Nevertheless, it is clear to the Court that some opinions view a fertilized egg as a complete
human life. Some of these opinions may be associated with concepts that confer certain
metaphysical attributes on embryos. Such concepts cannot justify preference being given to
a certain type of scientific literature when interpreting the scope of the right to life
established in the American Convention, because this would imply imposing specific types of
beliefs on others who do not share them.
186. Despite the foregoing, the Court considers that it is appropriate to define how to
interpret the term “conception” in relation to the American Convention. In this regard, the
Court underscores that the scientific evidence agrees in making a difference between two
complementary and essential moments of embryonic development: fertilization and
implantation. The Court observes that it is only after completion of the second moment that
the cycle is concluded, and that conception can be understood to have occurred. Taking into
account the scientific evidence presented by the parties in this case, the Court notes that,
even though, once the egg has been fertilized, this gives rise to a different cell with
sufficient genetic information for the potential development of a “human being,” the fact is
that if this embryo is not implanted in a woman’s body its possibilities of development are
nil. If an embryo never manages to implant itself in the uterus, it could not develop,
because it would not receive the necessary nutrients, nor would it be in a suitable
environment for its development (supra para. 180).
187. Thus, the Court considers that the term “conception” cannot be understood as a
moment or process exclusive of a woman’s body, given that an embryo has no chance of
survival if implantation does not occur. Proof of this is that it is only possible to establish
whether or not pregnancy has occurred once the fertilized egg has been implanted in the
uterus, when the hormone known as “chorionic gonadotropin” is produced, which can only
be detected in a woman who has an embryo implanted in her. 285 Prior to this, it is
impossible to determine whether the union between the egg and a spermatozoid occurred
within the body or whether this union was lost prior to implantation. In addition, it has
already been pointed out that when Article 4 of the American Convention was drafted the
dictionary of the Real Academia differentiated between the moment of fertilization and the
moment of conception, understanding conception as implantation (supra para. 181). When
drafting the relevant provisions in the American Convention, the moment of fertilization was
not mentioned.
188. Furthermore, with regard to the expression “in general,” the Diccionario de la Real
Academia Española states that this means “in common, generally” or “without specifying or
individualizing anything.” 286 According to the structure of the second phrase of Article 4(1) of
the Convention, the term “in general” is related to the expression “from the moment of
conception.” The literal interpretation indicates that the expression relates to anticipating
possible exceptions to a particular rule. The other methods of interpretation would suggest
the meaning of a provision that contemplates exceptions.
189. Taking the above into account, the Court understands the word “conception” from
the moment at which implantation occurs, and therefore considers that, before this event,
Article 4 of the American Convention cannot be applied. In addition, the term “in general”
infers exceptions to a rule, but the interpretation in keeping with the ordinary meaning does
not allow the scope of those exceptions to be specified.
285
Cf. Written summary of the expert opinion provided by Fernando Zegers-Hochschild at the public hearing
before the Court (merits report, volume VI, folio 2846).
286
Cf.
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