RIGHT TO ACCESS AND USE THE IN VITRO FERTILIZATION TECHNIQUE: THE PERSPECTIVE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS

Abstract

On November 28, 2012, the Inter-American Court of Human Rights (IACHR), in the case Artavia Murillo v. Costa Rica, declared that States Parties to the American Convention have the obligation to implement public policies that guarantee the right of access and use of the technique of in vitro fertilization to the population. The decision of the Court has binding force for the signatory countries of the American Convention. In this way, the objective of this article is to evaluate how the IACHR protects the right of access and use of in vitro fertilization technique, especially through the study of the case Artavia Murillo v. Costa Rica. Thus, this is a case-by-case study, with qualitative delineation. The research was divided into two phases. In the first phase, the Global and Regional Inter-American System of Human Rights was analyzed. In the second phase, it was verified the adequacy of Brazilian legal models in relation to the decision of the case studied. Based on the research carried out, it was possible to conclude that the current Brazilian legal models are in line with the IACHR's decision, because the models ensure free family planning through equitable access of the benefits of technology to the population. In parallel, it was noticed that there are some bills of laws being processed in the National Congress that aim to establish discriminatory policies that limit the access and use of the IVF technique.