Search

The Manuela and Beatriz cases were introduced in the Inter-American human rights system as strategic litigation to provoke an Inter-American Court of Human Rights ruling that would create abortion rights in El Salvador, one of the most prolife countries in the region. The American Convention on Human Rights, a regional treaty binding on most Latin American and Caribbean countries, contains no provision on abortion, or on sexual and reproductive rights. It does contain, however, in article 4(1) a recognition of the unborn child's right to life and to legal protection thereof: «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». This paper analyzes arguments in the Beatriz Case, the ruling for which is still pending at the time of this writing, and the Manuela decision, issued in 2022, where the court gave the shocking and unprecedented order to create practical impunity for the crime of infanticide in national law. The paper examines its unexpected results and potential effects in national law, should the state choose to comply with all the orders given by the judgment. [ABSTRACT FROM AUTHOR]