Developing Regional Abortion Jurisprudence: Comparative Lessons for African Charter Organs. Issue 1 (March 2013)

• Record Type: Journal Article
• Authors: Ngwena, Charles G.
• Is Part Of: Netherlands quarterly of human rights. Volume 31:Issue 1(2013)
• Page Start: 9
• Page End: 40
• Publication Date: 2013-03
• Subjects: abortion -- equality -- gender -- human rights -- margin of appreciation -- transparency; Human rights -- Periodicals; 341.48
• DOI: 10.1177/016934411303100102
• Languages: English
• ISSNs: 0924-0159

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.