LC v. Peru: CEDAW’s first decision on abortion

Congratulations to Professor Charles Ngwena of the Centre for Human Rights at the University of Pretoria, South Africa, for his recently published article, cited and abstracted below:

Charles G Ngwena, A Commentary on LC v Peru: The CEDAW Committee’s First Decision on Abortion. Journal of African Law, 57.2 (Oct 2013): 310-324; © School of Oriental and African Studies, 2013. doi:10.1017/S0021855313000107, available online here.

In LC v Peru, the Committee on the Elimination of Discrimination against Women held that Peru was in breach of its obligations under the Convention on the Elimination of All Forms of Discrimination against Women when it denied a 13 year old girl emergency surgery as well as an abortion. This commentary discusses the human rights significance of LC v Peru, especially in relation to the advancement of abortion jurisprudence in the African region. It is submitted that LC v Peru makes an important contribution towards the development of abortion laws that are transparent and accountable to women, as well as responsive to equal protection under the law. The duty of states to operationalize LC v Peru in their domestic law is an innovative juridical resource for reforming abortion laws. This is particularly so in those regions, including the African region, where the continued criminalization of abortion serves as a significant incentive for unsafe, illegal abortion.

The full text of this article is online here for institutional subscribers.

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