Facts and Norms Institute's analysis incorporated by the Inter-American Court in the Ramos Durand Case

* IA Court's hearing for notification of judgment (Ramos Durand and others Vs. Peru)

SAN JOSÉ, COSTA RICA – March 5, 2026 – The Inter-American Court of Human Rights (IACtHR) has published its highly anticipated judgment in the landmark case of Ramos Durand and others v. Peru, declaring the Peruvian State internationally responsible for the forced sterilization and subsequent death of Celia Edith Ramos Durand in 1997.

The Facts and Norms Institute (FNI), which actively participated in the proceedings by submitting an Amicus Curiae brief, welcomes this historic decision that brings long-awaited justice to the victims.

Notified to the parties on March 5, 2026, the judgment confirms that the surgical intervention inflicted upon Ms. Ramos Durand was not an isolated incident, but rather part of a deliberate state policy carried out under the Fujimori regime.

The Court’s Findings and FNI’s Contributions

The Court’s comprehensive ruling aligns with the legal analysis provided in the FNI Amicus Curiae brief by Leonel Lisboa, Tainá Garcia Maia, and João Fernando Posso. The Court established that the Peruvian State violated Ms. Ramos Durand’s rights to life, personal integrity, personal liberty, private life, access to information, family, equality before the law, and health.

Furthermore, the Court recognized the severe psychological and moral impact the events and the subsequent decades of impunity had on her three daughters, her mother, and her husband.

Several key arguments presented by the Facts and Norms Institute resonated deeply within the Court's ultimate determinations:

• Invalidity of Coerced Consent: FNI argued that a signed consent form obtained under duress or without full comprehension does not constitute genuine informed consent, constituting a severe violation of bodily autonomy. The Court affirmed this, noting that although Ms. Ramos Durand signed a pre-operative document, it was obtained under coercion by state officials who had quotas to meet, without providing her with adequate information regarding the risks, alternatives, or irreversible consequences of the procedure.

  
  

• Intersectional Discrimination and Reproductive Violence: In our memorial, FNI addressed how the population control program disproportionately targeted women based on their gender, class, and race. The Court's judgment explicitly recognizes that the state policy was specifically aimed at rural, indigenous women living in poverty, driven by a premise to limit reproductive choices based on socioeconomic criteria. The Court officially classified these acts as reproductive violence and a violation of the Convention of Belém do Pará.

  
  

• State Responsibility and Due Diligence: Aligning with FNI’s arguments regarding the State's failure to investigate and prosecute, the Court found Peru responsible for the lack of reinforced due diligence in investigating Ms. Ramos Durand’s death. The Tribunal condemned the unjustified delay and the ongoing impunity shielding the intellectual and material authors of these crimes.

* Excerpt from the Court's judgment expressly citing the Facts and Norms Institute.

Comprehensive Reparations Ordered

In its Amicus brief, FNI stressed the critical need for comprehensive reparations, including memory and recognition measures, financial compensation, and guarantees of non-repetition—specifically calling for mandatory human rights training for healthcare professionals.

The Inter-American Court adopted robust reparation measures reflecting these exact needs. The State of Peru has been ordered to:

• Advance the criminal investigations to identify, judge, and sanction those responsible within a reasonable timeframe.

  
  

• Pay financial compensation for material and immaterial damages to Ms. Ramos Durand's family, and provide funds for their psychological rehabilitation.

  
  

• Grant university scholarships to Ms. Ramos Durand's three daughters.

  
  

• Design and implement a comprehensive national public policy on sexual and reproductive health that includes mandatory, continuous training for medical staff and students on informed consent, gender perspectives, and intersectionality.

  
  

• Incorporate the victims who died as a result of these surgeries into the National Registry of Victims of Forced Sterilizations (REVIESFO) so their families can access reparations.

  
  

• Carry out a public act of acknowledgment of international responsibility.

  
  

A Precedent for the Americas

The Inter-American Court has sent a clear, unequivocal message: forced sterilization is an egregious act of gender-based institutional violence. By recognizing the intersectional discrimination that fueled this state policy, the Court has fortified the human rights of marginalized women not just in Peru, but throughout the Americas.

The Facts and Norms Institute is honored to have contributed to the Court’s analysis in this historic case.

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To read the Inter-American Court's Official Press Release (in Spanish), click here.

To read the FNI Amicus Curiae Brief (PDF), click here.