International Protection of Women's Reproductive Rights: A Critical Assessment

Abstract

International law spreads into a myriad of legal fields including human rights law and it is in this protective net that women’s reproductive rights fall. It is pertinently a delicate aspect of our civilization which has been given a deaf ear since time immemorial and it is the lack of enforcement of reproductive rights internationally that has caused millions of women to die. It was only in the latter half of 20th century that authorities began recognizing the need to codify this inherent facet of the society. With only a couple of international conventions addressing this issue it is realized that it has not received the amount of attention which, morally, it should have. At the core of this predicament lies religion, patriarchy and other socially restrictive mechanisms at play which tend to hamper the pace at which international law operates. There are States whose policies are driven by orthodoxy and socio-cultural factors to such an extent that even an attempt to bring a slight change in the system is met with huge protest even if it is for a cause supported by the rest of the world. This article specifically aligns itself for the inclusion of reproductive rights of women in municipal legislations and analyses the international conventions in the sphere. Exclusive emphasis is laid on the right to abortion, which is one of many reproductive rights of women, comprehending as to how the courts guarantee the right but the politics refuses it.

Keywords: International Law, Human Rights, Reproductive Health, Reproductive Rights, Abortion Law

JEL Classification: I18, K33, K32, J13