Muh. Syah Quddus, Tia Permatasari, Syfa Aswa Nafitabella, Raja Rasih Harianty Andina Pertiwi

Prohibition of Abortion as a Violation of Women's Human Rights Under International Legal Standards in the ICCPR and CEDAW

Introduction

Prohibition of abortion as a violation of women's human rights under international legal standards in the iccpr and cedaw. Explore how abortion prohibition violates women's human rights under international legal standards (ICCPR, CEDAW), impacting health, safety, and bodily autonomy. Understand state obligations for legal reform.

Abstract

Reproductive rights related to access to safe and legal abortion are an important issue in women's human rights discussions at the global level because they involve the right to health, safety and bodily autonomy. Although international laws such as the ICCPR and CEDAW guarantee this right, many countries still impose strict bans or restrictions on abortion, which often contradict basic human rights principles. This research aims to analyze women's human rights violations resulting from abortion bans and evaluate state obligations under the ICCPR and CEDAW standards. This research uses a normative juridical approach by analyzing secondary data from primary, secondary, and tertiary legal materials. The research findings show that reproductive rights are an integral part of women's human rights as stipulated in various international legal instruments, such as the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Although this right has been juridically recognized, its implementation in many countries still faces significant obstacles, especially in access to safe abortion, which is often restricted by discriminatory regulations. Such restrictions not only violate the principles of non-discrimination and gender equality, but can also be categorized as inhumane treatment, and prevent women from accessing reproductive health services equally and with dignity as guaranteed by international law. Therefore, countries are obliged to reform national laws and ensure that reproductive health policies respect women's rights, and are supported by strong international oversight based on human rights principles.

Review

The proposed research addresses a critically important and timely topic concerning the intersection of reproductive rights and women's human rights, particularly in the context of abortion prohibition. The title and abstract clearly delineate the study's focus on analyzing such prohibitions as violations of international legal standards, specifically under the ICCPR and CEDAW. The objective to evaluate state obligations using a normative juridical approach is well-defined and appropriate for exploring the complex legal and human rights implications of restricted abortion access. This foundational framing promises a robust analysis of existing international legal instruments. The abstract effectively presents compelling findings, asserting that reproductive rights are an integral component of women's human rights, juridically recognized yet severely hampered in implementation across many nations. It highlights how restrictions on safe abortion access not only contradict principles of non-discrimination and gender equality but can also constitute inhumane treatment. The research's contribution lies in its clear articulation of how such prohibitions prevent women from accessing essential reproductive health services with dignity, directly contravening international law. The identification of state obligations to reform national laws and strengthen international oversight underscores the practical and policy-oriented relevance of this study. While the abstract provides a strong overview of the research's scope and findings, the full paper would benefit from a deeper exploration of *how* specific types of restrictions manifest as inhumane treatment or discrimination in practice, perhaps with illustrative case studies or categories of legislative bans. Additionally, a more detailed discussion on the *mechanisms* for international oversight and enforcement, beyond merely stating their importance, would further strengthen the policy implications. Nonetheless, this research presents a vital and well-argued case for the imperative of aligning national reproductive health policies with established international human rights standards. It is a significant contribution to the ongoing discourse on women's human rights and reproductive justice.

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