Inter-American Commission on Human Rights

On March 20, 2012, the renowned Argentine-Mexican physician, researcher and lecturer RICARDO HÉCTOR ASCH SCHUFF filed a law suit before the Inter-American Commission on Human Rights. He claims that the United States of America, violated his human rights, affecting him personally and professionally, in violation of the rules to which they are bound and appear in the American Declaration of the Rights and Duties of Man. In light of the facts that appear in the aforementioned suit, the United States of America has elected to ignore international bilateral treaties relating to international cooperation in criminal matters which they have entered into with the Argentine Republic and the United Mexican States, with rules that are equally binding.

Doctor ASCH SCHUFF, who has served for several years at the University of California, as Director of the Jane and Roland Blumberg Professorship due to his professional prestige and eminent career, and being the discoverer and pioneer of the universally recognized GIFT Method (Gamete Intrafallopian Transfer) for the treatment of infertility, has been the object of legal suits filed before the American Criminal Justice, due to his scientific activities. These legal demands led to the release of the underlying facts during the process of prosecution before Courts of both the Argentine and Mexican Justice, which have duly judged and released the aforementioned scientist from any and all liability.

In spite of the enormous support and solidarity from the international scientific community, and notwithstanding the foregoing, since 1995 and continuing to the present day, Doctor ASCH SCHUFF has been the object of persecution and hazing of all kinds, in contravention of the ideals of the Law and Justice held by American Jurisdictional Authorities, particularly the Attorney General of the State of California.

His case, which was object of massive media interest at its time, around 1995, now rests with the Inter-American Human Rights System, whose Commission assumes full competence, given that the United States of America is a member State of the Organization of American States.

This case, based on the reasons supporting the just cause of Doctor ASCH and focused on a topic of particular current world interest – human fertilization – has become the emblem of the current weakening international legal system and protective rules related to Human Rights for Humanity, as set up after the Holocaust.

The suit of the Case ASCH SCHUFF, which is available in extensu at this website and has been accompanied by my professional conviction and acting as Judge of the Inter-American Court of Human Rights, is a challenge for the Americas and their Human Rights System. The Commission will have the opportunity to cooperate for the reintegration of the victim’s human rights, but, above all, contribute in a relevant manner with the re-institutionalization of the international legal order and its peaceful observation by all States.

Asdrúbal Aguiar
Professor and Doctor of Laws summa cum laude
Member of the International Academy of Comparative Law of The Hague and the National Academy of Moral, Political, Law and Social Sciences of Buenos Aires