Interpretación de los tratados relativos al derecho a la vida del que está por nacer en América Latina y el caribe: un análisis de las obligaciones internacionales, acuerdos regionales y práctica estatal pertinente
Even though non-judicial international bodies currently promote a distorted understanding of human rights treaty obligations as mandating the legalization of abortion, states parties and international courts, which alone may issue authoritative interpretations of international human rights treaties,...
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| Format: | Article |
| Language: | Spanish |
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Universidad Bernardo O'Higgins
2013
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4338481 |
| Source: | Ars Boni et Aequi, ISSN 0719-2568, Vol. 9, Nº. 1, 2013, pags. 53-102 |
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| Summary: |
Even though non-judicial international bodies currently
promote a distorted understanding of human rights treaty obligations as
mandating the legalization of abortion, states parties and international
courts, which alone may issue authoritative interpretations of international
human rights treaties, have interpreted the Convention on the
Rights of the Child and the American Convention on Human Rights
to recognize right to life from conception and to protect the unborn
child from abortion. This article examines evidence of Latin American
and Caribbean states’ rejection of abortion rights, as well as evidence
of legally binding interpretation of their treaty obligations to recognize
and protect the right to life before birth under the Convention on the
Rights of the Child and the American Convention on Human Rights.
Sections II and III discuss international treaties ratified by Latin American
and Caribbean states that explicitly protect pre-natal life as well as
other applicable rules of international law in the region, including
international norms of treaty interpretation. Section III addresses subsequent state practice in international for evincing the agreement
of Latin American and Caribbean states regarding treaty interpretation,
such as international declarations, regional declarations, reservations
upon treaty ratification, official reports to treaty monitoring bodies,
official communications with regional human rights bodies and relevant
decisions by regional and international tribunals. |
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