• This is the first time an international tribunal has ruled on the right to care, recognizing that all people have the right to care for others, receive care, and exercise self-care. 

• In Latin America and the Caribbean, women dedicate three times more time to unpaid care work than men, which stems from gender stereotypes. 

• The recognition of this right obliges States to implement public policies that enable caregivers and care recipients to pursue their well-being autonomously. 

8.8.2025 – (Press Release). Today, the Inter-American Court of Human Rights (IACtHR) made a historic decision, recognizing for the first time that the right to care is an autonomous human right. This means that everyone has the right to give care, receive care, and to care for themselves. In Advisory Opinion AO 31/25, the court—the highest human rights tribunal in the region—clarified that this right includes access to the necessary time and spaces for people to exercise it, allowing them to pursue their life goals with greater autonomy. 

The Court sided with the arguments put forth by the Center for Reproductive Rights, Ipas Latin America and the Caribbean, and a broad coalition of feminist and human rights organizations. In its decision, it recognized that self-care is intrinsically linked to sexual and reproductive health. This recognition requires States to guarantee access to information and services, enabling people to make free and informed decisions about fundamental aspects of their lives, such as pregnancy, childbirth, and motherhood. 

Women perform a staggering 76.2% of all unpaid care work globally, spending 3.2 times more time on these life-sustaining tasks than men. This feminization of care not only deepens gender inequalities but also impacts reproductive autonomy and restricts equal opportunities, thereby perpetuating systemic discrimination against women. The Court acknowledged that this situation is further exacerbated  by the intersection of other forms of discrimination, including age, race, ethnicity, socioeconomic status, migratory status, disability, and issues like adolescent pregnancy. 

“Today, with the decision of the Inter-American Court of Human Rights, a historic debt is settled in a society that never understood care as a right, but rather as a role assigned to women based on discriminatory stereotypes. By recognizing it as an autonomous human right, care—and self-care—can be exercised in conditions of true equality, freely and with dignity. Adopting measures to eradicate gender stereotypes about care work and promoting access to comprehensive health services focused on people’s well-being, such as sexual and reproductive health, will be crucial for the enjoyment of this right to become a reality,” said Catalina Martínez Coral, Vice President for Latin America and the Caribbean at the Center for Reproductive Rights.  

The Inter-American Court underscored that the right to care cannot be fully exercised without an intersectional approach to address the structural reasons behind its unequal distribution. Specifically, it demands that States implement public policies, and legal, educational, and labor reforms to promote a more equitable distribution of care. This includes recognizing the economic value of care; providing mandatory and paid paternity leave that is equal to maternity leave; ensuring labor flexibility for caregivers; and establishing community support networks. 

Through this Advisory Opinion, the Court also recognized that, to guarantee the right to self-care, States must provide sexual and reproductive health services. This involves promoting access to accurate and timely information on reproductive health for all individuals and ensuring that prior, free, and informed consent is obtained in this field. 

“We acknowledge the progress represented by the IACtHR’s declaration of care as an autonomous human right and its connection to reproductive health. This ruling reaffirms that to achieve gender equality, States must guarantee that women, trans men, and non-binary people who can become pregnant can make decisions about their bodies without being subject to imposed mandates of motherhood or care. Recognizing care as a right brings us closer to a society where living, deciding, and caring in freedom is possible and commits States to guarantee it,” noted Marisol Escudero Martínez, Advocacy Deputy Director at Ipas Latin America and the Caribbean. 

Advisory Opinion 31 of 2025 marks a milestone for international human rights law and for feminist and social movements that have demanded recognition of care as a matter of social justice for decades. 

With this decision, the Inter-American Court of Human Rights sets a precedent that could transform the legal and social landscape of Latin America. It makes it clear that care is a collective responsibility involving families, communities, businesses, civil society, and the State, and that society must support both those who provide care and those who need it. 

The recognition of the right to care, and its close relationship with sexual and reproductive health, represents a decisive step toward ensuring personal autonomy, the development of life projects, and a dignified existence for all people, without distinction of gender, origin, or social status. 

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