Paolo Carozza testifies before Inter-American Court of Human Rights in case of Beatriz v. El Salvador
Notre Dame Law Professor Paolo Carozza testified last week in a landmark human rights case before the Inter-American Court of Human Rights in Costa Rica. The plaintiffs in the high-profile case, Beatriz et al. v. El Salvador, are asking the court to declare the right to an abortion to be an internationally recognized human right.
Beatriz was a 21-year-old woman from El Salvador who sought an early abortion because she had lupus and some of her doctors advised her that pregnancy could exacerbate her health condition, and because her unborn child was anencephalic. She was prevented from terminating the pregnancy because abortion is illegal in El Salvador. The Inter-American Commission on Human Rights filed an application last year before the Inter-American Court of Human Rights arguing that the absolute ban on the elective termination of pregnancy in El Salvador violated that country’s obligations under the American Convention on Human Rights.
Carozza served on the Inter-American Commission on Human Rights from 2006 to 2010 and was the commission’s president in 2008-09. He is recognized as a leading expert in comparative constitutional, human rights and international law. He was asked by the court to testify as an expert witness about which international legal standards should be applied in the case. His 50-page written report and oral testimony addressed how the principle of human dignity is relevant in this case; the importance of the right to equal protection of all humans without regard to their development, capacities, sex or other condition; and the obligations and discretion of states under international human rights law to adopt measures to protect human life prior to birth.
In his testimony, Carozza said that international human rights law confirms without exception that the recognition and protection of the equal dignity of every human being is the cornerstone of all universal human rights and that the principle of human dignity on which all international human rights law rests consists of four essential qualities: universal, equal, inherent and inalienable.
In conclusion, Carozza urged the court “to affirm unequivocally that the duty of States is to protect equally the human rights of both women and children, born and unborn.”
Carozza currently serves on the European Commission for Democracy through Law (the Venice Commission) and is a member of the Oversight Board, an independent expert body created by Meta. He was previously a member of the U.S. State Department’s independent, nonpartisan advisory Commission on Unalienable Rights. Carozza founded and directs the Notre Dame Constitutionalism and the Rule of Law Lab. For over a decade he served as director of Kellogg Institute for International Studies and of Notre Dame Law School’s J.S.D. program. His scholarly books and articles in the areas of comparative constitutional law and human rights law have been published widely in four languages.
To read this full story, click here.
A video of Carozza’s testimony is embedded below. Watch a video of the full hearing here.
Originally published by at law.nd.edu on March 30.
Latest Colleges & Schools
- Using robots in nursing homes linked to higher employee retention, better patient careFacing high employee turnover and an aging population, nursing homes have increasingly turned to robots to complete a variety of care tasks, but few researchers have explored how these technologies impact workers and the quality of care. A new study from a University of Notre Dame expert on the future of work finds that robot use is associated with increased employment and employee retention, improved productivity and a higher quality of care. The research has important implications for the workplace and the long-term care industry.
- Research on Colombian peace accord shows that addressing gender issues strengthens peace agreementsWhen it comes to peace processes and negotiations, U.N. Women highlights a stark reality: All too often, women remain invisible and excluded. But a new study by University of Notre Dame political scientist Madhav Joshi draws on evidence from Colombia to show that addressing gender-related issues helps peace agreements succeed.
- Using anti-racist messaging boosts credibility of human rights groups, Notre Dame study showsHow can human rights groups criticize governments' human rights violations without appearing racist or fueling racism toward diaspora groups? New research by a University of Notre Dame human rights expert sheds light on the complex relationship between race and human rights, especially as it plays out between human rights groups and governments.
- College of Arts & Letters launches ND Population Analytics to accelerate policy-relevant work through big dataIn partnership with the University of Notre Dame’s Poverty Initiative, the College of Arts & Letters has launched a data-focused research effort that will foster and advance multidisciplinary work on a wide range of pressing demographic issues facing society, including poverty, rising inequality, declining health in the United States, family instability and falling religious participation.
- Pulte Institute joins global consortium using research to end povertyThe United States Agency for International Development (USAID) has awarded $75 million to a consortium of leading global institutions, including the Pulte Institute for Global Development at the University of Notre Dame’s Keough School of Global Affairs, to enhance the effectiveness of poverty alleviation programs through research.
- As Northern Ireland grapples with legacy of the Troubles, Notre Dame experts influence policy to prioritize victims’ rightsNorthern Ireland has long struggled to reckon with the trauma of the Troubles, a 30-year conflict that killed approximately 3,700 people — many of them civilians — through sectarian violence. Experts in the University of Notre Dame’s Keough School of Global Affairs recently influenced the design of a Northern Ireland commission to address the conflict’s legacy, sharing key lessons from Colombia on the importance of centering victims in truth and reconciliation.
