Protocol to the African Charter on the Rights of Women: Implications for Access to Abortion at the Regional Level

International Journal of Gynecology and Obstetrics, Vol. 110, pp. 163-166, 2010

4 Pages Posted: 14 Jan 2012

See all articles by Charles Ngwena

Charles Ngwena

University of the Orange Free State

Date Written: 2010

Abstract

Article 14(2)(c) of the Protocol to the African Charter on the Rights of Women enjoins States Parties to take appropriate measures "to protect the reproductive rights of women by authorising medical abortion in cases of sexual assault, rape, incest, and where continued pregnancy endangers the mental and physical health of the mother or the life of the mother or the foetus." This paper considers the implications of Article 14 for access to safe, legal abortion. It is submitted that Article 14 has the potential to impact positively on regional abortion law, policy and practice in three main areas. First, it takes forward the global consensus on combating abortion as a major public health danger. Second, it provides African countries with not just an incentive, but also an imperative for reforming abortion laws in a transparent manner. Third, if implemented in the context of a treaty that centers on the equality and non-discrimination of women, Article 14 has the potential to contribute towards transforming access to abortion from a crime and punishment model to a reproductive health model.

Keywords: accessibility, human rights, reproductive health, transparency, unsafe abortion, women's health

JEL Classification: I18, K10, K19

Suggested Citation

Ngwena, Charles, Protocol to the African Charter on the Rights of Women: Implications for Access to Abortion at the Regional Level (2010). International Journal of Gynecology and Obstetrics, Vol. 110, pp. 163-166, 2010, Available at SSRN: https://ssrn.com/abstract=1983526

Charles Ngwena (Contact Author)

University of the Orange Free State ( email )

205 Nelson Mandela Drive
Park West
Bloemfontein, Free State 9300
South Africa

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