BRIEFING PAPER

Safe and Legal Abortion is

a Woman's Human Right
In 2008, an estimated 86 million women had unintended pregnancies.1 The impact of unintended
pregnancies vary immensely depending on such factors as a woman’s health, family relationships,
economic resources, and the availability of medical care. These and other factors influence her
decision to either carry a pregnancy to term or to seek an abortion. Given the complexity of this
decision, the only person equipped to make it is the pregnant woman herself.
Governments should respect a woman’s human right to make decisions regarding her reproductive
life. A woman who decides to have an abortion—as 46 million women do annually 2 —must have
access to the facilities and care that will enable her to terminate her pregnancy safely. Governments
that prosecute and punish women who have had abortions penalize women for exercising their basic
rights. These rights are no less compromised when a woman who decides to terminate a pregnancy
can do so only by undertaking a serious risk to her life or health.

International legal support for a woman’s right to safe and legal abortion are found in numerous
international treaties and other instruments, and the relevant provisions of these documents are
listed in Table I. The right to choose abortion has support in guarantees of life, health, freedom
from discrimination, autonomy in reproductive decision-making, freedom from cruel, inhuman, or
degrading treatment and the right to enjoy the benefits of scientific progress.

Women’s Right to Life

Multiple human rights instruments protect the right to life. In 2000, in elaborating States’ obligations
in reporting on their compliance with the right to life enshrined in the International Covenant on Civil
and Political Rights (ICCPR), the Human Rights Committee called upon States to inform it of “any
measures taken by the State to help women prevent unwanted pregnancies, and to ensure that they
do not have to undergo life-threatening clandestine abortions.”3

Forcing a woman to undergo a life-threatening unsafe abortion threatens her right to life.
It is widely acknowledged that in countries in which abortion is restricted by law, women seek
abortions clandestinely, often under conditions that are medically unsafe and therefore life-
threatening. According to the World Health Organization (WHO), about 21.6 million women had
unsafe abortions in 2008.4 These unsafe abortions were responsible for the deaths of nearly 47,000
women.5 The incidence of unsafe abortion is closely associated with high maternal mortality rates.
Therefore, laws that force women to resort to unsafe procedures infringe upon women’s right to life.

• Several United Nations (UN) human rights bodies have framed maternal deaths due to
unsafe abortion as a violation of women’s right to life.6 As a result, they have called on
States to review restrictive laws that criminalize abortion7 and increase access to family
planning8 and sexual and reproductive health information9, in order to reduce the number of
unsafe abortions.

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October 2011 • Safe and Legal Abortion is a Woman's Human Right

• While the phrase “right to life” has been associated with the campaigns of those who
oppose abortion, it has not been interpreted in any international setting to require
restrictions on abortion. Most recently, the European Court of Human Rights, in the case
Vo v. France, ruled that “it is neither desirable, nor even possible as matters stand, to
answer in the abstract the question whether the unborn child is a person for the purpose of
Article 2 of the Convention …” (providing that “[e]veryone’s right to life shall be protected
by law”).10 The court therefore refused to adopt a ruling that would have called into
question the validity of laws permitting abortion in 39 member states of the Council of
Europe.

Women’s Right to Health

International law guarantees women the right to “the highest attainable standard of physical and
mental health.”11 The right to health requires governments to provide health care and to work
toward creating conditions conducive to the enjoyment of good health.12 In 2000, the Committee
on Economic, Social and Cultural Rights recognized that the right to health includes “the right to
control one’s health and body, including sexual and reproductive freedom, and the right to be free
from interference.”13 Furthermore, the right to health “requires the removal of all barriers interfering
with access to health services, education and information, including in the area of sexual and
reproductive health.”14

The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
(Maputo Protocol) explicitly recognizes that the right to health includes access to safe and legal
abortion, at a minimum, in certain circumstances. It requires States Parties to “ensure that the right
to health of women, including sexual and reproductive health is respected and promoted” by taking
appropriate measures to authorize abortion “in cases of sexual assault, rape, incest, and where
the continued pregnancy endangers the mental and physical health of the mother or the life of the
mother or the foetus.”15

Safe abortion services protect women’s right to health.

The right to health can be interpreted to require governments to take appropriate measures to
ensure that women have the necessary information and the ability to make crucial decisions about
their reproductive lives, such as determining whether or not to continue a pregnancy, and to
guarantee that women are not exposed to the risks of unsafe abortion, which can have devastating
effects on their health, leading to long-term disabilities, such as uterine perforation, chronic pelvic
pain or pelvic inflammatory disease. Such measures include removing barriers that interfere with
women’s access to health services, such as legal restrictions on abortion, and ensuring access to
high-quality abortion information and services.

• Several UN human rights bodies have recognized the deleterious impact of restrictive
abortion laws on women’s health16 and have consistently raised general concerns about
the inaccessibility of safe abortion services.17

• The Programme of Action adopted at the International Conference on Population and

Development (ICPD) in 1994 called upon governments to consider the consequences of
unsafe abortion on women’s health.18 It states that governments should “deal with the
health impact of unsafe abortion as a major public health concern.”19

• At the 1995 Fourth World Conference on Women, the international community reiterated
this language and urged governments to “consider reviewing laws containing punitive
measures against women who have undergone illegal abortions.”20 In addition, in a

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 paragraph addressing research on women’s health, the Platform for Action adopted at this
conference urges governments “to understand and better address the determinants and
consequences of unsafe abortion.”21

• In 1999, at the five-year review of the ICPD, governments recognized the need for greater
safety and availability of abortion services. They affirmed that “in circumstances where abortion
is not against the law, health systems should train and equip health-service providers and
should take other measures to ensure that such abortion is safe and accessible. Additional
measures should be taken to safeguard women’s health.”22

Women’s Right to Equality and Non-Discrimination

The right to gender equality is a fundamental principle of human rights law. All major human rights
instruments require freedom from discrimination in the enjoyment of protected human rights. According
to the Convention on the Elimination of All Forms of Discrimination against Women, “discrimination
against women” includes laws that have either the “effect” or the “purpose” of preventing a woman
from exercising any of her human rights or fundamental freedoms on a basis of equality with men.23
In 1999, the Committee on the Elimination of Discrimination against Women (CEDAW Committee)
recognized “laws that criminalize medical procedures only needed by women and that punish women
who undergo those procedures” as a barrier to women’s access to appropriate health care. 24

Denying women access to abortion is a form of gender discrimination.

Laws that restrict abortion have the effect and purpose of preventing a woman from exercising any of
her human rights or fundamental freedoms on a basis of equality with men.

• Restricting abortion has the effect of denying women access to a procedure that may be
necessary for their equal enjoyment of the right to health. Only women must live with the
physical consequences of unwanted pregnancy. Some women suffer maternity-related injuries,
such as hemorrhage or obstructed labor. Women are consequently exposed to health risks not
experienced by men.

• Laws that deny access to abortion, whatever their stated objectives, have the discriminatory
purpose of both denigrating and undermining women’s capacity to make responsible decisions
about their bodies and their lives. Indeed, it is not surprising that unwillingness to allow women
to make decisions about their own bodies often coincides with the tendency to deny women
decision-making roles in the areas of political, economic, social, and cultural affairs.

• The CEDAW Committee has consistently expressed concern about restrictive laws that
criminalize abortion.25 Furthermore, the Human Rights Committee has recognized that
criminalizing abortion, even in cases of rape, is incompatible with the States’ obligation to
ensure the equal right of men and women to the civil and political rights set forth in the
ICCPR.26 Additionally, it has indicated that the problem of maternal mortality due to unsafe
abortion is evidence of discrimination against women.27

Women’s Right to Reproductive Self-Determination

Human rights instruments provide the basis for the right of women to make decisions regarding their
own bodies. In particular, they require the right to freedom in decision-making about private matters.
Such provisions include protections of the right to physical integrity, the right to decide freely and
responsibly the number and spacing of one’s children and the right to privacy.

3
October 2011 • Safe and Legal Abortion is a Woman's Human Right

Women have the right to decide whether or not to bring a pregnancy to term.
When a pregnancy is unwanted, its continuation can take a heavy toll on a woman’s physical
and emotional well-being. Decisions one makes about one’s body, particularly one’s reproductive
capacity, lie squarely in the domain of private decision-making. A pregnant woman may seek advice
from others, but only she knows whether she is ready to have a child, and governments should play
no role in making that decision for her.

• The Human Rights Committee has recognized that denying women access to legal abortion
services is an arbitrary interference in their private lives.28

• The European Court of Human Rights has underscored the connection between pregnancy
and a woman’s private life, which includes her physical and psychological integrity. It has
recognized that States have a positive obligation to effectively secure the physical integrity
of pregnant women.29 This obligation requires them to establish procedural safeguards to
ensure that women can make an informed decision about whether or not to terminate a
pregnancy30 and access safe and legal abortion services in a timely manner.31

Woman’s Right to be Free from Cruel, Inhuman, or Degrading Treatment

International law recognizes that women have a right to be free from cruel, inhuman, or degrading
treatment. The Human Rights Committee has stated that cruel, inhuman, or degrading treatment
is not restricted to acts that cause physical pain, but also applies to mental suffering, which often
accompanies denials of access to abortion services.32

Forcing women to carry pregnancies to term causes physical and mental suffering.
As a result of restrictive abortion laws and policies, many women experiencing complications of
pregnancy and needing therapeutic abortion are forced to suffer from painful, frightening and life-
threatening conditions.

• Human rights bodies have recognized that restrictive abortion laws can lead to violations of
the right to be free from cruel, inhuman and degrading treatment. The Committee against
Torture has recognized the impact of restrictive laws, which force women to carry unwanted
pregnancies to term or to undergo illegal abortions that often place their health and lives in
danger, and noted that the failure of States to take steps to prevent these acts constitutes
cruel and inhuman treatment.33 Specifically, it has indicated that a total prohibition on
abortion, which forces a woman to carry a pregnancy resulting from a crime of gender-
based violence, such as rape, “entails constant exposure to the violation committed
against her and causes serious traumatic stress and a risk of long-lasting psychological
problems such as anxiety and depression.”34 The Human Rights Committee has stated
that criminalizing abortion is incompatible with the right to be free from cruel, inhuman or
degrading treatment.35

Women may also undergo severe suffering and anguish when legal abortion services are
inaccessible.

• In many countries, healthcare personnel refuse to provide legal abortion services because
of their own objection or discriminatory attitudes towards abortions. In the case of L.M.R. v.
Argentina, the Human Rights Committee found that the State’s failure to ensure a woman’s
access to abortion services to which she was legally entitled, caused her physical and
mental suffering, which constituted cruel, inhuman or degrading treatment.36

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 • Additionally, in the case of R.R. v. Poland, the European Court of Human Rights established
a violation of the right to be free from inhumane and degrading treatment because of the
suffering experienced by R.R., due to the knowledge that she could not terminate her
pregnancy even though the fetus had an incurable deformity and she was entitled to have an
abortion under the Polish law.37 The Court stated that “[s]he suffered acute anguish through
having to think about how she and her family would be able to ensure the child’s welfare,
happiness and appropriate long-term medical care.”38

Furthermore, the denial of access to abortion services in certain circumstances, regardless of the legality
of the procedure, constitutes cruel, inhuman or degrading treatment.

• In the landmark decision of K.L. v. Peru, the Human Rights Committee found that the
depression and emotional distress experienced by a 17-year old girl were foreseeable
consequences of the State’s failure to enable her to benefit from a therapeutic abortion, and
constituted a violation of her fundamental right to be free from cruel, inhuman, or degrading
treatment.39 Notably, this ruling did not depend on the legality of abortion.40

Women’s Right to the Enjoyment of the Benefits of Scientific Progress

The Universal Declaration of Human Rights41 and the International Covenant on Economic, Social and
Cultural Rights42 enshrine the right to enjoy the benefits of scientific progress.

Women have the right to access the full range of abortion technologies.
As the medical and scientific communities make advances in abortion technologies, this right entitles
women to access the full range of technologies for the safest abortion care.

• The right to the benefits of scientific progress is particularly salient in the context of abortion
because numerous safe, effective and low-cost health interventions, such as medical abortions,
can substantially improve women’s access to safe abortion services, thereby reducing the
incidence of unsafe abortion, and decreasing the attendant maternal morbidity and mortality
rates. Medical abortion is an alternative to surgical abortion that generally uses two medicines
to end a pregnancy. The most common regimen calls for an oral dose of Mifepristone,
followed by a dose of Misoprostol up to 48 hours later. This regimen, which can be initiated
as soon as pregnancy is confirmed, is approximately 95% effective.43 In 2005, the WHO
added Mifepristone and Misoprostol to its Model List of Essential Medicines, a list intended
to guide governments in their prioritization of necessary drugs for budgetary allocations and
procurement in their national health systems.44

• Permitting medical abortion can significantly improve women’s overall access to safe abortion
because it can be provided in a broad range of settings, such as in practitioner’s offices, and
can be offered by non-physicians, which helps to expand the pool of providers available to
perform safe abortions.45 Additionally, reducing reliance on physicians can reduce costs and
help make abortion more available and accessible to women. By approving medical abortion
protocols, training providers and removing barriers to the regimen, governments can ensure
that women have access to medical abortion in a safe setting, which allows them to enjoy their
right to the benefits of scientific progress.

5
TABLE I
Human
Rights International Legal Instruments Regional Legal Instruments Conference Documents
Protected

Universal Civil and Economic, Women’s Children’s Disability American Banjul Maputo European Vienna56 Cairo57 Beijing58
Declar- Political Social Conven- Conven- Conven- Conven- Charter53 Prot- Conven-
ation of Rights47 and tion49 tion50 tion51 tion ocol54 tion
Human Covenant Cultural on on
Rights46 Rights Human Human
Covenant48 Rights52 Rights55

The right Art. 3 Art. 6.1 Art. 6 Art. 10 Art. 4.1 Art. 4 Art. 4 Art. 2.1 Prin. 1 Para. 106
to life, Art. 9.1 Art. 37(b) Art. 14 Art. 7.1 Art. 6 Art. 5.1 Para. Para. 216
liberty &
Art. 37(c) 8.34
security
Art. 37(d)

The right Art. 5 Art. 7 Art. 37(a) Art. 15 Art. 5.2 Art. 5 Art. 4 Art. 3 Para. 56 Para.
to be free 4.10
from cruel,
inhuman
or deg-
rading
treatment
The right Art. 2 Art. 2.1 Art. 2.2 Art. 1 Art. 2 Art. 3(b) Art. 1 Art. 2 Art. 2 Art. 14 Para. 18 Prin. 1 Para. 214
to equality Art. 3 Art. 3 Art. 2 Art. 3(g) Prin. 4 Para. 216
& to be Art. 3
Art. 3 Art. 5 Para. 232
free from
gender Art. 6
Art. 18.3
discrimin-
ation

The right Art. 2 Art. 24.3 Art. Para. 18 Para. Para. 107
to modify Art. 3 2(2) Para. 38 4.4 Para. 224
customs
Art. 5 Para. 49 Para. Para. 230
that
discrim- 5.5
inate Para.
against
9.2
women

The right Art. 25 Art. 12 Art Art. 24 Art. 25 Art. 16 Art. 14 Para. 18 Prin. 8 Para. 89
to health, 11.1(f) Para. 24 Para. Para. 92
reproduc- 7.2
Art. 11.3 Para. 31 Para. 106
tive health, Para.
& family Art. 12 Para. 41 Para. 223
7.3
planning Art. Para.
14.2(b) 7.5

The right Art. 12 Art. 17 Art. 16 Art. 3(a) Art. 11 Art. 8 Para. Para. 106
to privacy Art. 22 7.2 Para. 107

The Art. Art. Art. Prin. 8 Para. 223

right to 14(1)
16.1(e) 23(b) Para.
determine (b)
7.3
number
& spacing
of one's
children
The right Art. 27 Art. Para.
to the 15(b) 7.3
enjoyment
of the
benefits of
scientific
progress

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Endnotes

1 Susheela Singh et al., Unintended Pregnancy: Worldwide 14 Id., para. 21.

Levels, Trends, and Outcomes, 41 Studies in Family Planning 15 Protocol to the African Charter on Human and Peoples’
241, 243 (2010). Unintended pregnancies are comprised of Rights on the Rights of Women in Africa, 2nd Ordinary
“unplanned births, induced abortion, and miscarriages.” Id. at Sess., Assembly of the Union, adopted July 11, 2003, art. 14
241. [hereinafter Maputo Protocol].
2 World Health Organization (WHO), Safe Abortion: 16 See, e.g., Human Rights Committee, Concluding Observations:
Technical and Policy Guidance for Health Systems 12 Argentina, para. 14, U.N. Doc. CCPR/CO/70/ARG (2000);
(2003). CEDAW 1999, supra note 6, pt. 2, ch. IV, Chile, para. 228;
3 Human Rights Committee, General Comment No. 28: Equality CEDAW 1999, supra note 6, pt. 1, ch. IV, Colombia, para. 393.
of rights between men and women (Art. 3) (68th Sess., 2000), 17 See, e.g., Human Rights Committee, Concluding Observations:
para. 10, U.N. Doc. CCPR/C/21/Rev.1/Add.10 (2000). Mali, para 14., U.N. Doc. CCPR/CO/77/MLI (2003); Human
4 World Health Organization (WHO), Unsafe Abortion: Rights Committee, Concluding Observations: Poland, para.
Global and regional estimates of the incidence of unsafe 11, U.N. Doc. CCPR/C/79/Add.110 (1999); CAT Committee,
abortion and associated mortality in 2008 1 (6th ed.2011). Concluding Observations: Chile, para. 7(m), U.N. Doc. CAT/
5 Id. at 27. CR/32/5 (2004).
6 See, e.g., Rep. of the Comm. on the Elimination of 18 Programme of Action of the International Conference on
Discrimination against Women (CEDAW Committee), 20th Population and Development, Cairo, Egypt, 5-13 September
Sess., Jan. 19 – Feb. 5, 1999, 21st Sess., June 7-25, 1999, pt. 1994, para. 8.25, U.N. Doc.A/CONF.171/13/Rev.1 (1995)
2, ch. IV, Belize, para. 56, U.N. Doc. A/54/38/Rev. 1, GAOR, [hereinafter ICPD Programme of Action].
54th Sess., Supp. No. 38 (1999) [hereinafter CEDAW 1999]; 19 Id.
CEDAW 1999, pt. 1, ch. IV, Colombia, para. 393; Rep. of 20 The Beijing Declaration and The Platform for Action, Fourth
the CEDAW Committee, 18th Sess., Jan 19 – Feb. 6, 1998, World Conference on Women, Beijing, China, Sept. 4-15, 1995,
19th Sess., June 22 – July 10, 1998, pt. 1, ch. IV, Dominican para. 106K, U.N. Doc. A/CONF.177/20 (1996) [hereinafter
Republic, para. 337, U.N. Doc. A/53/38/Rev. 1, GAOR, 53rd Beijing Declaration and Platform for Action].
Sess., Supp. No. 38 (1998) [hereinafter CEDAW 1998]; Rep. 21 Id.,para 109(I).
of the Human Rights Committee, 76th Sess., Oct. 14 – Nov. 1, 22 Key Actions for Further Implementation of the Program of
2002, 77th Sess., Mar. 17 – Apr. 4, 2003, 78th Sess., 78th Sess., Action of the International Conference on Population and
July 13 – Aug. 8, 2003, para. 81(14), U.N. Doc. A/58/40 (Vol. Development, para. 63iii, U.N. GAOR, 21st Special Sess., June
I), GAOR, 58th Sess., Supp. No. 40 (2003). 30-July 3, 1999, U.N. Doc. A/S-21/5/Add.1 (1999).
7 See, e.g., CEDAW 1999, supra note 6, pt. 2, ch. IV, Chile, 23 Convention on the Elimination of All Forms of Discrimination
para. 229; CEDAW 1998, supra note 6, at pt. 2, ch. IV, Peru, against Women, adopted Dec. 18, 1979, art. 1, G.A. Res.
para. 340; CEDAW Committee, Concluding Observations: 34/180, U.N. GAOR, 34th Sess., Supp. No. 46, at 193,
Philippines, para. 28, U.N. Doc. CEDAW/C/PHI/CO/6 (2006); U.N. Doc. A/34/46 (1979) (entered into force Sept. 3, 1981)
Human Rights Committee, Concluding Observations: Poland, [hereinafter CEDAW].
para. 8, U.N. DOC. CCPR/CO/82/POL (2004). 24 Committee on the Elimination of Discrimination against
8 See, e.g., Rep. of the CEDAW Committee, 32nd Sess., Jan Women, General Recommendation No. 24: Article 12
10-28, 2005, 33rd Sess., July 5-22, 2005, pt. 2, ch. 4, Burkina of the Convention (women and health), (20th Sess.,
Faso, para. 350, U.N. Doc. A/60/38, GAOR, 60th Sess., Supp. 1999), in Compilation of General Comments and General
No. 38 (2005); Rep. of the CEDAW Committee, 26th Sess., Recommendations Adopted by Human Rights Treaty Bodies, at
Jan. 14 – Feb. 1, 2002, 27th Sess., June 3-21, 2002, Exceptional 358, U.N. Doc. HRI/GEN/1/Rev.9 (Vol. II) (2008).
Sess., Aug. 5-23, 2002, pt. 3, ch. 4, Czech Republic, para. 102, 25 CEDAW Committee, Concluding Observations: Pakistan, para.
U.N. Doc. A/57/38, GAOR, 57th Sess., Supp. No. 38 (2002); 40, U.N. Doc. CEDAW/C/PAK/CO/3 (2007), para. 40; CEDAW
CEDAW Committee, Concluding Observations: Mali, para. 34, Committee, Concluding Observations: Chile, para. 19, U.N.
U.N. Doc. CEDAW/C/MLI/CO/5 (2006); CEDAW Doc. CEDAW/C/CHI/CO/4 (2006).
Committee, Concluding Observations: Nicaragua, para. 18, 26 Human Rights Committee, Concluding Observations, Peru,
U.N. Doc. CEDAW/C/NIC/CO/6 (2007). para. 20, U.N. Doc. CCPR/CO/70/PE (2000) [hereinafter
9 See, e.g., CEDAW Committee, Concluding Observations: Human Rights Committee, Concluding Observations: Peru].
Bosnia and Herzegovina, para. 36, U.N. Doc. CEDAW/C/BIH/ 27 Human Rights Committee, Concluding Observations,
CO/3 (2006); CEDAW Committee, Concluding Observations: Mongolia, para. 8(c), U.N. Doc. CCPR/C/79/Add.120 (2000).
Cape Verde, para. 30, U.N. Doc. CEDAW/C/CPV/CO/6 (2006); 28 K.L. v. Peru, Human Rights Committee, Communication No.
CEDAW Committee, Concluding Observations: Namibia, para. 1153/2003, para. 6.4, U.N. Doc. CCPR/C/85/D/1153/2003
25, U.N. Doc. CEDAW/C/NAM/CO/3 (2007). (2005).
10 Vo v. France, 53924/00, Eur. Ct. H.R., para. 85 (2004). 29 Tysiąc v. Poland, 5410/03, Eur. Ct. H.R., para. 107 (2007).
11 International Covenant on Economic, Social and Cultural 30 R. R. v. Poland, 27617/04, Eur. Ct. H.R., para. 209 (2011).
Rights, adopted Dec. 16, 1966, art. 12 G.A. Res. 2200A (XXI), 31 Id., para. 203; Tysiąc v. Poland, para. 127-30.
U.N. GAOR, Supp. No. 16, U.N. Doc. A/6316 (1966) (entered 32 Human Rights Committee, General Comment No. 20: Replaces
into force Jan. 3, 1976), [hereinafter ICESCR]. general comment 7 concerning prohibition of torture and cruel
12 Anika Rahman & Rachel Pine, An International Human Right treatment or punishment (Art. 7), (44th Sess., 1992), ch. II, para.
to Reproductive Health Care, 1 Health and Human Rights 5 at 200, U.N. Doc. HRI/GEN/1/Rev.9 (Vol. I) (2008).
405, 406 (1995); Brigitte Toebes, The Right to Health as a 33 CAT Committee, Concluding Observations: Peru, para. 23,
Human Right in International Law 245-258 (1999). U.N. Doc. CAT/C/PER/CO/4 (2006).
13 Committee on Economic, Social and Cultural Rights, General 34 CAT Committee, Concluding Observations: Nicaragua, para.
Comment No. 14: The right to the highest attainable standard of 16, U.N. Doc. CAT/C/NIC/CO/1 (2009).
health, (22nd Sess., 2000), para. 80, U.N. Doc. E/C.12/2000/4 35 Human Rights Committee, Concluding Observations: Peru,
(2000). supra note 26, para. 20.

7
October 2011 • Safe and Legal Abortion is a Woman's Human Right

36 L.M.R. v. Argentina, Human Rights Committee, Views: 57 ICPD Programme of Action, supra note 18.
Communication No. 1608/2007, para. 9.2, U.N. Doc. 58 Beijing Declaration and Platform for Action, supra note
CCPR/C/101/D/1608/2007 (2011). 20.
37 R. R. v. Poland.
38 R. R. v. Poland, para. 159.
39 K.L. v. Peru, para. 6.3.
40 Id.; Christina Zampas & Jamie Gher, Abortion as a Human
Right: International and Regional Standards, 8 Human
Rights Law Review 249, 270 (2008).
41 Universal Declaration of Human Rights, adopted Dec. 10,
1948, art. 27, G.A. Res. 217A (III), U.N. Doc. A/810 at 71
(1948) [hereinafter Universal Declaration].
42 ICESCR, supra note 11, art. 15(b).
43 Mifepristone is a drug that blocks progesterone receptors
and thereby detaches the embryo from the uterus.
Misoprostol is a prostaglandin analog that causes
uterine contractions in order to complete the abortion.
Mifepristone, which was first approved for medical
abortion in France in 1988, is also commonly known by
its original French name, RU-486. Dr. Paul Blumenthal
Et Al., Providing Medical Abortion in Low-Resource
Settings: An Introductory Guidebook 1, 3, 11, 13
(Katrina Abuabara et al. eds., 2nd ed. 2004) [hereinafter
Providing Medical Abortion]; Ipas, Medical Abortion –
Implications for Africa 4 (2003).
44 WHO, Essential Medicines: WHO Model List (revised
March 2005) 20 (14th ed., 2005).
45 Providing Medical Abortion supra note 43, at 32; Bonnie
Scott Jones & Simon Heller, Providing Medical Abortion:
Legal Issues of Relevance to Providers, 55 Journal of the
American Medical Women’s Association 145 (2000).
46 Universal Declaration, supra note 41.
47 International Covenant on Civil and Political Rights, G.A.
Res. 2200A (XXI), U.N. GAOR, 21st Sess., Supp. No. 16,
U.N. Doc A/6316 (1966), 999 U.N.T.S. 171 (entered into
force Mar. 23, 1976).
48 ICESCR, supra note 11.
49 CEDAW, supra note 23.
50 Convention on the Rights of the Child, adopted Nov. 20,
1989, G.A. Res. 44/25, annex, U.N. GAOR, 44th Sess.,
Supp. No. 49, at 166, UN Doc. A/44/49 (1989), reprinted
in 28 I.L.M. 1448 (entered into force Sept. 2, 1990).
51 Convention on the Rights of Persons with Disabilities,
adopted Dec. 13, 2006, art, XX, para. XX, G.A. Res. A/
RES/61/106, UN GAOR, 61st Sess., U.N. Doc. A/61/611,
(entered into force May 3, 2008).
52 American Convention on Human Rights, Nov. 22, 1969,
O.A.S.T.S. No. 36, O.A.S. Off. Rec. OEA/Ser.L/V/II.23,
doc. 21, rev. 6 (entered into force July 18, 1978).
53 African Charter on Human and Peoples’ Rights, adopted
June 27, 1981, O.A.U. Doc. CAB/LEG/67/3, rev. 5, 21
I.L.M.58 (1982) (entered into force Oct. 21, 1986).
54 Maputo Protocol, supra note 15.
55 Convention for the Protection of Human Rights and
Fundamental Freedoms, adopted Nov. 4, 1950, 213
U.N.T.S. 222, Eur. T.S. No. 5 (entered into force Sept. 3,
1953).
56 Vienna Declaration and Programme of Action, World
Conference on Human Rights, Vienna, Austria, June 14-25,
1993, U.N. Doc. A/CONF.157/23 (1993).

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