Kiva Diamond Allotey-Reidpath, Pascale Allotey, Daniel D Reidpath
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Nine months a slave: when pregnancy is involuntary servitude to a foetus.
Recent globally compiled evidence suggests that one-quarter of pregnancies end in abortions. However, abortions remain illegal in many countries, resulting in unsafe practices. Debates have largely stalled with the pro-life, pro-choice epithets. To provide further arguments in support of legalising abortion services, we argue that the state cannot demand of a woman that she maintains an unwanted pregnancy because that demand places her in a state of involuntary servitude. Involuntary servitude would put states in breach of international human rights law (Article 8 of International Covenant on Civil and Political Rights). Furthermore, we argue that the fact that a life may be forfeit when a woman withdraws her service is no basis for enforcing the servitude. We draw on the 13th Amendment of the US Constitution as an example to extend the argument and highlight the need to test involuntary servitude in international human rights law through mechanisms offered in the international periodic review of member states. This could provide a robust approach to support and strengthen access to safe abortion services.
期刊介绍:
Sexual and Reproductive Health Matters ( SRHM) promotes sexual and reproductive health and rights (SRHR) globally through its journal and ''more than a journal'' activities. The Sexual and Reproductive Health Matters (SRHM) journal, formerly Reproductive Health Matters (RHM), is a peer-reviewed, international journal that explores emerging, neglected and marginalised topics and themes across the field of sexual and reproductive health and rights. It aims to publish original, relevant, and contemporary research, particularly from a feminist perspective, that can help inform the development of policies, laws and services to fulfil the rights and meet the sexual and reproductive health needs of people of all ages, gender identities and sexual orientations. SRHM publishes work that engages with fundamental dilemmas and debates in SRHR, highlighting multiple perspectives, acknowledging differences, and searching for new forms of consensus. SRHM strongly encourages research that explores experiences, values, information and issues from the point of view of those whose lives are affected. Key topics addressed in SRHM include (but are not limited to) abortion, family planning, contraception, female genital mutilation, HIV and other STIs, human papillomavirus (HPV), maternal health, SRHR in humanitarian settings, gender-based violence, young people, gender, sexuality and sexual rights.