Denial of abortion rights as a form of ill-treatment or torture

The paper presents a review of the evolution of sexual and reproductive rights within the context of the international human rights framework. Subsequently, an analysis is presented of the extant data on legislation by country, statistics on unsafe abortion and evidences on the relationship between...

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Bibliographic Details
Main Authors: Pau Pérez-Sales, Sara Lopez-Martin
Format: Article
Language:English
Published: International Rehabilitation Council for Torture Victims 2024-01-01
Series:Torture
Subjects:
Online Access:https://tidsskrift.dk/torture-journal/article/view/152020/195101
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Summary:The paper presents a review of the evolution of sexual and reproductive rights within the context of the international human rights framework. Subsequently, an analysis is presented of the extant data on legislation by country, statistics on unsafe abortion and evidences on the relationship between abortion and mental health. In the second section, the text reviews the legal grounds for two situations: firstly, the denial of health services in relation to the termination of pregnancy as cruel, inhuman or degrading treatment; and secondly, those cases in which the denial of abortion could constitute a violation of the Convention against Torture. Consequently, the position of the relevant international bodies is examined, and the manner in which each assumption of the definition of torture is satisfied is analysed, as well as the significance attributed to each element by the various committees. This information is then used to present elements related to forensic documentation in accordance with the Istanbul Protocol.
ISSN:1018-8185
1997-3322