International Organizations Law Group Legal Studies Series - No. 1
32 Pages Posted: 24 Apr 2010
Date Written: 2010
This article examines the claim that a right to abortion exists in international human rights law and concludes that the claim is without legal foundation. Sovereign states may therefore legislate in defense of prenatal life. Abortion proponents nevertheless attempt to create soft-law norms that favor to abortion, often using sympathetic treaty compliance committees, in order to advance their agenda. This is followed by strategic litigation in national courts, where appeal is made to an "evolving," soft-law, jurisprudence as a basis for challenging restrictions on abortion. The author contends that such attempts to fabricate a "right" and impose it upon reluctant sovereign nations actually undermines international human rights law.
Keywords: abortion, right, rights, sovereign, international law, prenatal, pro-life, pro-choice, unborn, UN, United Nations
Suggested Citation: Suggested Citation
Tozzi, Piero, International Law and the Right to Abortion (2010). International Organizations Law Group Legal Studies Series - No. 1. Available at SSRN: https://ssrn.com/abstract=1567128