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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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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author Pau Pérez-Sales
Sara Lopez-Martin
author_facet Pau Pérez-Sales
Sara Lopez-Martin
author_sort Pau Pérez-Sales
collection DOAJ
description 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.
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publishDate 2024-01-01
publisher International Rehabilitation Council for Torture Victims
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spelling doaj-art-3692c679d39b40c8a7513218a65fb9ae2025-01-29T14:41:10ZengInternational Rehabilitation Council for Torture VictimsTorture1018-81851997-33222024-01-0134331410.7146/torture.v34i3.152020Denial of abortion rights as a form of ill-treatment or torturePau Pérez-Sales0Sara Lopez-Martin1Editor-in-Chief, Torture JournalSenior Legal Adviser. SiRa Center.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.https://tidsskrift.dk/torture-journal/article/view/152020/195101torture
spellingShingle Pau Pérez-Sales
Sara Lopez-Martin
Denial of abortion rights as a form of ill-treatment or torture
Torture
torture
title Denial of abortion rights as a form of ill-treatment or torture
title_full Denial of abortion rights as a form of ill-treatment or torture
title_fullStr Denial of abortion rights as a form of ill-treatment or torture
title_full_unstemmed Denial of abortion rights as a form of ill-treatment or torture
title_short Denial of abortion rights as a form of ill-treatment or torture
title_sort denial of abortion rights as a form of ill treatment or torture
topic torture
url https://tidsskrift.dk/torture-journal/article/view/152020/195101
work_keys_str_mv AT pauperezsales denialofabortionrightsasaformofilltreatmentortorture
AT saralopezmartin denialofabortionrightsasaformofilltreatmentortorture