i)
Preparatory work of the American Declaration of the Rights and Duties of Man
194. Pursuant to Resolution XL of the 1945 Inter-American Conference on Problems of
War and Peace, the Inter-American Juridical Committee drew up a draft Declaration of the
Rights and Duties of Man to be considered by the Ninth International Conference of
American States in 1948. 291 This text was analyzed during the Conference in conjunction
with the preliminary text of the International Declaration on Human Rights prepared by the
United Nations in December 1947. 292
195. Article I of the draft declaration submitted by the Juridical Committee stated the
following with regard to the right to life:
Every person has the right to life. This right extends to the right to life from the moment of conception;
to the right to life of incurables, imbeciles and the insane. Capital punishment may only be applied in
cases in which it has been prescribed by pre-existing law for crimes of exceptional gravity. 293
196. Subsequently, a working group was created, 294 which submitted a new preliminary
text to the Sixth Committee entitled American Declaration of the Fundamental Rights and
Duties of Man; 295 the new Article 1 of which reads:
Every human being has the right to life, liberty, and the security and integrity of his person. 296
197. In its report to the Sixth Committee, the working group explained this new article
and other changes introduced as a compromise to resolve the problems raised by the
delegations of Argentina, Brazil, Cuba, Mexico, Peru, Uruguay, the United States of America
and Venezuela, mainly as a result of the conflict existing between the laws of those States
and the draft prepared by the Juridical Committee, 297 because the definition of the scope of
the right to life in the Juridical Committee’s draft was incompatible with the laws on capital
punishment and abortion in most American States. 298
198. On April 22, 1948, the Sixth Committee approved article I of the Declaration with a
slight change in the wording of the Spanish text. 299 The definitive text of the Declaration
was approved at the seventh plenary session of the Conference on April 30, 1948. 300 The
only difference in the final version was the elimination of the word “integrity.” 301 The final
version that was approved stated:
291
Cf. Inter-American Juridical Committee, Reports and Recommendations, Official Documents, 1945-1947,
Río de Janeiro, 1960.
292
Cf. Inter-American Commission on Human Rights, Baby Boy v. United States, Case 2141, Report No.
23/81, OEA/Ser.L/V/II.54, doc. 9 rev. 1 (1981), para. 19(a)
293
Cf. IX Conferencia Internacional Americana - Actas y Documentos, Vol. V, p. 449.
294
Cf. IX Conferencia Internacional Americana - Actas y Documentos, Vol. V, pp. 474 and 475.
295
Cf. IX Conferencia Internacional Americana - Actas y Documentos, Vol. V, pp. 476 and 478.
296
Cf. IX Conferencia Internacional Americana - Actas y Documentos, Vol. V, p. 479.
297
Cf. Inter-American Commission on Human Rights, Baby Boy v. United States, Case of 2141, Report No.
23/81, OEA/Ser.L/V/II.54, doc. 9 rev. 1 (1981), para. 19(d) (citing IX Conferencia Internacional Americana - Actas
y Documentos, Vol. V, pp. 474-484, 513-514).
298
Cf. Inter-American Commission on Human Rights, Baby Boy v. United States, Case of 2141, Report No.
23/81, OEA/Ser.L/V/II.54, doc. 9 rev. 1 (1981), para. 19(e).
299
Cf. IX Conferencia Internacional Americana - Actas y Documentos, Vol. V, p. 578. The final text was:
“Every human being has the right to life, liberty and the safety and integrity of his person.”
300
Cf. IX Conferencia Internacional Americana - Actas y Documentos, Vol. V, pp. 231, 234 and 236.
301
Cf. IX Conferencia Internacional Americana - Actas y Documentos, Vol. V, p. 248.