Abortion in Latin America and the Caribbean : The Legal Impact of the American Convention on Human Rights

Format:

Book

Author/Creator:

Castaldi, Ligia De Jesus

Series:

Kellogg institute series on democracy and development

Language:

English

Subjects (All):

Abortion--Law and legislation--Latin America.

Abortion.

Abortion--Law and legislation--Caribbean Area.

Human rights.

Caribbean Area.

Latin America.

American Convention on Human Rights (1969 November 22).

American Convention on Human Rights.

Physical Description:

1 online resource (pages cm).

Manufacture:

Baltimore, Md. : Project MUSE, 0000

Place of Publication:

University of Notre Dame Press, 2020

Notre Dame : University of Notre Dame Press, 2020.

Summary:

"This new and original study by Ligia Castaldi is the first major publication to analyze in detail the abortion laws of the Latin American and Caribbean nations that are parties to the American Convention on Human Rights. Making use of a broad range of materials relating to human rights and abortion law that are not yet available in English, the first part of this book analyzes how Inter-American human rights bodies have interpreted the American Convention's prenatal right to life. The second part examines Article 4(1) of the American Convention, setting forth a comparative analysis of the laws regarding prenatal rights and abortion in all twenty-three nations that are parties to this treaty. Castaldi questions how Inter-American human rights bodies currently interpret Article (4)1. Against the predominant view, she argues that the purpose of this treaty is to grant legal protection of the unborn child from elective abortion that is broad and general, not merely exceptional. Abortion in Latin America and the Caribbean offers an objective analysis of national and international laws on abortion that presents much valuable information about these laws for the first time in English. Castaldi proposes a new interpretation of the American Convention's right to life provision that is nonrestrictive and provides general protection for the unborn. The book will appeal not only to students and scholars in the field of international human rights but also to human rights advocates more generally"-- Provided by publisher.

Contents:

Cover

Half Title

Title Page

Copyright

Dedication

Contents

Acknowledgments

Abbreviations

Introduction

ONE The Inter-American Commission on Human Rights' Inconsistent Treatment of the Prenatal Right to Life

TWO The Inter-American Court of Human Rights' Restrictive Approach to the Prenatal Right to Life

THREE Toward a Nonrestrictive Interpretation of the American Convention's Prenatal Right to Life from Conception

FOUR Evolutive Interpretation: State Practice on Prenatal Personhood and Human Rights Entitlement

FIVE Evolutive Interpretation

SIX Systemic and Historic Interpretation

Conclusion

Notes

Bibliography

Index

Notes:

Description based on print version record.

ISBN:

9780268107673

026810767X

9780268107680

0268107688