Developing Regional Abortion Jurisprudence: Comparative Lessons for African Charter Organs

(2013) 31(1) Netherlands Quarterly of Human Rights pp. 9-40

32 Pages Posted: 27 Jun 2013

See all articles by Charles Ngwena

Charles Ngwena

Centre for Human Rights, Faculty of Law, University of Pretoria

Date Written: 2013

Abstract

This article is constructed around an appraisal of the decision of the European Court of Human Rights in A, B and C v. Ireland. It seeks to extrapolate comparative lessons for African Charter organs for the development of regional jurisprudence on abortion. It is argued that the A, B and C decision offers positive as well as negative lessons. The positive lessons lie in the holding of the European Court that at a procedural level, domestic abortion laws must be transparent in the sense of being formulated clearly and providing an administrative mechanism for review so as to enable women seeking abortion to exercise their rights effectively. The negative lessons lie in the continued reluctance of the European Court to resolutely affirm abortion rights as substantive rights.

Keywords: abortion, equality, gender, human rights, margin of appreciation, transparency

JEL Classification: K10, J13, I18, I10

Suggested Citation

Ngwena, Charles, Developing Regional Abortion Jurisprudence: Comparative Lessons for African Charter Organs (2013). (2013) 31(1) Netherlands Quarterly of Human Rights pp. 9-40, Available at SSRN: https://ssrn.com/abstract=2285577

Charles Ngwena (Contact Author)

Centre for Human Rights, Faculty of Law, University of Pretoria ( email )

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Hatfield 0028
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