Paradigmatic Changes in Gender Justice – The Advancement of Reproductive Rights in International Human Rights Law

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Beltrán y Puga, Alma
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2012-10
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INTRODUCTION Reproductive rights are an emergent topic in international human rights law. This essay will explore how reproductive justice has been addressed by the Inter-American Human Rights System (IAS) through case law, hearings and thematic reports. Its objective is to analyze trends within the Inter-American doctrine and case law regarding reproductive health and freedom and present strategies to improve strategic litigation and increase access to justice for women and girls who suffer violations in these spheres.| The article will begin by describing the historical context in which reproductive rights have been framed as human rights in the international sphere and the importance of the democratic consolidation in Latin America in this process. The next section will present a series of landmark cases admitted and resolved in the Inter-American System, both in the Inter-American Commission and the Inter-American Court, relating to violations in the field of reproductive choices and gender-based violence illustrating common arguments and international human rights standards advanced in the case law. Here, I will argue that the new developments of the IAS jurisprudence on the elimination of gender-based violence in human rights law are relevant and can inform strategic litigation undertaken as an advocacy tool for the recognition and justiciability of reproductive rights.
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Creighton University School of Law
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