The Right to Life of the Embryo. At an international level, multiple conventions regarding human rights enshrine the principle of absolute protection of human life. However, only one of these Conventions (the American Convention on Human Rights) sets a precise moment at which life begins (i. In the rest of the world, however, Courts have been reticent to grant the embryo the right to life, the purpose of this article being to analyse the diverging jurisprudence in the matter. The protection of human life is fundamental in most legal systems around the globe. Article 2 of the European Convention on Human Rights, Article 2 of the Charter of Fundamental Rights of the EU, Article 3 of the Universal Declaration of the Human Rights, Article 4 of the American Convention on Human Rights, Article 4 of the African Charter of Human and Peoples’ Rights and the National Constitutions of all democratic states establish that all human beings, without any distinction, have the right to life, therefore the law has to protect it. However, the moment when human life and its right to protection begins is unclear in these texts, while the Jurisprudence offers heterogeneous solutions. The biological beginning of life is the embryo, the earliest stage of human development, but only the American Convention on Human Rights granted the embryo the status of a person, stating in its Article 4 that the Right to Life shall be protected from conception.
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Granting the embryo the legal status of a human being has deep implications in matters such as abortion, in vitro fertilisation and stem cell research. Therefore, the Courts which had to decide on this matters tried to offer nuanced solutions that did not come in conflict with other generally accepted fundamental rights, such as the Right to Privacy or the Right to have a Family. The European Court of Human Rights declined granting the embryo the status of a person twice, leaving this decision to the signatory states of the European Convention of Human Rights. In the case of Vo vs. France, Thi- Nho Vo, a French citizen went to the Hôtel- Dieu Hospital in Lyon for a regular consultation, as she was pregnant in the sixth month. The same day, at the same hospital, Thi. Thanh Van Vo was going to have her intrauterine device removed.
Accidentally, without any previous consultation, the doctor started the procedure of removing the intrauterine device on Thi- Nho Vo, injuring the fetus and, as a result, the woman had to undergo a therapeutic abortion (Allard, 2. Thi- Nho Vo sued the doctor and, in 2.
High Chamber of the ECt. HR. The Court decided that the states are responsible for determining when human life begins, mainly because the countries that ratified the Convention could not find a common solution to this problem. However, the potentiality of the pre- natal being and its capacity to become a person have to be protected in the name of human dignity, without necessarily considering it a person in the sense of Article 2 (Berger, 2. In the case of Evans vs. Great Britain, Natallie Evans and Howard Johnston, an engaged couple, decided to follow an in vitro fertilisation procedure because Ms Evans was diagnosed with ovarian cancer and wanted to store the resulting embryos until she would recover and be able to carry a pregnancy again. After two years the couple split and Johnston wanted the embryos destroyed. Evans wanted to continue the in vitro fertilisation, but she needed her ex- fiancée’s consent for that to happen.
As a result, she began her legal challenge. In 2. 00. 5 the case reached the ECt. HR and in 2. 00. 7 the Grand Chamber ruled against Evans (Allard, 2. The Court once again stated that the member states are entitled to determine when human life begins. Thus, in accordance with the law in the UK, the right to life of the embryos was not threatened. The ECt. HR avoided recognising the right to life of the embryo because this issue has many implications in different fields and the Court considered that the countries should have the autonomy to choose the most suitable method to determine a solution to this situation, in accordance with their social, religious and cultural inheritance.
On the other hand, the Court of Justice of the EU, in its decision in the case of Greenpeace vs. Brűstle, banned the embryonic stem cell patents because the practice implied the destruction of embryos. The decision refers to both in vivo and in vitro embryos, stating that human embryos should not be used for scientific purposes. Even if the CJEU does not recognise the right to life of human embryos and it does not ban the research on human embryonic stem cells, it indirectly admits that human life begins after conception and that interrupting pre- natal life would be ‘contrary to ethics and public policy’ (Judgment in Case C- 3.
CJEU). On the other side of the Atlantic, the countries of North and South America stand for complete opposite opinions in regard to the right to life of the embryo, only Latin American states having ratified the American Convention on Human Rights. In the case of Roe vs. Wade, in 1. 96. 9, Norma L.
Mc. Corvey, from Dallas, Texas, discovered that she was pregnant and wanted to obtain a legal abortion, claiming that she was raped. Since she was not able to prove the alleged rape, after she attempted to obtain an illegal abortion, she decided to file a suit under the alias of Jane Roe. The case reached the Supreme Court in 1.
Roe. The Court decided that women can obtain abortion without the intervention of the State in the first trimester of pregnancy, thus denying the embryo the Right to Life and giving priority to women’s Right to personal Freedom and Privacy (Roe vs. Wade Decision of the Supreme Court).
The states that ratified the American Convention on Human Rights agree that the Right to Life starts at conception. Consequently, in the light of Article 4, Costa Rica forbids in vitro fertilisation processes, because, by default, some embryos would be left unused and eventually destroyed. Even though the Costa- Rican legislation does not breach the American Convention on Human Rights, the American Commission on Human Rights, sued Costa Rica in 2. Right to have a Family to the couples that were not biologically able to have children.
The case of Artavia Murillo and others vs. Costa Rica is now being debated in front of the Inter- American Court of Human Rights, proving that South America might change its perspective on this issue (Resolution of the President of the Court). Taking everything into consideration, the jurisprudence at an international level tends to decline granting the Right to Life to the human embryo, mainly because it comes in conflict with other rights that have to be protected, such as the right to privacy or freedom. The states, despite generally protecting the potentiality of human life, still do not consider it superior to the right of freedom which is regarded as sacred in a democratic society.
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