Essay on Human Rights Law and Abortion

It is estimated that in 2008, around 86 million women all over the world had unintended pregnancies. Consequently, the impact of such pregnancies varies significantly with regard to issues such as the health of the woman, availability of medical care and economic resources. Such different factors influence a womans decision as to whether to carry the pregnancy to term or seek an alternative option in abortion. As such, it is only the woman who is equipped to make such decision. It is up to the government to respect the womans right to make the decision concerning her reproductive life. Consequently, a woman who decides to have an abortion should have access to all the necessary facilities and care that enables her to terminate her pregnancy safely. The governments that punish or prosecute women who have had abortions are thus penalizing the women for exercising their basic human rights. There are numerous international instruments and treaties that support; a woman is right to abortion that is both safe and legal. For a woman, the right to choose an abortion has support in guarantees of health, life, freedom from discrimination, freedom from degrading treatment, autonomy in reproductive decision-making and the right to enjoy the various benefits of scientific progress.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Order now

Currently, the human rights protections that have been put in place have developed to resist any government intrusion in both private choices and life. International and national tribunals are constantly being called upon to resolve the conflicts that exist between the state enforcement of the continuation of the pregnancy that is against the wishes of women with regard to their reproductive choices. It is imperative to comprehend that the legal recognition that the lives of human beings begin at conception is not necessarily resolved the conflicts that exist between the respects due to the womens reproductive self-determination. One may note that in some instances, human rights protect the providers of healthcare claims to conscientious objection. However, this is not at the cost of womens enduring health and lives.

The access to legal and safe abortion is a fundamental human rights issue. In all circumstances, by criminalizing abortion, then such laws deny girls and women their most fundamental right to live in dignity, life, health, self-determination and the fact that they cannot access these rights without discrimination. Conferring to the World Health Organization, it is imperative to comprehend that any legal restrictions on abortions have the serious implications to the health of women. According to the World health Organization Abortion Guidelines 2012, by restricting the access to legal and safe abortion to girls and women, the repercussions is that these individuals resort to unsafe procedures that in some instances infringe upon their rights. The right to health of girls and women can be interpreted to require governments to ensure that they respond appropriately to guarantee that girls and women have vital information regarding their ability to make crucial decisions regarding their reproductive lives.

The effectiveness of human rights on womens equality can be interpreted from gender equality since it is a fundamental standard of human rights law. Most of the human rights laws require freedom from discrimination especially in the enjoyment of protected human rights. The Convention on the Elimination of All Forms of Discrimination against women notes that any instance that is described as discrimination against women comprises of laws that have either effect on purpose or effect of preventing an individual or women in this instance from exercising fundamental freedoms on a platform of equality with men or exercising their fundamental human rights. This can thus be interpreted as the laws that criminalize any medical procedure that is needed by women or girls that punish them as they undergo such procedures is a barrier to the access to appropriate care by women.

Human rights allow for the access to abortion, and as such, any form of denying such access is a form of gender discrimination. Whatever the stated objectives of laws that deny women access to legal and safe abortion, the result is that such laws have discriminatory; a purpose that undermines the womens capacity to ensure that they make responsible decisions regarding their lives and bodies while at the same time denigrating. It is thus not surprising that the unwillingness to allow women to make decisions regarding their lives and bodies often coincides with the tendency to ensure that women are denied decision-making roles especially in areas of cultural, political, social, and economic affairs. Moreover, the Human Rights Committee recognizes that any instance whereby a woman or girl is denied legal abortion services has to be considered as an arbitrary interference with their private lives.

Human rights effectiveness can be interpreted from the recognition that women have the right to be free from inhuman, cruel, or degrading treatment. According to the Human Rights Committee, degrading, inhuman, or cruel treatment is not only restricted to acts that may cause physical pain but also any instance of mental suffering that is often accompanied by denials of access to services of abortion. Consequently, restrictive abortion policies and laws, cause many women to suffer or experience complications of pregnancy thereby needing therapeutic abortions as they are forced to suffer from frightening painful and life-threatening conditions. The Committee against Torture recognizes the impact that restrictive abortion laws have to women who are forced to carry undesirable pregnancies to term or in other instances undergo illegal abortions that place the health of women in high risk or danger. It is also imperative to comprehend that the failure of some states to take appropriate steps to prevent such occurrences constitutes inhuman and cruel treatment. The total prohibition of abortion forces a woman or girl to carry their pregnancy to full term especially if the pregnancy was as a result of a crime of gender such as rape constitutes a constant exposure to the violation committed against her and in most instances causes serious traumatic stress and the risk of a long-lasting psychological problems that may include depression and anxiety.

In conclusion, human rights have a high impact on the effectiveness of laws put in place to check abortions. By allowing medical abortion, the overall access to safe abortion can be significantly improved since the medical services can offer a wide range of settings that may include the increase of a pool of abortion service providers and can be offered by non-physicians, which thus helps in the expansion of such a pool. The governments that punish or prosecute women who have had abortions are thus penalizing the women for exercising their basic human rights. Restrictive abortion policies and laws, cause many women to suffer or experience complications of pregnancy thereby needing therapeutic abortions as they are forced to suffer from frightening painful and life-threatening conditions.

References

Cook R and Dickens B, 'Human rights and abortion laws' (1999) 65(1) International journal of gynaecology and obstetrics: the official organ of the International Federation of Gynaecology and Obstetrics. <https://www.ncbi.nlm.nih.gov/pubmed/10390109> accessed 3 February 2017 817

'Human rights watch: Womens human rights: Abortion', <https://www.hrw.org/legacy/women/abortion.html> accessed 3 February 2017

Perry MJ, Toward a theory of human rights: Religion, law, courts (Cambridge University Press 2006)

Davis H, Human rights law directions (Oxford University Press 2016)

Furedi A, The moral case for abortion (Palgrave Macmillan UK 2016)

Buckley CM, Donald A, and Leach P, Towards Convergence in international human rights law: Approaches of .. (BRILL 2016)