K.L. v. Peru

A 17 year old was diagnosed with an anencephalic fetus. Her hospital physician recommended a lawful therapeutic abortion, but the hospital director refused, forcing her to carry to term. The newborn died four days after birth, and the 17 year old suffered severe physical and psychological harm. Peru offered no effective administrative or judicial remedy and did not cooperate before the Committee. Declaring the claims under articles 6, 7, 17, and 24 admissible (and finding articles 3 and 26 unsubstantiated; article 2 accessory), the Committee held that Peru violated article 7 (cruel, inhuman or degrading treatment), article 17 (arbitrary interference with privacy), and article 24 (special protection of minors), and article 2 in conjunction with those provisions; it found it unnecessary to reach article 6. Remedies ordered included an effective remedy with compensation, measures to prevent recurrence, and publication of the Views. 

Topics

• Abortion and reproductive health rights
• Gender-based violence in general

Geographical location

• South America
• Peru

Keywords

• reproductive rights
• cruel and unusual punishment
• peru
• 2003
• human rights committee

Year

• 2005

External URL

• K.L. v. Peru

Court

• Human Rights Committee

Type

• International Case Law

Jurisdiction

• Human Rights Committee