THE RIGHT TO PRIVACY AS ANCHORAGE OF REPRODUCTIVE RIGHTS: THE INTER-AMERICAN COURT OF HUMAN RIGHTS CASE LAW VIS-À-VIS THE UNITED STATES SUPREME COURT CASE LAW

Aguilar T.V. · Revista Chilena de Derecho (2025) · DOI: 10.7764/r.521.1

Resumen

In this paper, the author describes the main interpretation techniques applied by the Inter-American Court of Human Rights and the US Supreme Court with respect to the right to privacy, particularly focusing on how both courts have anchored reproductive rights to the scope of protection of the right to privacy. Special emphasis will be placed on the ratio decidendi of the rulings in the cases Beatriz v. El Salvador and Dobbs v. Jackson Women’s Health Organization. The author will compare both tribunals’ fundamental rights interpretation criteria with special emphasis on originalism and living interpretation, three-tier scrutiny rationality test and proportionality, conventionality control and federalism in the protection of fundamental rights, as well as the principle of "reproductive autonomy" and "ordered liberty".

Instituciones: Universidad Católica San Pablo