Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
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 Human …
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 …