La procreazione artificiale all’attenzione della Corte interamericana dei diritti dell’uomo. Il “Caso Gretel Artabia Urillo et Al. Vs. Costa Rica”

Translated title of the contribution: [Autom. eng. transl.] Artificial procreation for the attention of the Inter-American Court of Human Rights. The "Gretel Artabia Urillo et Al. Vs. Costa Rica Case"

Marina Casini, Antonio Gioacchino Spagnolo, Carlo Casini, Rafael Santamaria D'Angelo, Joseph Meaney, Nikolas Nikas

Research output: Contribution to journalArticle

Abstract

Human artificial procreation before the Inter-American Court on Human Rights. The “Case Gretel Artabia Urilla et Al. vs. Costa Rica”. The article deals with the “Case n. 12.361 Gretel Artavia Urilla et Al. vs. Costa Rica” which the Inter-American Court of Human Rights is going to decide. This case has its roots in the Supreme Court of Costa Rica’s decision (n. 2000-02306, March 15, 2000) which annulled the Decree n. 24029-S1 (February, 3, 1995) on human artificial procreation because of both formal and substantial aspects. Indeed, the Supreme Court of the Costa Rica considered that in vitro fertilization constituted a threat against human life before birth. Afterwards, the Inter-American Commission on Human Rights received a “Petición” which charged Costa Rica with a violation of the rights of some couples who wanted to achieve parenthood by medically assisted procreation. In short, according to Petitioner, the ban on in vitro fertilization violated the right to privacy and family life, the right to raise a family and equality before the law and equal protection established in the American Convention on human rights (“Pact of Saint José”). At the end of a long iter and an extended debate, the Inter-American Commission on Human Rights submitted the case to the jurisdiction of the Inter-Ameri can Court of Human Rights claiming the violation of said rights and asking the Court to rule and declare the international responsability of the Costa Rican Republic. Regarding this new stage, the article relates the “Escrito de Amici Curiae” sent to the Inter-American Commission on Human Rights by the Italian Movement for the Life, the Institute of Bioethics of teh Catholic University of the Sacred Heart, Asociación Crece Familia-CreceFam, Human Life International and the Bioethics Defense Fund. This “Escrito” argues that Costa Rica’s ban does not violate the American Convention on Human Rights which says that “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life” (article 4/1). Besides the “Escrito” presents scientific and legal arguments corroborating the ban on artificial human procreation in the light of modern idea of human rights, recognition of human dignity and the right to life of human beings in the youngest stages of their lives. This right, the primary or first right, is already widely recognized in the American Convention on Human Rights, signed and ratified by Costa Rica’s Republic.
Translated title of the contribution[Autom. eng. transl.] Artificial procreation for the attention of the Inter-American Court of Human Rights. The "Gretel Artabia Urillo et Al. Vs. Costa Rica Case"
Original languageItalian
Pages (from-to)389-425
Number of pages37
JournalMEDICINA E MORALE
VolumeLXII
Publication statusPublished - 2012

Keywords

  • Biodiritto
  • embrione umano
  • fecondazione artificiale

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