204. In order to accommodate the different opinions concerning the wording “from the
moment of conception” that had been voiced since the Ninth International Conference of
American States held in Bogotá in 1948 owing to the legislation of the American States that
permitted abortion, the Inter-American Commission on Human Rights redrafted Article 2
(Right to Life) to introduce the words “in general” immediately before the phrase “from the
moment of conception.” 309 This compromise was the origin of the new text of Article 2(1)
that indicated:
Every person has the right to have his life respected. This right shall be protected by law, in general,
from the moment of conception. 310
205. This proposal was reviewed by the Commission’s rapporteur, who reiterated his
dissenting opinion and proposed the elimination of the entire phrase, “in general, from the
moment of conception,” in order to avoid any possible conflict with paragraph 1 of article 6
of the International Covenant on Civil and Political Rights, which establishes this right in a
general way only. 311 However, the Commission considered that “on principle, it was essential
to establish the protection of the right to life as recommended by the Council of the
Organization of American States in its Opinion (Part I). 312 It was accordingly decided to keep
the proposed text of Article 2(1) without change.
206.
At the Inter-American Specialized Conference on Human Rights, held from
November 7 to 22, 1969, which approved the American Convention, the delegations of the
Dominican Republic and Brazil introduced separate amendments to delete the phrase “in
general, from the moment of conception.” 313
207. Regarding the text of the right to life (Article 3), the delegation of the Dominican
Republic considered that “it would enhance the universal concepts of human rights if the
that it forwarded to the OAS Council on November 4, 1996 (Part I) and on April 10, 1967 (Part II). Cf. “Opinion
prepared by the Inter-American Commission on Human Rights on the draft Convention on Human Rights approved
by the Inter-American Council of Jurists (Civil and political rights), Part I,” OEA/Ser.L/V/II.15/doc.26, and “Opinion
prepared by the Inter-American Commission on Human Rights on the draft Convention on Human Rights approved
by the Inter-American Council of Jurists Part II,” OEA/Ser.L/V/II.16/doc.8. in: Anuario Interamericano de Derechos
Humanos 1968, OAS, Washington D.C., 1973, pp. 320 ff. and 334 ff. In addition, by a resolution of June 7, 1967,
the OAS Council consulted the Governments of the Member States on the possibility of the coexistence of the
conventions signed within the United Nations and an inter-American convention on human rights. Subsequently,
the Council commissioned the Inter-American Commission on Human Rights to draft a revised and complete text
for a draft Convention. Cf. Inter-American Specialize Conference on Human Rights, San José, Costa Rica,
November 7 to 22, 1969, Proceedings and documents, General Secretariat, OAS, Washington, D.C.,
OEA/Ser.K/XVI/1.2.
309
Cf. “Opinion prepared by the Inter-American Commission on Human Rights on the draft Convention on
Human Rights approved by the Inter-American Council of Jurists (Civil and political rights), Part I,”
OEA/Ser.L/V/II.15/doc.26, in: Anuario Interamericano de Derechos Humanos 1968, OAS, Washington D.C., 1973,
p. 320.
310
Anuario Interamericano de Derechos Humanos 1968, OAS, Washington D.C., 1973, p. 321.
311
Anuario Interamericano de Derechos Humanos 1968, OAS, Washington D.C., 1973, p. 98.
312
Anuario Interamericano de Derechos Humanos 1968, OAS, Washington D.C., 1973, p. 98.
313
Cf. “Observations and comments on the draft convention for the protection of human rights presented by
the Government of the Dominican Republic, June 20, 1969,” and “Observations and amendments to the draft interAmerican convention for the protection of human rights presented by the Government of Brazil, November 10,
1969,” in: Inter-American Specialized Conference on Human Rights, San José, Costa Rica, November 7 to 22,
1969, Proceedings and Documents, General Secretariat, OAS, Washington, D.C., OEA/Ser.K/XVI/1.2, p. 50 ss., and
121 ss.