A/HRC/18/27
D.
Addressing unsafe abortion
25.
In his Global Strategy for Women’s and Children’s Health, the Secretary-General
pointed out that unsafe abortion accounts for one out of every eight maternal deaths; in a
statement made on 14 June 2010, the High Commissioner declared that States had
obligations to address unsafe abortion. Unsafe abortion is one of the five major causes of
maternal deaths.28 Each year, there are around 47,000 deaths and between 5 and 8.5 million
women with temporary or permanent disability or injury due to complications.29
26.
On the basis of existing international law, several human rights bodies have called
on Governments to review and amend restrictive abortion laws.30 In its general
recommendation 24 on women and health, the Committee on the Elimination of
Discrimination against Women emphasized that the barriers to women’s access to
appropriate health care include laws that criminalize medical procedures only needed by
women and that punish women who undergo those procedures, and recommended that
legislation criminalizing abortion should be amended in order to withdraw punitive
provisions imposed on women who undergo abortion. Similarly, other human rights treaty
bodies have declared restrictive abortion laws and failure to ensure access to abortion when
it is legal incompatible with international human rights law and amounting to violations of,
inter alia, the rights to life and health and the principle of non-discrimination arising from
the denial of access to safe and legal abortion and post-abortion care, with a discriminatory,
disproportionate impact of restrictive abortion laws on poor, rural women.31 The denial of
safe abortion or the penalization of abortion have also been deemed to, in certain
circumstances, constitute a violation of the right to be free from torture and cruel, inhuman
and degrading treatment.32
27.
According to WHO, the degree of legal access to abortion co-determines the
frequency and related mortality of unsafe abortions, and evidence shows that women who
seek abortion do so regardless of legal restrictions. Where there are few restrictions on the
availability of safe abortion, deaths and injuries are significantly reduced.
28.
According to the Special Rapporteur on violence against women, its causes and
consequences, the absolute prohibition of abortion is an example of how State action can
lead to violence against women and have a direct impact on maternal mortality and
morbidity, as well as teenage suicides. Women and girls who are forced to continue with
unwanted pregnancies commonly face re-victimization by family and society. In cases of
pregnancies resulting from rape or incest, women and girls often resort to unsafe and
clandestine abortion practices, sometimes with fatal consequences. In some cases, women
who have suffered miscarriages or have had complicated deliveries resulting in the death of
the child have automatically been accused of homicide and penalized under criminal law.33
29.
When practiced by skilled medical professionals in a safe environment, abortion
poses very little risk to a woman’s life and health. The obligations of the State include that
28
WHO, “Unsafe abortion: global and regional estimates of the incidence of unsafe abortion and
associated mortality in 2008”, sixth ed., pp. 1 and 5. Available from
http://whqlibdoc.who.int/publications/2011/9789241501118_eng.pdf.
29
Ibid., p. 14.
30
See E/C.12/1/Add.66, E/C.12/PRY/CO/3 and CRC/C/15/Add.107.
31
See CCPR/CO/70/ARG.
32
See CCPR/C/79/Add.72, para. 15; CCPR/CO/70/PER, para. 20; and CCPR/CO/82/MAR, para. 29.
See also CCPR/CO/79/LKA, para. 12 and CAT/C/CR/32/5, para. 6 (j).
33
A/HRC/17/26/Add.2, paras. 65-68.
9
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