La procreación artificial en la atención de la Corte Interamericana de los Derechos Humanos: El" Caso Grettel Artavia Murillo y otros vs. Costa Rica"

[Autom. eng. transl.] This contribution examines case n. 12 .361 Grettel Artavia Murillo et al. Costa Rica "on which a ruling is expected from the Inter-American Court of Human Rights. The controversy originates from the judgment of the Costa Rican Constitutional Court (of March 15, 2000 n. 2000-02306) that it had annulled for reasons of form and substance of Executive Decree No. 24029-S1 (of February 3, 1995) on artificial human procreation.The dispute continues before the Inter-American Commission called by a "Petition" that accuses the Republic of Costa Rica of having violated the rights of some couples waiting to carry out their “father project.” The prohibition of artificial insemination would, in short, conflict with the right to privacy and family life, with the right to found a family, with the principle of equality contained in the American Convention on Human Rights ("Pact of San José"). At the end of a long road and a broad debate, the Commission has considered that such rights have They have been raped and have referred the case to the Inter-American Court of Human Rights. With reference to this new phase, this article reports on the "Amicus Curie Brief" presented to the Court by the Italian Movement for Life, by the Bioethics Institute, by the Crece Familia-CreceFam Association, by the Coordination of Human Life lnternational and by Bioethics Defend Found. In the "Brief" it is stated that Costa Rica's prohibition does not violate the American Convention on Human Rights, which states: "Everyone has the right to respect for his own life. Such right is protected by law and, in general, is protected at the moment of conception. No one can be arbitrarily deprived of life (art. 4/1). In addition, it seems that scientific and legal arguments are presented in support of the prohibition of artificial procreation, in name of the recognition of human dignity and the consequent right to life of the human being in the youngest phase of his existence.This right, first of all, is already widely accepted in the American Convention on the Rights of Man signed and ratified by the Republic of Costa Rica