Human rights to in vitro fertilization

Area of Science:

• Human Rights Law
• Bioethics
• Reproductive Rights

Background:

• The Supreme Court of Costa Rica prohibited in vitro fertilization (IVF) in 2000.
• This prohibition was challenged for potentially violating fundamental human rights.

Purpose of the Study:

• To analyze the Inter-American Court of Human Rights' ruling on Costa Rica's IVF prohibition.
• To determine if the ban violated rights to private and family life, non-discrimination, and the right to found a family.

Main Methods:

• Legal analysis of the Inter-American Court of Human Rights' judgment.
• Interpretation of the American Convention on Human Rights regarding personhood and embryo rights.
• Assessment of proportionality in denying IVF access.

Main Results:

• The Court ruled Costa Rica's IVF ban violated the American Convention on Human Rights.
• In vitro embryos are not considered "persons" with a right to life under the Convention.
• The prohibition constituted a disproportionate denial of infertile individuals' human rights.

Conclusions:

• Legal protection of an embryo "from conception" does not apply before uterine implantation.
• The ban on IVF unjustly infringed upon the rights of infertile individuals.
• The ruling emphasizes the importance of reproductive autonomy and non-discrimination.