CEDAW/C/89/D/170/2021
propose mechanisms to address the issue of persons affected by forced sterilizations
during the period 1995–2001. On 16 November 2022, special constitutional court
No. 5 of the High Court of Lima recognized the constitutional right of such persons
to reparations and ordered the Ministry of Justice and Human Rights to put in place a
policy on reparations for women entered in the Registry of Victims of Forced
Sterilization. The Ministry was to ensure the effective participation of, and
coordination with, victims’ associations and organizations in the design, development
and implementation of the policy.
Case of María Elena Carbajal Cepeda
2.7 On 18 September 1996, María Elena Carbajal, originally from Chepén, La
Libertad, who was 26 years old, arrived alone at María Auxiliadora Hospital in Lima
to give birth to her fourth child. María Elena asked to see her newborn, but the hospital
staff refused, telling her that she already had four children and that this must be her
last. Days later, they told her that her son would be returned to her only if she agreed
to be sterilized. The author states that they hid her newborn son from her and that she
was put under so much pressure that she ultimately agreed. She adds that she was
traumatized following a second-degree prolapse. Her husband abandoned her at the
hospital when he found out about the sterilization and, after their separation, she faced
serious financial problems. Shortly thereafter, she experienced physical and
emotional disorders. At the age of 31, after a hysterectomy, María Elena was told by
doctors that her low level of hormone production was the result of the sterilization
and was given hormone replacement therapy, which caused her to suffer repeated
nervous breakdowns. She had no choice but to discontinue the treatment, and was
diagnosed with osteoporosis, arthritis and early menopause. Being poor and having a
low level of education, María Elena did not fully understand what had happened and
assumed that sterilization was common and legal. Unaware of her rights and without
financial means, she did not take legal action against the Government. In 2017, as a
result of an event in her municipality, she learned that forced sterilization was a crime.
On 18 July 2017, she was registered in the Registry of Victims of Forced Sterilization
and her case was subsequently included in investigation No. 14-2016, by Decision
No. 111 of 11 September 2018. She is currently President of the Association of
Victims of Forced Sterilization of Lima and Callao.
Case of Florentina Loayza Cárdenas
2.8 In 1997, 19-year-old Florentina Loayza lived with her husband and son in the
mountains near Huancavelica, at more than 3,500 metres above sea level. In April of
that year, public officials arrived to deliver food to the poorest women. Florentina
went to the Paucarbamba health centre, where the food was supposed to be
distributed. However, upon arrival, the women were locked in and the doctors
announced that the women on their list would undergo an operation, free of charge,
before receiving the food. When she realized that she was going to be sterilized,
Florentina tried to escape, but was forcibly restrained and told “You’re no t leaving
here because you’re on the list”. She states that she did not sign any document and
that, when she asked why the sterilizations were being performed, they responded
“You’re from the highlands, you’re going to have lots of children”, adding that i t was
“a small cut” and that the ligation would only last five years. After the operation,
Florentina started to experience severe abdominal pain. After learning of the
sterilization, her husband abandoned her because he wanted to have more children.
Motherhood is highly valued in her community, and her only son was constantly
harassed for not having siblings. She did not take legal action at the time, as she
mistakenly believed that she would be able to have children again in five years. On
29 November 2017, by Decision No. 66, her case was included in investigation
No. 14-2016. Having provided a statement to the Office of the Prosecutor, she was
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