convicted persons, to the detriment of Manuela; iii) to life, personal integrity, privacy, equality before the law, health and equality before the law, to the detriment of Manuela, and iv) to personal integrity to the detriment of Manuela's mother, father, eldest son and youngest son, in relation to the obligations to respect and guarantee the rights and the duty to adopt domestic law provisions, to the detriment of Manuela.

The chapter on LGTBI rights focuses on the condemnation of violence motivated by sexual orientation, gender identity, gender expression and sexual characteristics, urges States to take measures and establishes lines of action for OAS bodies.

In this agreement, the States committed to promote the full exercise of sexual and reproductive rights, including explicitly mentioning safe and quality abortion services in cases where abortion is legal or decriminalized in national legislation.

It is a landmark ruling because it establishes for the first time standards to prevent girls and adolescents from suffering sexual violence in educational settings throughout Latin America and the Caribbean. The Court points out that the right to sexual and reproductive education is an integral part of the right to education. It must be comprehensive, non-discriminatory, evidence-based, scientifically rigorous and age-appropriate. It must be suitable to enable girls and boys to have an adequate understanding of the implications of sexual and affective relationships, particularly in relation to consent to such relationships and the exercise of their sexual and reproductive rights.

The chapter on LGTBI rights focuses on the condemnation of violence motivated by sexual orientation, gender identity, gender expression and sexual characteristics, it also urges States to take measures and establishes lines of action for OAS bodies.

In its report on the merits, the IACHR determined that the State did not prove that it had acted diligently or adopted reasonable measures to safeguard the rights of Mrs. Britez Arce, despite the special duties it had towards her as a pregnant woman.

In this report the IACHR states that although there is no legal definition of obstetric violence, the IACHR has considered that "obstetric violence encompasses all situations of disrespectful, abusive, negligent treatment, or denial of treatment, during pregnancy and the previous stage, and during childbirth or postpartum, in public or private health centers". The IACHR specifies that obstetric violence is defined as actions or omissions on the part of doctors and support personnel in public or private health services during pregnancy, childbirth and postpartum; characterized by dehumanizing or discriminatory treatment that causes physical, psychological or moral harm to the woman.

The chapter on LGTBI rights focuses on the condemnation of violence motivated by sexual orientation, gender identity, gender expression and sexual characteristics; and urges States to take measures and establishes lines of action for OAS bodies.

The case refers to a series of violations in the framework of the criminal proceeding derived from a miscarriage that culminated in the conviction for the crime of aggravated homicide. In its analysis of the merits, the Commission determined that the State violated the right to personal liberty for the illegal detention of the victim, the right to privacy and the right to health; as well as the international responsibility of the State for the violation of the duty to state reasons, presumption of innocence and the principle of equality and non-discrimination taking into account the application of a series of stereotypes throughout the criminal proceedings. In addition, the Commission concludes that the violation of professional secrecy constituted an arbitrary restriction of Manuela's right to privacy.

In this Resolution, the OAS condemns discrimination and acts of violence based on sexual orientation and gender identity or expression. In addition, one of its objectives is to expand, improve and ensure access to health services for persons with disabilities, including sexual and reproductive health services,

As stated in Paragraph 1, the purpose of this GC is to clarify the obligations of States parties in relation to non-discrimination and equality, as enshrined in Article 5 of the Convention. Specific reference is made in this GC to the guarantee of the right to sexual and reproductive health.

This thematic report indicates that the Inter-American Commission has been informed that, in several Latin American countries, indigenous women seeking health services were forced to undergo sterilization or to use contraceptives. In addition, the IACHR considers that States have certain fundamental obligations that require the immediate adoption of priority measures in the area of maternal health. One of these is to prioritize efforts and resources to ensure access to maternal health services for women who tend to be at higher risk, such as indigenous women.

In this report, the IACHR highlights the widespread conditions of discrimination and social exclusion faced by gay, lesbian, bisexual, transgender and intersex (LGBTI) children and adolescents. In turn, the Commission notes that States should create mechanisms to collect information and monitor social perceptions about children and adolescents and their rights. In particular, it is important to understand the resistance in society towards the exercise of certain rights such as sexual and reproductive rights.

This GC details the specific legal obligations incumbent upon States parties to respect, protect and fulfill the right of everyone to sexual and reproductive health. Among them, it calls for the reformulation of laws that impede the realization of the right to sexual and reproductive health, such as laws criminalizing abortion, non-disclosure of HIV status, exposure to HIV and its transmission, sexual relations between consenting adults, and transgender identity or expression.

This case deals with the responsibility of the State for the damages suffered by Mrs. I.V. as a result of a fallopian tube ligation surgery she underwent without her informed consent. The Court declared violated, among others, the rights to personal integrity, dignity, private and family life, and access to information. It also emphasized that non-consensual sterilizations disproportionately affect women because they are socially assigned the reproductive and family planning function.

In this GC, the Committee reports on the obstacles encountered by women and girls with disabilities in most areas of life, which generate situations in which there are multiple and intersectional forms of discrimination against women and girls with disabilities, particularly in relation to the ability to exercise control over their own lives in various contexts, for example, with respect to health care, including sexual and reproductive health services, and where and with whom they wish to live, and makes recommendations to States Parties in this regard.

This UN General Assembly Resolution adopts the outcome document of the United Nations summit for the adoption of the post-2015 development agenda: Transforming our world: the 2030 Agenda for Sustainable Development. It is a comprehensive action plan structured around 15 Goals, disaggregated with their respective indicators.

In this joint GR, the Committees establish standards regarding the duty to ensure access to comprehensive and confidential health services.

Through this decision, the Common Market Council approves the ""MERCOSUR Gender Equality Policy Guidelines"", which urge the States to develop policies that ensure the full exercise of sexual and reproductive rights of women and men; guarantee the right to make free, informed, voluntary and responsible decisions on sexuality and reproduction, without coercion, violence or discrimination based on sexual orientation, gender identity, ethnicity, race, religious beliefs, disability or place of residence.

In this GC, the Committee deepens the interpretation of the scope of the right to health, "from the perspective of the rights of the child, in the sense that all children are entitled to opportunities for survival, growth and development in a context of physical, emotional and social well-being to the maximum extent of their potential".

The case concerns the international responsibility of the State for discriminatory treatment and arbitrary interference in the private and family life of Karen Atala Riffo, due to her sexual orientation. It established important standards for the principle of equality and the obligation not to discriminate on the basis of gender.

The case refers to the international responsibility of the State for the enforced disappearance of María Claudia García Iruretagoyena de Gelman, as well as the suppression and substitution of identity of María Macarena Gelman García. In this decision, the Court determined that the facts of the case reveal a particular conception of a woman's body that undermines her maternity, which is an essential part of the free development of women's personality.

In this report, the IACHR recalls that the right to access to information is especially relevant in the area of health and specifically in the area of sexuality and reproduction, as it contributes to the ability of individuals to make free and informed decisions regarding intimate aspects of their personality. Under the Inter-American system, access to sexual and reproductive information involves a series of rights such as the right to freedom of expression, personal integrity, protection of the family, privacy and freedom from violence and discrimination.

In this report, Special Rapporteur Anand Grover on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health examines the interaction between criminal laws and other legal restrictions on sexual and reproductive health and the right to health. The right to sexual and reproductive health is a fundamental part of the right to health. States must therefore ensure that this aspect of the right to health is fully realized. The Special Rapporteur examines the impact of criminal and other legal restrictions on abortion; conduct during pregnancy; contraception and family planning; and access to sexual and reproductive health education and information. Some of the criminal and other legal restrictions in each of these areas, often discriminatory, hinder access to quality goods, services and information and thus violate the right to health. They also violate human dignity by restricting the freedoms arising from the right to health, particularly with regard to decision-making and physical integrity. Moreover, the application of these laws to achieve certain public health outcomes is often ineffective and disproportionate.

The Court emphasizes that extreme poverty and the lack of adequate medical care for pregnant or post-pregnant women are causes of high maternal mortality and morbidity. Therefore, the States must provide adequate health policies that allow them to offer assistance with adequately trained personnel for the care of births, policies for the prevention of maternal mortality through adequate prenatal and post-partum controls, and legal and administrative instruments in health policies that allow adequate documentation of cases of maternal mortality.

In this report, the IACHR highlights that maternal mortality continues to be a serious human rights problem that dramatically affects women around the world and in the region, and that has repercussions for their families and communities. Specifically, women who have been historically marginalized on the basis of race, ethnicity, economic status and age have the least access to needed maternal health services. This report addresses how States' obligations to respect and guarantee human rights without discrimination, particularly the right to personal integrity, can contribute to overcoming inequalities in access to maternal health services - understood as women's health during pregnancy, childbirth and the postpartum period - and in ensuring that all women, particularly those who have been historically marginalized, enjoy effective access to these services.

In this first hemispheric report, the experts mention that "in legislations where sexual and reproductive rights are neither protected nor recognized, serious violations of these rights can occur, translated into ignorance of their sexual and reproductive rights, forced sterilization, high rates of maternal morbidity and mortality, among others. Those most at risk and at risk are the most vulnerable women: impoverished women, young women, and women in rural areas for whom access to health care is a serious problem and who must resort to unhealthy and dangerous practices".

In this document, the States recognize that unsafe abortion, teenage pregnancies and the insufficient provision of family planning services are an example of the limitations of the States in guaranteeing Sexual and reproductive Rights. The States commit to ensure that sexual and reproductive rights and universal access to comprehensive health care are considered an indispensable condition for guaranteeing women's participation in political life and paid work and, therefore, in decision-making positions for all women, with priority given to young women, the poorest women, indigenous women, women of African descent, rural women and women with disabilities.

The Convention is the first legally binding international instrument that obliges states to promote and protect the rights of persons with disabilities in particular. The Convention covers many areas where barriers may arise. It also seeks to reduce stigmatization and discrimination, which are often among the reasons why people with disabilities are excluded from education, employment, health and other services.

In this agreement, the States commit to review and implement legislation that guarantees the responsible exercise of sexual and reproductive rights and non-discriminatory access to health services, including sexual and reproductive health.

The Committee on the Rights of the Child elaborates and deepens the content of the Convention in relation to adolescent health and development.

In this Friendly Settlement Agreement, the Peruvian State acknowledges its international responsibility for violation of Articles 1.1, 4, 5 and 24 of the American Convention on Human Rights, as well as Article 7 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, to the detriment of the victim María Mamérita Mestanza Chávez, who underwent a surgical sterilization procedure, which ultimately resulted in her death. In addition to committing to reparation measures, the Peruvian State undertakes to carry out legislative and public policy modifications on the issues of Reproductive Health and Family Planning, eliminating any discriminatory approach and respecting the autonomy of women.

With this GC, the Committee unfolds the scope of the right to health recognized in Art. 12 of the Covenant. The Committee recognizes the right to reproductive health and outlines its definition and scope, including specific provisions for adolescents and youth.

This agreement mentions sexual and reproductive rights and proposes measures for their fulfillment.

In this GC, the Committee urges States to submit reports on the right to life that provide data on birth rates and the number of cases of deaths of women in connection with pregnancy or childbirth. They should also provide information on measures taken to help prevent unwanted pregnancies and to ensure that women do not have to resort to life-threatening clandestine abortions.

This Declaration is what enabled the adoption and implementation of the Millennium Development Goals (MDGs) agenda, which deployed programmatic actions around 8 Goals, one of them, Goal 5: Improve maternal health, for which it is proposed to reduce maternal mortality by three quarters between 1990 and 2015 and achieve universal access to reproductive health.

The Committee on the Elimination of Discrimination against Women affirms that access to health care, including reproductive health care, is a basic right under the Convention on the Elimination of All Forms of Discrimination against Women.

Sexual and reproductive rights are mentioned

The Program of Action is a milestone, particularly because it establishes the unbreakable relationship between population and development within the framework of human rights. It also presents the first globally agreed definition of reproductive health and rights.

The agreement signed by the States of the Region mentions reproductive rights and establishes programmatic and strategic measures to guarantee them.