Abstract

SANDOVAL-MANTILLA, Alexandra  and  LAGUNA-TRUJILLO, Juliana. Esperancita Case: towards a minimum legal standard on therapeutic abortion in the Interamerican System of Human Rights. Rev. Bioética y Derecho [online]. 2018, n.43, pp.127-144. ISSN 1886-5887.

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.

Keywords : therapeutic abortion; right to life; physical and mental health of women; interpretation methods in international law.

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