Maria Mamerita Mestanza Chavez v. Peru

Forced sterilization.  A complaint was raised against Peru for the forced sterilization of Mestanza Chavez, forced sterilization which eventually caused her death. The complaint alleged that she was pressured into sterilization as part of a government objective to curve the population numbers of poor, Indian and rural women. After the sterilization, Mestanza Chavez fell ill from complications and eventually died.  The complaint alleged the violation of Articles 4, 5, 1, and 24 of the American Convention on Human Rights,  Articles 3, 4, 7, 8, and 9 of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women, Articles 3 and 10 of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights, and Articles 12 and 14(2) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The parties reached a friendly settlement under which Peru agreed to investigate and punish those responsible for the forced sterilization, pay the victim's next of kin moral and corollary damages, pay the victim's medical expenses to her next of kin, provide her children with free primary, provide secondary and public university education to the victim's children, and pay money for the victim's spouse to purchase a home. Peru also agreed to amend its reproductive laws to eliminate any discriminatory policies within such laws.



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