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Revista Peruana de Ginecología y Obstetricia

On-line version ISSN 2304-5132


RAMOS, Miguel et al. Rights of the conceived child. Rev. peru. ginecol. obstet. [online]. 2022, vol.68, n.2, 00008.  Epub July 06, 2022. ISSN 2304-5132.

Fertilization consists of the fusion of the male and female gametes in the outer third of the uterine tube to form the zygote, which begins its cell division, travels to the uterus, implants as a blastocyst in the endometrium after seven days and begins the processes of embryogenesis and morphogenesis. Conception is the action or effect of a woman becoming pregnant. About the rights established for the conceived, the beginning of human life raises a wide discussion between the definitions proposed by science and those of civil society groups. Not being the zygote a human person, according to the Inter-American Court of Human Rights (IACHR) and others, it would not be subject to the rights established for the person, which would be closely related to the rights of the pregnant woman. Conception would occur when the embryo implants in the uterus and Article 4 of the IACHR would not apply. Peruvian doctrine, legislation and jurisprudence establish broad legal protection in favor of the conceived and indicate the beginning of life from the moment of fertilization. The Judgment of the IACHR in the case of Artavia Murillo v. Costa Rica introduces the Spanish figure of the pre-embryo, which is not granted legal protection until 14 days, when medical science establishes the implantation of the embryo in the maternal endometrium. For current ethical considerations, human pregnancy begins with the implantation of the blastocyst in the endometrium and there is no basis for accepting the right of the conceived from the moment of fertilization as if it were a person. However, it is pointed out that human life has an uninterrupted continuity from conception to its natural end, death. The zygote is life that begins with its own genetic endowment different from that of its progenitors. The preimplantation embryo can only give rise to a human being that is gestated and develops within the body of another person, with its own vital dynamics.

Keywords : Fertilization; Blastocyst; Embryonic development; Beginning of human life; Human rights; Reproductive rights; Child advocacy; Women’s rights; Civil rights; Legal rights; Jurisprudence; National Legal System; Inter-American Court of Human Rights.

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