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- Title
A Commentary on LC v Peru: The CEDAW Committee's First Decision on Abortion.
- Authors
Ngwena, Charles G
- Abstract
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.
- Subjects
UNITED Nations. Committee on the Elimination of Discrimination Against Women; CONVENTION on the Elimination of All Forms of Discrimination against Women (1980); SEX discrimination against women; ABORTION laws; HUMAN rights; EQUAL rights
- Publication
Journal of African Law, 2013, Vol 57, Issue 2, p310
- ISSN
0021-8553
- Publication type
Article
- DOI
10.1017/S0021855313000107