Abstract

BRENA SESMA, Ingrid. Interpretation of article 4.1 of the American Convention on Human Rights, judgment of the Inter-American Court of Human Rights case of Artavia Murillo et al. ("in vitro fertilization") v. Costa Rica. Cuest. Const. [online]. 2014, n.31, pp.3-28. ISSN 1405-9193.

The Inter-American Court of Human Rights declared on the need for a deeper analysis of the scope of Article 4.1 of the American Convention on Human Rights, given that the Court's jurisprudence had not addressed the right of life at conception in a recent ruling against Costa Rica. The Court's justices considered as inescapable the need to draft an interpretation of the terms "conception", "person" and "in general" contained in the abovementioned Article 4.1. To reach such consensus, the justices analyzed the evolution of the international human rights protection framework as well as an exegesis according to the current use of such terms, in both the systematic and historical spheres of the Treaty's purpose and objectives. The result was an interpretation based on solid arguments, supported by scientific evidence and free of dogma and religious influences.

Keywords : conception; beginning of life; Inter-American Court of Human Rights; jurisprudence of the Inter-American Court of Human Rights; secularism.