Treaty Interpretation of the Right to Life Before Birth by Latin American and Caribbean States: An Analysis of Common International Treaty Obligations and Relevant State Practice at International Fora

Authors

Ligia M. De Jesus

Abstract

It has been argued that the Convention on the Rights of the Child (CRC) and the American Convention on Human Rights (American Convention) mandate the legalization of abortion as a human rights obligation, particularly in developing countries where abortion is considered a crime, such as in most of Latin America and the Caribbean region. However, an appropriate application of international norms of treaty interpretation reveals that these treaties actually recognize and protect the unborn child's right to life and health in a comprehensive manner and are incompatible with the creation of abortion rights, at either the regional or international level.

Recommended Citation

Ligia M. De Jesus, Treaty Interpretation of the Right to Life Before Birth by Latin American and Caribbean States: An Analysis of Common International Treaty Obligations and Relevant State Practice at International Fora, 26 Emory Int'l L. Rev. 599 (2012).
Available at: https://scholarlycommons.law.emory.edu/eilr/vol26/iss2/6