Threaten Costa Rica to protect the rights of the embryo
By Terrence McKeegan, JD Tyler Ament
WASHINGTON, April 22 (C-FAM) Costa Rica should be legalized in vitro fertilization vitro, according to the Human Rights Commission or otherwise be punished because of alleged human rights violations covered by legislation international.
In 2000, the Constitutional Court of Costa Rica found that IVF was unconstitutional because it violated the right to life of the embryo. Four years later, the Center for Reproductive Rights asked the Inter-American Commission on Human Rights to accept a case on the grounds that the ban violated human rights of two Costa Rican partners.
The Commission accepted the case last fall and asked the government of Costa Rica to legalize IVF, which, as the Commission argues, it is necessary to comply with the American Convention on Human Rights (ACHR).
According to excerpts from the report of the Commission obtained by the Costa Rican press, this body ruled that the prohibition of IVF by the government invades the privacy of families and the right "to found a family according to their own desires and aspirations." The report censures
Costa Rica as the only country in the Americas to prohibit IVF, and argues that the purpose of government to protect human life led to restrictions that are too "severe."
Costa Rica's government argued before the Commission that Article 4 of the ACHR would justify the prohibition of IVF, as it establishes that the right to life of every person "shall be protected by law and, in general, from time conception. " The Costa Rican Constitution takes this principle further and says that "human life is inviolable." In addition, the Civil Code of this country protects life from "300 days before his birth." While
Costa Rica initially defended the ban, the country has now submitted a bill to legalize IVF, but under severe restrictions. This project is limited to six the number of embryos that can be generated and requires that all embryos implanted. This did not please the Center for Reproductive Rights. The government of Costa Rica did not advance the bill and asked the Commission to extend the deadline until 31 May.
Martha Hull, former Deputy Minister of Foreign Affairs of Honduras, said that IVF is "basically a business that takes advantage of those who believe they can achieve something good, like a child, no matter how." He also stated that international pressure on Costa Rica demonstrates a desire to turn that country into a haven for cheap IVF because it is an expensive procedure in developed countries.
Although many reports indicate that the report of the Commission requires to Costa Rica to change its laws, it is an advisory body whose recommendations are not binding on states. If a state does not address a recommendation from the Commission this has the option of submitting the case to the Interamerican Human Rights Court, which is responsible for interpreting and ensuring compliance with the ACHR.
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