Failure to implement reproductive rights in the EU pushes women towards unsafe abortions

Worldwide restrictive abortion laws continue to lead to unsafe abortions and women die as a consequence. Within the EU, there are still countries in which the termination of a pregnancy is still an illegal act. Indeed, on average 16 women travel daily from Ireland to England in order to receive a safe abortion. Meanwhile every year around 200, 000 illegal abortions take place in Poland. Together with pro-choice activists from Poland and Ireland, the ECCHR has been discussing strategies for taking further steps on the international and European level against the devastating consequences of restrictive women's health policies. For this purpose, the Program Director for the Gender and Human Rights department has provided a legal overview of the European and international institutions and their judicial policies in relation to women's reproductive health laws.

According to the World Health Organization (WHO), around 13% of maternal deaths worldwide are caused by unsafe abortions. The majority of those are registered in countries with restrictive abortion laws. In numerous reports, various UN bodies attribute this high percentage of maternal mortality to the high number of illegal and unsafe abortions. On both the European and the international level, steps are being taken against the disastrous health consequences of these restrictive health policies.

At least since the United Nations (UN) Conference on Population and Development in Cairo in 1994 and the Fourth World Conference on Women, held in Beijing in 1995, sexual and reproductive rights have been recognized as issues central to social justice, national and regional human rights, as well as part of the protection of women's rights. The chances of an EU-wide legalization of abortion, however, are very slim. Although member states recently consented to relinquish their sovereignty to the Lisbon Treaty, it was, for example, a precondition for ratification in Ireland that the veto right inter alia regarding abortion rights would be maintained. At present the scope of theoretical protection of human rights in Europe exceeds the ideological attitudes of some European citizens. Furthermore, in certain parts of Europe the practical implementation of this protection fails to meet the norms that are accepted by UN institutions. As such, we must draw on additional individual provisions of international human and women rights.

The prohibition on abortion in Ireland was a point of conjecture in many of the reports by the UN Human Rights Committee, which reviewed the International Covenant on Civil and Political Rights (ICCPR). On the one hand, even as late as 2000, Ireland was requested to guarantee that women were not forced to carry out a pregnancy in the case that this is not compatible with Article 7 of the ICCPR. On the other hand, Ireland was requested multiple times to bring its abortion rights in accordance with the ICCPR. However, to date it seems that Ireland will not bend under international pressure on the issue.

We thus remain faced with the problem of having on the one hand a very strong system of human rights protection in Europe, but on the other, a lack of political will to discuss the topic of reproductive rights. Furthermore, in the context of international human rights protection we have a very progressive movement, but one whose goals are nevertheless enforced with difficulty. As long as the politically and culturally contingent will of states continues to have such a high level of influence over the rights of women, greater political resistance and new judicial paths must be forged. As the recent events of Nicaragua have shown, political pressure is one of the first important steps.  Activists must use these steps to further adherence to women's rights in their own countries.

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