Analysis of the decision of the Inter-American Court of Human Rights on in vitro fertilization: the case of Artavia Murillo et al. v. of Costa Rica Érica Andrade Soares, Renata Salgado Leme, Tatiana Viola de Queiroz

Abstract

 This article examines the decision handed down by the Inter-American Court of Human Rights in the case of Artavia Murillo et al. v. the State of Costa Rica, which analyzed whether there is a violation of human rights in in vitro fertilization procedures. Adopting a qualitative review of the scientific and doctrinal literature as a methodology, the present study approaches the arguments used in the decision in relation to the scope of the rights to private and family life; the effects of the ban on in vitro fertilization and the limitation on the right to form a family; the interpretation of article 4.1 of the Pact of San José da Costa, defining the beginning of life and the alleged violation of the conventional rights of the alleged victims in the light of a judgment of proportionality.