Reproductive Rights by The American Convention

This article critically examines two significant cases within the Inter-American Human Rights System (IAHRS): Artavia Murillo v. Costa Rica and Manuela v. El Salvador. The Artavia Murillo case addresses the prohibition of in vitro fertilization (IVF) in Costa Rica and its implications for reproductive autonomy and gender equality. Meanwhile, the Manuela case highlights the criminalization of obstetric emergencies in El Salvador and its disproportionate impact on vulnerable women. Through an analysis of these cases, the article explores how the Inter-American Court of Human Rights (IACtHR) and the Inter-American Commission on Human Rights (IACmHR) have addressed issues of reproductive rights, gender-based violence, and systemic discrimination. The discussion further investigates the role of the principle of incremental protection of life under Article 4.1 of the American Convention on Human Rights. It concludes by identifying key contributions and limitations in the IAHRS jurisprudence regarding the intersection of human rights and reproductive justice.