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“that human life begins at the very moment of conception and ought to warrant complete
protection from that moment, both in domestic law as well as international law.” 114
2.2. Other Cases
A more recent case regarding abortion is the petition of Paulina del Carmen Ramírez Jacinto
against Mexico. 115 The applicants of this case were NGOs who alleged the violation of several
articles of various international conventions. The facts concerned a minor who was pregnant as
a consequence of rape. She, with the consent of her mother, tried to have an abortion according
to the laws of the Mexican state of Baja California. However, many obstacles were set against
the performance of this legal action, to the effect that the applicant gave birth to her child, Isaac
de Jesús.
México and Paulina Ramírez settled this case with an agreement, whereby the State
acknowledged its responsibility for not implementing an adequate procedure for enabling
women to perform abortions which are authorized by law, and in which it agreed to create and
implement these procedures, and pay some monetary compensation to both Paulina Ramírez
and her child. 116 Noticeably, this case does not refer to the issue of whether abortion is
permissible or required according to the Convention, but rather to the admissibility of obstacles
to the performance of legally accepted abortions. Therefore, the Commission did not explicitly
develop its understanding on the status of the unborn. 117
On February 26, 2010, the Inter-American Commission issued a precautionary measure
against Nicaragua in the matter of “Amelia.” 118 This case referred to a pregnant woman who
was denied the necessary medical assistance for treating a cancer. The reason for denying this
treatment was that a chemotherapy or radiotherapy could provoke an abortion. Thus, the
Commission requested the State to adopt the necessary measures for assuring that “Amelia”
would receive the relevant medical treatment.
Within the five days deadline the State of
114 Id., 8.
115 Ramírez Jacinto against Mexico, Petition 161-02, Inter-Am. Comm’n H.R., Report No. 21/07, Friendly
Settlement (2007), available at https://cidh.oas.org/annualrep/2007eng/Mexico161.02eng.htm (last visited Feb. 27,
2011).
116 The text of the public recognition of responsibility published in an official Mexican newspaper is
appended to Ramírez Jacinto against Mexico, Report No. 21/07, Inter-Am. Comm’n H.R.
117 The Commission makes a reference to women’s rights and the Belém do Pará Convention, but makes
no statement about the unborn. Id., 19.
118 “Amelia,” Nicaragua, PM No. 43-10, 2010, Inter-Am. Comm’n H.R. Available at
http://www.cidh.oas.org/medidas/2010.eng.htm (last visited Sept. 2, 2011).