Abortion Update

The right to access safe abortion services in certain circumstances has been recognised as a human right by various UN committees and courts around the world. Despite this, (seemingly obvious conclusion) the battle to ensure that women have the right to choose remains hotly contested around the globe.

In Europe, the ECHR Grand Chamber will have to a chance to decide on the 9th of December whether Irish law violates article 8 of the Convention in A,B,C v Ireland. This case, following on from the Court's decision in Tysiac could be the most important case concerning sexual and reproductive rights decided by the Strasbourg court to date. In February 2009 the Court confirmed its decision of Open Door Counselling in Women and Waves v Portugal holding unanimously that article 10 (the freedom of expression guarantee) means that information on abortion services cannot be outlawed. The decision is important from a freedom of speech point of you, but also for sexual and reproductive health since women will be informed about alternative means to procure abortions such as those found on websites such as Women on the Web. (see http://www.womenonweb.org/)

In terms of legislation, the Spanish government are facing tough opposition from the PP (conservative party led by Rajoy) in their attempts to expand the circumstances in which women have the right to choose. While in the US abortion has been decriminalised since 1973 following the historic decision of Roe v Wade, it looks like the Stupak amendment of the health care bill will make it virtually impossible for women to obtain government subsidised abortions. This is particularly worrying since today most policies cover abortion services while in the future companies will have no incentive to provide abortion coverage, leaving as usual, those women most in need of safe abortion services without the means to access them.
(see this article on Abortion and Health Care Debate http://www.newyorker.com/talk/comment/2009/11/23/091123taco_talk_toobin#ixzz0XDIyYCoK)

Then of course, there's Latin America, where the abortion debate is raging in Colombia, Peru, Argentina, Honduras, Nicaragua and around the continent generally. In Colombia, while the Constitutional Court found that abortion is legal and more recently that sex education in schools must teach students about the availability to therapeutic abortion in certain circumstances, the Procurador and the Consejo de Estado are doing their hardest to undermine this legal right. (see http://www.womenslinkworldwide.org/pdf_press/press_release_20091022_en.pdf) In Nicaragua, where the government criminalised abortion in all circumstances in 2008, the Constitutional Court has still failed to deliver its judgment on the constitutionality of the law pending since May 2009 (http://www.amnesty.org/en/for-media/press-releases/nicaragua-constitutional-court-must-decide-legality-new-abortion-law-200).

Although there have been some recent victories in granting women the right to choose an abortion (Portugal and Monaco for example) sexual and reproductive rights remain de-prioritised and constantly under threat. Conservatives, Catholics and others fighting for the 'right to life' of the fetus would do well to remember that unsafe abortions deny 70,000 women globally their right to life.

Lets hope by the next update we'll have some more good news to share.