CCPR/C/130/D/3639/2019
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
4 June 2021
English
Original: Spanish
Human Rights Committee
Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 3639/2019*, **
Communication submitted by:
E.I.G.R. (represented by counsel, Electra Leda
Koutra and Marta Busquets Gallego)
Alleged victim:
The author
State party:
Spain
Date of communication:
30 July 2019 (initial submission)
Document references:
Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 6 August 2019 (not issued in
document form)
Date of adoption of decision:
6 November 2020
Subject matter:
Involuntary induction of labour
Procedural issue:
Exhaustion of domestic remedies
Substantive issues:
Integrity; autonomy; privacy; dignity
Articles of the Covenant:
7, 9 and 17
Articles of the Optional Protocol:
3 and 5 (2) (b)
1.1. The author of the communication is E.I.G.R., a national of Spain. She claims that the
State party has violated her rights under articles 7, 9 and 17 of the Covenant. The Optional
Protocol entered into force for the State party on 25 April 1985. The author is represented by
two lawyers.
1.2
On 3 June 2020, pursuant to rule 94 of its rules of procedure, the Committee, acting
through its Special Rapporteurs on new communications and interim measures, granted the
State party’s request for the admissibility of the communication to be examined separately
from the merits.
The facts as submitted by the author
2.1
On 29 July 2019, the author, who was 41 weeks and 1 day pregnant, went to the Rey
Juan Carlos University Hospital in Móstoles for some routine check-ups. She claims that, on
that occasion, the birth plan that she presented was rejected and that the hospital staff told
* Adopted by the Committee at its 130th session (12 October–6 November 2020).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Furuya Shuichi,
Christof Heyns, Bamariam Koita, David H. Moore, Duncan Laki Muhumuza, Photini Pazartzis,
Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany, Hélène Tigroudja,
Andreas Zimmermann and Gentian Zyberi.
GE.21-07305 (E)
290621 290621