The Inter-American Commission on Human Rights (IACHR) says while it welcomed the progress achieved in the region last year in the exercise of reproductive rights of women, girls, adolescents, and all pregnant persons, it nonetheless calls on states to refrain from going backward in recognizing and protecting these rights.
The IACHR is urging countries to guarantee the exercise of these rights free of all forms of violence and gender discrimination in accordance with their international obligations.
It said reproductive rights, which encompass certain human rights, have historically been limited, restricted, or otherwise denied based on harmful gender norms prioritizing the reproductive function of women, girls, adolescents, and pregnant persons over their human rights.
“This historical and structural discrimination is reflected in the violence fostered by laws that absolutely criminalize the voluntary interruption of pregnancy, limiting the legal, safe, and opportune options to do so.”
The inter-American system has recognized that the decision to have biological children constitutes an area of private life related to other rights, such as the right to form a family, physical and mental integrity, and specifically reproductive rights.
“Such rights entail a series of obligations on the part of the state, such as due regulation and supervision of health services, access to information and technologies, the obligation for medical personnel to obtain informed consent for any treatment to be practiced, and the prohibition of disproportionate restrictions to exercise reproductive decisions.”
The IACHR said as has already been specified by the Inter-American Court, it recalls that the protection of life from conception is not absolute but gradual and incremental, according to its development, in such a way that it allows an adequate balance with other rights that may conflict.
“In this way, the IACHR has reiterated that the absolute criminalization of abortion exposes women to dangerous and even deadly practices that put their health and lives at risk, especially those in poverty and greater vulnerability, who have a disproportionate impact on their rights.
“Furthermore, this negative impact is exacerbated in girls and adolescents, who, due to their gender and age condition, are more exposed to sexual violence, and for whom pregnancy represents a high health risk, as identified by the Pan American Health Organization (PAHO).”
The IACHR said in addition, forcing them to carry the pregnancy to term causes them physical and mental suffering, which constitutes gender-based violence and potentially amounts to torture or cruel, inhumane, and degrading treatment.
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