El caso Artavia y otros vs. Costa Rica: una herramienta para aplicar la reforma constitucional en derechos humanos

Abstract

The article analyzes how the Inter-American Court of Human Rights uses the principles of interdependence, progressivity and non discrimination of human rights, to extract the reproductive rights from other human rights recognized in the American Convention on Human Rights, with the purpose of being used as a handbook to operate the human rights constitutional amendment. In addition it studies the conventionality control and examines why in the Costa Rica’s case, this control was not use adequately, and mentions which tools have the Mexican courts to exercise such control in its jurisdiction. Finally, the article reviews the comparative study made by the Inter-American Court of Human Rights about topics that has not been developed by the Inter-American Law, with the objective to determine what should be the margin of regulation that the American States should have in this matter.