Disfrazando la verdad: sobre el alegado derecho al aborto a propósito del caso Beatriz y otros vs. El Salvador en la Corte Interamericana de Derechos Humanos

This research presents a legal-philosophical analysis of what will probably be one of the most important rulings of the Inter-American Court of Human Rights referring to the Case of Beatriz et al. vs. El Salvador. Given the report of the Inter-American Commission on Human Rights, it is possible that the Court deviates from the meaning and content of the Inter-American Convention on Human Rights approaching the non-legal, but abusive and ideological conceptual imposition of recognizing a supposed right to abortion, and perhaps even conceiving it as a human and fundamental right. Taking into account the arguments of the Commission’s report, we intent to refute the possible arguments of the Court, in the aforementioned terms, we intend to focus on two points: the right to life of the person conceived as a human being and the non-existence of a right to abortion; and the right to equal treatment and non-discrimination as a parameter of protectionist treatment by all Member States towards their citizens. We will address these issues from a legal-philosophical perspective, respecting the positivization of the rights involved in the American Convention on Human Rights as in the internal legislation of some States and we will refer to some judgments of the Inter-American Court itself regarding the two rights most analyzed in the case Beatriz et al. vs. El Salvador: life and equality.