Petition by VDA, on behalf of her daughter LMR, alleging violation of LMR’s rights under the International Covenant on Civil and Political Rights (ICCPR). Alleged violations include the right to freedom from torture or other cruel, inhuman or degrading treatment, and the right to privacy; right to be free from discrimination in access to medical care; right to privacy regarding medical treatment decisions; right to access to medical care; right to a legal abortion.
The Human Rights Committee cannot impose damages. However, the Committee did point to Article 2 of the Optional Protocol to the ICCPR, which creates an obligation for Argentina to provide compensation as a remedy and to take steps to ensure similar violations of the Covenant do not occur.
The case contributed to a growing consensus in international law that restricting women’s access to an abortion may be considered torture or cruel, inhuman or degrading treatment under article 7 of the ICCPR. It also demonstrated that obstructing access to legal, elective medical procedures may violate the Covenant. Additionally, it indicates that the Court will analyze the right of a person with a disability under article 7 in a way which heightens the recognized impact of the violation.