INFORMATION SERIES ON SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS

ABORTION

The Committee on Economic, Social abortion, the Special Rapporteur Human rights bodies have
and Cultural Rights has also explained on extrajudicial, summary or arbitrary repeatedly called for the
that as part of the obligation to eliminate executions has asserted that this should
discrimination, States should address be understood as a “gender-based
decriminalization of abortion
“criminalization of abortion or restrictive arbitrary killing, only suffered by in all circumstances.
abortion laws.”12 Where unsafe abortion women, as a result of discrimination Laws criminalizing sexual and
leads to death in the context of bans on enshrined in law.”13 reproductive health services, including
abortion, violate the obligation of
Denial of access to abortion has been identified as a form of gender- States to respect the right to sexual and
based violence against women, which can amount to torture and/or reproductive health,17 as well as other
cruel, inhuman and degrading treatment. human rights. Human rights mechanisms
have called for these laws to be
The Committee on the Elimination of Discrimination against Women has explained that repealed or eliminated.18 In calling for
“Violations of women’s sexual and reproductive health and rights, such as criminalization the decriminalization of abortion, human
of abortion, denial or delay of safe abortion and/or post-abortion care, and forced rights mechanisms have recognized
continuation of pregnancy, are forms of gender-based violence that, depending on the that such laws can target women and
circumstances, may amount to torture or cruel, inhuman or degrading treatment.”14 The girls who undergo abortion, as well as
Special Rapporteur on torture and other forms of cruel, inhuman and degrading treatment service providers, and that all such laws
or punishment has especially highlighted that “the denial of safe abortions and subject- should be removed.19
ing women and girls to humiliating and judgmental attitudes in such contexts of extreme
vulnerability and where timely health care is essential amount to torture or ill treatment.”15 The Human Rights Committee has stated
that imposing “a legal duty upon doctors
and other health personnel to report
cases of women who have undergone
abortion” fails to respect women’s right
to privacy.20 The Special Rapporteur
The Committee on the Elimination of Discrimination Against on torture and other cruel, inhuman or
Women observed that, “Criminal regulation of abortion serves degrading treatment or punishment has
clarified that “the practice of extracting,
no known deterrent value. When faced with restricted access for prosecution purposes, confessions
women often engage in clandestine abortions including self- from women seeking emergency
administering abortifacients, at risk to their life and health. medical care as a result of illegal
Additionally, criminalisation has a stigmatising impact on women, abortion in particular amounts to
torture or ill-treatment”.21
and deprives women of their privacy, self-determination and
autonomy of decision, offending women’s equal status, constituting
discrimination.”16

IN TWO CASES BEFORE THE HUMAN RIGHTS COMMITTEE,

TWO WOMEN WERE COMPELLED TO TRAVEL FROM THEIR HOME
COUNTRY TO A NEIGHBOURING COUNTRY TO TERMINATE NON-
VIABLE PREGNANCIES DUE TO AN ALMOST TOTAL PROHIBITION
ON ABORTION. THE COMMITTEE FOUND THAT THESE WOMEN
HAD BEEN SUBJECT TO CONDITIONS OF INTENSE PHYSICAL AND
MENTAL SUFFERING THAT CONSTITUTED CRUEL, INHUMAN OR
DEGRADING TREATMENT.22 THE COMMITTEE ALSO NOTED THAT
THE CRIMINALIZATION OF ABORTION CREATED SHAME AND
STIGMATIZED THE ACTIONS OF THE WOMEN, CONSTITUTING
23
“A SEPARATE SOURCE OF SEVERE EMOTIONAL PAIN.”
2 WHERE ACCESS TO ABORTION IS RESTRICTED, THERE IS OFTEN A DISPROPORTIONATE IMPACT ON
PARTICULAR GROUPS OF WOMEN AND GIRLS
The Working Group on discrimination and practices.” The Committee on the Rights of the Child has urged States “to
against women has observed that “in Elimination of Discrimination against decriminalize abortion to ensure that girls
countries where induced termination of Women has also expressed particular have access to safe abortion and post-
pregnancy is restricted by law and/or concern about the fact that rural women abortion services, review legislation with a
otherwise unavailable, safe termination of are more likely to resort to unsafe abortion view to guaranteeing the best interests of
pregnancy is a privilege of the rich, while than women living in urban areas, putting pregnant adolescents and ensure that their
women with limited resources have little their lives and health at risk.24 With respect views are always heard and respected in
choice but to resort to unsafe providers to adolescents, the Committee on the abortion-related decisions.”25

3 PREVENTING UNSAFE ABORTION IS A CORE OBLIGATION Barriers to the provision of abortion

WITHIN THE RIGHT TO SEXUAL AND REPRODUCTIVE HEALTH services should be removed.
The Committee on Economic, Social and Cultural Rights has explained that States “have Mandatory waiting periods, the
a core obligation to ensure, at the very least, minimum essential levels of satisfaction of requirement to travel long distances or
the right to sexual and reproductive health which includes measures to prevent unsafe abroad, an absence of respectful care,
abortion.”26 Similarly, the Human Rights Committee has explained that to protect the court orders, and third party authorization
right to life and other rights under the Covenant, restrictions on access to abortion must and notification provisions are particularly
not “jeopardize women’s and girls’ lives, subject them to physical or mental pain or common with respect to abortion, and
suffering…, discriminate against them or arbitrarily interfere with their privacy.”27 other sexual and reproductive health
services. Human rights mechanisms have
Legal access to abortion should be ensured in certain circumstances.28 called on States to remove such barriers.36
Human rights mechanisms have expressed concern about criminal abortion laws and Human rights bodies have also expressed
encouraged States to review their legislation to ensure effective and confidential access to concern about the role of international
safe legal abortion in cases when the pregnancy endangers the life or health of a pregnant assistance in creating barriers to sexual
woman or pregnant girl,29 would cause substantial pain or suffering,30 and in cases of and reproductive health services, and
pregnancy resulting from rape or incest.31 Treaty bodies have also recommended ensuring explained that donor states “should not
access to abortion services in cases of fetal impairment, while also putting in place impose restrictions on information or
measures to protect against discrimination based on disability.32 services existing in donor States.37

Procedures for ensuring that abortion services are safe and accessible to The Committee on the Rights of the Child
has especially emphasized the right of
women and girls without discrimination should be established. the child, in accordance with evolving
The Committee on Economic, Social and Cultural Rights has established that the right capacities, to confidential counseling and
to sexual and reproductive health requires health facilities, goods, information and to access to information without parental or
services, including safe abortion and post-abortion services, which are available, guardian consent. It has also recommend-
accessible, acceptable and of good quality.33 The Committee on the Rights of the Child ed that “States should review and consider
has recommended that “States ensure access to safe abortion and post-abortion care allowing children to consent to certain
services, irrespective of whether abortion itself is legal.”34 medical treatments and interventions with-
out the permission of a parent, caregiver,
In many countries, although abortion laws have been liberalized, this is not accompanied or guardian, such as HIV testing and sexual
by clear regulations to implement the law, posing a significant barrier to access. In these and reproductive health services, including
circumstances, health care providers sometimes refuse to provide services that are legal. The education and guidance on sexual health,
Committee on the Elimination of Discrimination Against Women has explained that the legal contraception and safe abortion.”38
framework for access to abortion must “include a mechanism for rapid decision-making, with a
view to limiting to the extent possible risks to the health of the pregnant mother, that her opinion Human rights mechanisms have also em-
be taken into account, that the decision be well-founded and that there is a right to appeal.”35 phasized that no woman or girl should face
barriers or be deprived of any sexual and
reproductive health information and services
4 POST-ABORTION MEDICAL SERVICES MUST ALWAYS BE AVAILABLE due to a refusal of care or conscientious
objection by health service providers.39
Post-abortion medical services health care in all circumstances, and on a
must always be available, safe confidential basis, without facing threats of
criminal prosecution or punitive measures.40
and accessible, regardless of The Committee on Economic, Social and
whether or not abortion is legal. Cultural Rights has explained that provision
Human rights mechanisms have stressed of post-abortion care to those in need forms
that women and girls should be able to part of States core obligations under the
effectively seek and access post-abortion right to sexual and reproductive health.41
INFORMATION SERIES ON SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS
ABORTION

STATES HAVE OBLIGATIONS TO RESPECT, PROTECT AND FULFIL WOMEN’S RIGHTS

RELATED TO ABORTION SERVICES
RESPECT States should remove legal provisions, including criminal laws, which penalize women
who have undergone abortion or medical practitioners who offer these services.
PROTECT States must organize their health system to ensure that women are not prevented from accessing
health services by health professionals’ exercise of conscientious objection. For example, where abortion is legal,
if a doctor refuses to perform it, the health system must refer women to an alternative health care provider.
FULFIL States must take steps to ensure access to appropriate health-care services for women and “to eliminate
such barriers to the provision of abortion services and that lead women to resort to unsafe abortions, including
eliminating unacceptable delays in providing medical attention.”

NOTES
1 United Nations Population Division and World Health Organization, Global World Abortion Policies Database.
2 Ibid.
3 Committee on the Elimination of Discrimination against Women, L.C. v. Peru, CEDAW/C/50/D/22/2009, para. 8.15.
4 Human Rights Committee, Whelan v. Ireland, CCPR/C/119/D/2425/2-14, para. 7.8; Mellet v. Ireland, CCPR/C/116/D/2324/2013, para. 7.7; K.L. v. Peru,
CCPR/C/85/D/1153/2003, para. 6.4; V.D.A. v. Argentina, CCPR/C/101/D/1608/2007, para. 9.3.
5 Mellet v. Ireland, paras. 7.4-7.6; Whelan v. Ireland, para. 7.6; K.L. v. Peru, para. 6.3; V.D.A. v. Argentina, para. 9.2.
6 Human Rights Committee, General Comment 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life, para. 8.
7 International Conference on Population and Development, Programme of Action (1994), para. 8.25.
8 Fourth World Conference on Women, Platform for Action (1995), para. 106(k). See also United Nations General Assembly Resolution, A/RES/S-21/2 (1999) on
Key actions for the further implementation of the Programme of Action of the International Conference on Population and Development, para. 63(iii).
9 General Recommendation 24 (1999) on women and health, para. 11.
10 Working Group on the issue of discrimination against women in law and in practice, A/HRC/38/46 (2018), para. 35.
11 Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, A/66/254 (2011), paras. 21, 65.
12 General Comment 22 (2016), para. 34.
13 A/HRC/35/23 (2017), para. 94.
14 General Recommendation 35 (2017) on gender-based violence against women, updating general recommendation 19, para. 18.
15 A/HRC/31/57, para. 44.
16 CEDAW/C/OP.8/GBR/1 (2018), paras. 59, 42.
17 Committee on Economic, Social and Cultural Rights, General Comment 22, para. 40.
18 Ibid., para. 49(a); Committee on the Elimination of Discrimination against Women, General Recommendation 33 (2015) on women’s access to justice, para. 51(I);
Committee on the Rights of the Child, General Comment 20 (2016) on the implementation of the rights of the child during adolescence, para. 60.
19 Working Group on the issue of discrimination against women in law and in practice, A/HRC/32/44 (2016), paras. 82, 107; Human Rights Committee, General
Comment 36, para. 8.
20 General Comment 28 (2000) on the equality of rights between men and women, para. 20.
21 A/HRC/31/57 (2016), para. 44.
22 Mellet v. Ireland, para. 9; Whelan v. Ireland, para. 9.
23 Mellet v. Ireland, para. 3.4.
24 General Recommendation 34 (2016) on the rights of rural women, para. 38.
25 General Comment 20, para. 60.
26 General Comment 22, para. 49.
27 General Comment 36, para. 8.
28 Committee on Economic, Social and Cultural Rights, General Comment 22, paras. 28, 45; Human Rights Committee, General Comment 36, para. 8.
29 Human Rights Committee, Concluding Observations on Poland, CCPR/C/POL/CO/7 (2016) para. 24; Committee on the Rights of the Child, Concluding
Observations on Chad, CRC/C/15/Add.107 (1999), para. 30.

30 Human Rights Committee, Concluding Observations on Jordan, CCPR/C/JOR/CO/5 (2017), para. 21.
31 Concluding observations on Argentina, CCPR/C/ARG/CO/5 (2016), para. 12; Concluding Observations on Bangladesh, CCPR/C/BGD/CO/1 (2017), paras.
15-16; Committee on the Elimination of Discrimination against Women, Concluding Observations on Trinidad and Tobago, CEDAW/C/TTO/CO/4-7 (2016),
paras. 32-33; Concluding Observations on the Federated States of Micronesia,CEDAW/C/FSM/ CO/1-3 (2017), para. 37(b); Committee on Economic, Social
and Cultural Rights, Concluding Observations on Philippines, E/C.12/PHL/CO/5-6, paras. 51-52; Committee on the Rights of the Child, Concluding Observations
on Bhutan, CRC/C/BTN/CO/3-5 (2017), paras. 52-53; Committee against Torture, Concluding Observations on Peru, CAT/C/PER/CO/4 (2006), para. 23. See
also,A/HRC/31/57, para. 72. (b).

32 Joint Statement by the Committee on the Rights of Persons with Disabilities (CRPD) and the Committee on the Elimination of All Forms of Discrimination against
Women (CEDAW), 29 August 2018.
33 General Comment 14 (2000) on the right to the highest attainable standard of health, paras. 8, 12.
34 General Comment 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 70. See also Special Rapporteur on the
right of everyone to the enjoyment of the highest attainable standard of physical and mental health, A/HRC/32/32 (2016), para. 113 (b).
35 L.C. v. Peru, para. 8.17 (referencing Tysiac v. Poland, European Court of Human Rights).
36 Committee on the Elimination of Discrimination against Women, General Recommendation 34, paras. 38-39; Committee on the Rights of Persons with Disabilities,
General Comment 3 (2016), on women and girls with disabilities, para. 44; Working Group on Discrimination against Women, A/HRC/32/44 (2016), para.
107; Special Rapporteur on extrajudicial, summary or arbitrary executions, A/73/314 (2018), para. 53; Committee on the Elimination of Discrimination against
Women, Concluding Observations on Iceland, CEDAW/C/ISL/ CO/7-8 (2016). paras. 35-36; Concluding Observations on Rwanda, CEDAW/C/RWA/CO/7-9
(2017), paras. 38-39; Human Rights Committee, CCPR/C/BGD/CO/1, paras. 15-16.
37 Committee on Economic, Social and Cultural Rights, General Comment 22, paras 52, 41; Special Rapporteur on extrajudicial, summary or arbitrary executions,
A/73/314 (2018), para 90(d).
38 General Comment 15, para. 31.
39 Committee on Economic, Social and Cultural Rights, General Comment 22, para. 43; Committee on the Elimination of Discrimination against Women, General
Recommendation 24, para. 11; Committee on the Rights of the Child, General Comment 15, para. 69; Human Rights Committee, General Comment 36, para. 8.
40 Human Rights Committee, General Comment 36, para. 8; Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A/
HRC/22/53 (2013), para. 90; Practices in adopting a human rights-based approach to eliminate preventable maternal mortality and human rights, A/
HRC/18/27 (2011), para. 29; Committee against Torture, CAT/C/CR/32/5 (2004), para. 7(m); Committee on the Rights of the Child, General Comment 15,
para. 70; General Comment 20 para. 60.
41 General Comment 22, para. 49(e).

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