SAN JOSÉ, COSTA RICA – 27 February 2025 – The Facts and Norms Institute has submitted an Amicus Curiae brief to the Inter-American Court of Human Rights in the case of Ramos Durand and others v. Peru.
Coordinated by Leonel Lisboa, the Institute's submission was developed in collaboration with assistant researcher João Fernando Posso and invited researcher Dr. Tainá Garcia Maia (Center for Human Rights Erlangen-Nürnberg, Germany).
The Amicus brief provides a comprehensive legal analysis of the case, focusing on violations of reproductive rights, gender discrimination, and the right to informed consent.
Key Arguments of the Amicus Brief:
Violation of Rights: The Institute argues that the forced sterilizations represent a clear violation of internationally recognized reproductive rights, including the right to autonomy, bodily integrity, and informed consent. The brief emphasizes that a signed consent form, obtained under duress or without full understanding, does not constitute genuine consent. The brief cites relevant international jurisprudence, including cases from the European Court of Human Rights (V.C. v. Slovakia, Y.P. v. Russia) and the Inter-American Court itself (I.V. v. Bolivia).
Gender, Class, and Racial Discrimination: The brief highlights the discriminatory nature of Fujimori's population control program, which disproportionately targeted women, particularly indigenous women and those living in poverty. It uses Sandra Fredman's multidimensional framework of substantive equality to demonstrate how the program reinforced harmful gender stereotypes and exacerbated existing inequalities. It argues that this constitutes a form of gender-based violence.
State Responsibility: The Institute argues that the Peruvian state is responsible for the human rights violations committed under the Fujimori regime, including the failure to protect women from forced sterilization, the lack of adequate investigation and prosecution of those responsible, and the failure to provide full reparations to victims.
Reparations: The brief calls for comprehensive reparations for the victims, including financial compensation, access to medical and psychological care, and measures of memory and recognition. It also stresses the importance of non-repetition measures, including mandatory human rights training for healthcare professionals and strengthening support mechanisms for victims of reproductive rights violations.
Relevance of Brazil: The amicus curiae also uses, as a historical example, the evolution of the reproductive laws and policies in Brazil.
About the Facts and Norms Institute:
The Facts and Norms Institute is a Global South-based academic institution with a strong record of promoting human rights education and conducting legal research. The Institute has extensive experience collaborating with international bodies, including the United Nations and the Inter-American Court of Human Rights, through Amicus Curiae submissions and research projects on various human rights issues. The Institute has a proven track record of influencing IACHR jurisprudence, as demonstrated by the citation of its Amicus brief in the Court's recent Leite de Souza and others v. Brazil decision.
Significance of the Case:
The Ramos Durand and others v. Peru case is a landmark case that could set a significant precedent for addressing forced sterilization and other reproductive rights violations in the Americas. The IACHR's decision will have implications not only for Peru but also for other countries in the region where similar practices have occurred. The Facts and Norms Institute's submission aims to contribute to the Court's analysis and ensure that justice is served for the victims of these egregious human rights abuses.
To read the Memorial, click here:
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