Informed Consent and Obstetric Violence: Legal Analysis of International Responsibility in the Celia Ramos Durand Case

Abstract

This legal article analyzed the violations of reproductive rights and obstetric violence in Peru that occurred under the National Program for Reproductive Health and Family Planning during the 1990s. The main objective was to examine the legal and social implications of the Celia Ramos Durand case, based on the adaptation of the amicus curiae brief presented to the Inter-American Court of Human Rights. The research employed a qualitative, dogmatic case study methodology, based on a documentary review of national and international regulations, as well as the analysis of judicial files, testimonies, and statistical data. The results evidenced a systematic pattern of forced sterilizations performed without informed consent, targeting rural women living in poverty and vulnerability within a context of structural inequality. Furthermore, the study identified the inadequacy of domestic judicial investigations and the lack of truly effective reparations by the Peruvian State. State responsibility regarding these coercive practices was discussed as a serious violation of human dignity. In conclusion, it was determined that this case represents a historical debt of justice, highlighting the urgent need to implement guarantees of non-repetition and reparation measures for the victims in Peru