ABORTION AND RIGHT TO FAMILY PLANNING UNDER INTERNATIONAL LAW: A CRITICAL APPRAISAL

Abstract

Abortion is a procedure to end a pregnancy. It can be achieved by two different ways, that is, either by medical abortion or procedural abortion. Medical abortion entails the termination of pregnancy by the use of medicines, while procedural abortion means the termination of pregnancy through a procedure that is sometimes called surgical abortion. Abortion stands as a contentious matter that starkly divides leaders and policymakers, igniting intense political, religious, legal and philosophical debates. Despite its historical prevalence, numerous states opt to ban or criminalize abortion. One of the most controversial debates on this issue is whether or not women are entitled to abortion rights under human rights law because, lately, supporters of abortion have been pushing for the recognition of an international legal foundation for the right to abortion, urging countries to modify their laws to uphold this right. They have presented this argument in international treaty compliance committees, national constitutional courts, and legislatures, experiencing a mix of achievements and challenges in their efforts. This article sought to critically examine whether or not a right to abortion is guaranteed in public international law. As a result, many nations have altered their national legislation in order to make abortion legal so as to align with the notion that abortion is guaranteed in public international law. To address this inquiry, this article adopted doctrinal research methodology by scrutinizing the position of abortion based on the provisions of international legal instruments. The findings stem from a comprehensive analysis of the preparatory materials (travaux preparatoires), preambles, annexes, and reservations associated with international treaties, alongside documentation from international and regional treaty bodies. The study’s conclusion asserts the absence of an explicitly defined human right to abortion, nor is the right to family planning as, guaranteed in public international law, expansive enough to incorporate the right to abortion. It is suggested among other things that the United Nations treaty bodies should exercise precaution in advancing right to abortion as part of right to family planning.