inter-American text was the same as the one adopted by the United Nations in article 6(1)
of the Covenant.” 314
208. The Brazilian delegation justified its proposal to delete the phrase by considering that
“[t]his final phrase is vague and, thus, would not be effective to prevent the States Parties
to the future convention including in their domestic law the most diverse cases of
abortion.” 315 It argued that “[t]he said phrase could […] raise doubts that would impede not
only the acceptance of this article, but also its application, if the actual wording is
retained,” 316 concluding that “thus, it would be better to eliminate the phrase ‘in general,
from the moment of conception,’ because this is a matter that should be left to the
legislation of each country.” 317
209. The United States delegation, supporting Brazil’s position, suggested that “this text
should be harmonized with article 6, paragraph 1, of the United Nations Covenant on Civil
and Political Rights.” 318
210. The delegation of Ecuador proposed the deletion of the words “in general” 319 and the
Venezuelan delegate considered that “regarding the right to life from the moment of the
conception of the human being, no concessions can be made,” 320 considering “inacceptable a
convention that did not establish this principle.” 321
211. Finally, by majority vote, the Conference adopted the text of the draft submitted by
the Inter-American Commission on Human Rights, 322 which became the present text of
Article 4(1) of the American Convention.
212. When ratifying the Convention, only Mexico made an interpretative declaration,
clarifying that “regarding paragraph 1 of Article 4, [it] considers that the expression ‘in
general’ […] does not constitute an obligation to adopt or to maintain in force legislation
that protects life “from the moment of conception,’ because this matter pertains to the
domain reserved to the States.” 323
314
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”, p. 57.
315
Cf. “Observations and amendments to the draft inter-American 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, p. 121.
316
Cf. “Observations and amendments to the draft inter-American convention for the protection of human
rights presented by the Government of Brazil, November 10, 1969,” p. 121.
317
Cf. “Observations and amendments to the draft inter-American convention for the protection of human
rights presented by the Government of Brazil, November 10, 1969,” p. 121.
318
Cf. Inter-American Specialized Conference on Human Rights, San José, Costa Rica, November 7 to 22,
1969, Proceedings and Documents, p. 160.
319
Cf. Inter-American Specialized Conference on Human Rights, San José, Costa Rica, November 7 to 22,
1969, Proceedings and Documents, p. 160.
320
Cf. Inter-American Specialized Conference on Human Rights, San José, Costa Rica, November 7 to 22,
1969, Proceedings and Documents, p. 160.
321
Cf. Inter-American Specialized Conference on Human Rights, San José, Costa Rica, November 7 to 22,
1969, Proceedings and Documents, p. 160.
322
Cf. Inter-American Specialized Conference on Human Rights, San José, Costa Rica, November 7 to 22,
1969, Proceedings and Documents, pp. 161 and 481.
323
Cf. Interpretative Declaration by Mexico. Available at: http://www.oas.org/es/cidh/mandato/Basicos
/convratif.asp (Last visited November 28, 2012)