1. The contracting States undertake to respect the rights and freedoms recognized herein and to
ensure to all persons within their territory and subject to their jurisdiction the free and full exercise of
those rights and freedoms […].
2. “Person” for the intents and purposes of this Convention, means every human being;
218.
In addition, Article 3(1) 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. No one shall be arbitrarily deprived of his life.”
219. The Court observes that during the preparatory work the words “person” and
“human being” were used without the intention of making a distinction between the two
terms. Article 1(2) of the Convention specifies that the two terms must be understood as
synonyms. 333
220. The Court also observes that the Inter-American Commission on Human Rights, in
the case of Baby Boy v. United States of America, 334 rejected the petitioners’ request to
declare that two judgments of the United States Supreme Court of Justice 335 that legalized
unrestricted abortion before fetal viability violated the American Declaration of the Rights
and Duties of Man. Regarding the interpretation of Article I of the American Declaration, the
Commission rejected the argument of the petitioners according to which “Article I of the
Declaration has incorporated the notion that the right to life exists from the moment of
conception,” 336 considering that, when approving the American Declaration, the Ninth
American International Conference had “discussed this matter and decided not to adopt
wording that would have clearly established this principle.” 337 Regarding the interpretation
of the American Convention, the Inter-American Commission indicated that the protection of
the right to life was not absolute. 338 It considered that “[t]he addition of the phrase ‘in
general, from the moment of conception’ did not mean that those who drafted the
Convention had the intention of modifying the concept of the right to life established in
Bogota, when the American Declaration was approved. The legal implications of the phrase
‘in general, from the moment of conception’ are substantially different from those of the
shorter phrase ‘from the moment of conception,’ which appeared repeatedly in the
petitioners’ document.” 339
333
Article 1(2) has been analyzed by the Court in cases in which the violation of rights has been alleged to
the detriment of legal persons, and the Court has rejected this, because they have not been recognized as holders
of the rights established in the American Convention. Cf. Case of Cantos v. Argentina. Preliminary objections..
Judgment of September 7, 2001. Series C No. 85, para. 29, and Case of Perozo et al. v. Venezuela. Preliminary
objections, merits, reparations and costs. Judgment of January 28, 2009. Series C No. 195, para. 398. However, in
these cases, the Court did not develop significant arguments on the meaning of Article 1(2) in the context of the
disputes in this case.
334
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).
335
Cf. United States Supreme Court of Justice, Cases of Roe v. Wade, 410 U.S. 113, and Doe v. Bolton, 410
U.S. 179.
336
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(h).
337
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(h).
338
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. 25.
339
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. 30.