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Comparative and Foreign Law

Comparative and Foreign Law

Ligia M. De Jesus

Publication Year

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The Inter-American Court On Human Rights’ Judgment In Artavia Murillo V. Costa Rica And Its Implications For The Creation Of Abortion Rights In The Inter-American System Of Human Rights, Ligia M. De Jesus Jan 2015

The Inter-American Court On Human Rights’ Judgment In Artavia Murillo V. Costa Rica And Its Implications For The Creation Of Abortion Rights In The Inter-American System Of Human Rights, Ligia M. De Jesus

Ligia M. De Jesus

In Artavia, the Inter-American Court on Human Rights addressed the meaning of article 4(1) the American Convention on Human Rights, which recognizes a person’s right to life beginning at conception. The court handed a restrictive interpretation of this provision, holding that, before implantation, the human embryo is not a person entitled to human rights protection under the American Convention, while redefining the term “conception” as implantation, not fertilization. The court also redefined article 4(1)’s terms “in general, from the moment of conception” to mean that only gradual or incremental protection should be given to prenatal life ...


Abortion In Latin America And The Caribbean: A Comparative Analysis Of Domestic Laws And Relevant Jurisprudence Following The Adoption Of The American Convention On Human Rights, Ligia M. De Jesus Jan 2014

Abortion In Latin America And The Caribbean: A Comparative Analysis Of Domestic Laws And Relevant Jurisprudence Following The Adoption Of The American Convention On Human Rights, Ligia M. De Jesus

Ligia M. De Jesus

Laws prohibiting abortion and laws allowing it under certain circumstances coexist in Latin America and Caribbean. This paper examines whether these sets of norms evince any consistencies in the region as a whole and whether recent trends in legislation and jurisprudence favor recognition of abortion rights. The paper carries out a comparative analysis of relevant Latin American and Caribbean national constitutions, primary laws (i.e. laws that prevail over lesser regulations or administrative directives), domestic jurisprudence and high court decisions on abortion. The question is relevant for the purposes of treaty interpretation, particularly the interpretation of the American Convention on ...


Prenatal Rights Outside The Context Of Abortion In Latin America And The Caribbean: A Comparative Analysis Of Domestic Laws And Relevant Jurisprudence Following The Adoption Of The American Convention On Human Rights, Ligia M. De Jesus Jan 2014

Prenatal Rights Outside The Context Of Abortion In Latin America And The Caribbean: A Comparative Analysis Of Domestic Laws And Relevant Jurisprudence Following The Adoption Of The American Convention On Human Rights, Ligia M. De Jesus

Ligia M. De Jesus

This article is the first comprehensive overview of prenatal rights in Latin America and the Caribbean and contains the most updated research on prenatal rights in 25 Latin American and Caribbean countries. The paper addresses Latin American and Caribbean states’ interpretation of article 4(1) of the American Convention on Human Rights, which protects the right to life, “in general, from the moment of conception” by specifically looking at state practice on recognition of prenatal rights. State practice subsequent to the adoption of a treaty, which establishes the agreement of the parties regarding its interpretation, is a primary source of ...


Treaty Interpretation Of The Right To Life Before Birth By Latin American And Caribbean States: An Analysis Of International Treaty Obligations, Regional Agreements And Relevant State Practice, Ligia M. De Jesus Jan 2012

Treaty Interpretation Of The Right To Life Before Birth By Latin American And Caribbean States: An Analysis Of International Treaty Obligations, Regional Agreements And Relevant State Practice, Ligia M. De Jesus

Ligia M. De Jesus

Even though non-judicial international human rights bodies routinely promote the understanding that the Convention on the Rights of the Child and the American Convention on Human Rights mandate the legalization of abortion, states parties have authoritatively interpreted their treaty obligations otherwise. This article examines, in particular, evidence of Latin American and Caribbean states’ interpretation of these treaties as recognizing and protecting the unborn child’s right to life and health in a comprehensive manner, as well as evidence of their rejection of abortion rights in international fora. Section II discusses international treaties ratified by Latin American and Caribbean states that ...