Does the Inter-American Court behave like an international court? : some reflections about monitoring compliance in the case “Artavia Murillo vs. Costa Rica”

Abstract

This article describes the monitoring of compliance with the judgment in “Artavia Murillo et al. v/ Costa Rica (‘in vitro fertilization’ case)”, issued by the Inter-American Court of Human Rights in 2012, where the court ordered Costa Rica to lift its ban on in vitro fertilization and to subsidize it through its Social Security System. In particular, the paper analyzes the Court’s actions in the aftermath of the judgment, in provisional measures, the supervision of compliance hearing and the supervision of compliance resolution in relation to the “Artavia” case, all of which show different substantive and formal irregularities that affect both the case in point as well as the Inter-American System of Human Rights in general.