Esperancita Case: towards a minimum legal standard on therapeutic abortion in the Interamerican System of Human Rights
DOI:
https://doi.org/10.1344/rbd2019.0.20407Keywords:
therapeutic abortion, right to life, physical and mental health of women, interpretation methods in international lawAbstract
This paper describes the legal strategy used in the case of Rosaura Almonte (Esperancita) vs. the Dominican Republic before the Inter-American Commission on Human Rights. This argues that Article 4 of the American Convention on Human Rights (ACHR), which enshrines the right to life, establishes that States, in compliance with their obligations, should allow at least therapeutic abortion. Indeed, based on an analysis of the methods of interpretation established in the Vienna Convention on the Law of Treaties and their application in the Inter-American System of Human Rights, it is admissible to establish that Article 4 of the ACHR protects the life and health of the pregnant woman when they are at risk.Downloads
Published
2018-05-29
How to Cite
Sandoval Mantilla, A., & Laguna Trujillo, J. (2018). Esperancita Case: towards a minimum legal standard on therapeutic abortion in the Interamerican System of Human Rights. Revista De Bioética Y Derecho, (43), 127–144. https://doi.org/10.1344/rbd2019.0.20407
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Section
Monographic Dossier
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