Abortion Before the Inter-American Human Rights System: Perspectives, Mobilization, and Litigation

Author : Ana Luiza Gregorio Vidotti

Abstract :This research analyzes the issue of abortion as a gender right within the Inter-American Human Rights System (IAHRS). It explores abortion from an international human rights law perspective, emphasizing its significance as a gender and reproductive right. The study focuses on understanding the perspectives, mobilization, and litigation concerning abortion within the IAHRS, employing both bibliographic review and qualitative and quantitative analysis of multiple cases. It examines decisions from the Inter-American Commission and Court of Human Rights, seeking to clarify whether abortion is recognized as a gender right within the system and how this recognition might influence national legislation toward voluntary pregnancy termination. Key research questions include whether the IAHRS recognizes abortion as a gender right and, if so, to what extent. By analyzing case law, thematic reports, and press releases, the research aims to reveal the system's stance and possible strategic litigation approaches that advocate for abortion rights. This work is particularly relevant in light of political backlash against reproductive rights across the Americas, as restrictive national laws continue to challenge the access to safe and legal abortion. This research aims to offer guidance for future policies and legislation, emphasizing the role of international human rights law in protecting gender rights, especially during periods of legal regression.

Keywords :Abortion rights, gender equality, human rights law, Inter-American system

Conference Name :International Conference on Human Rights and Human Dignity (ICHRHD-24)

Conference Place Montreal, Canada

Conference Date 9th Dec 2024