Reflections Regarding the Proportionality and Weighing of Human Rights Applied to the case of Artavia Murillo and Others (In Vitro Fertilization) Vs. Costa Rica

Abstract

This reflective essay focuses its study on the proportionality and weighting of human rights in the light of the case known before the Inter-American Court of Human Rights "Artavia Murillo and others (In Vitro Fertilization) v. Costa Rica". This case is taken as a basis to reflect on whether or not one human right can be placed over another; likewise, we consider if it’s valid to give an absolute value or weight to a human right, regardless of the circumstances, or if, on the contrary, the value of it can be determined from the facts that originate each individual scenario.

Today, the proportionality and weighing of human rights is a topic of much discussion and importance. Therefore, knowing and understanding the elements of the proportionality test and the application of these to a specific case can provide an opening to determine whether the restriction of one right over another is justifiable or not.