The 'Right to Life' of the Unborn Child and the Practice of Abortion for Rape and Incest Victims in Addis Ababa
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Date
2011-06
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Addis Ababa University
Abstract
Despite recent efforts by some scholars, there is one group of children who remain undertheorized
and under-studied, and that is the unborn child. Most importantly, there is very lim ited
discussion about whether protection for the life of the unborn child begins at birth, some time
before or at conception. The situation in Ethiopia is no exception in this regard . Therefore, this
study looks at the extent in which protection for the life of the unborn child is provided under
international human rig hts law. It also examines the protections available for the life of the
unborn child under Ethiopia 's law. In principle abortion is a crime under Ethiopjan law. [t is only
based on the exceptionally stipulated grounds of the law that legal abortion can be procured . One
such exception of the law is pregnancy because of the criminal act of rape and incest To procure
legal abortion on the basis of this particular ground, the mere statement by the women that she is
a victim of rape or incest is adequate. [n practice, many women in Addis Ababa resort to legal
abortion by mentioning th is except ion of the law simply to do away with unwanted pregnancies
Thus, this research aims at examining and crit icall y anal yzing the abuse of abortion laws by
many women's in Addis Ababa. Hence, the protections available for the life of the unborn child
and its enfo rcements under the FDRE Constitution and ordinary legislations of the country wi ll
be analyzed from the practice of legal abortion for rape and incest victims in Addis Ababa.
Accordingly, the writer argues that both international human rights law and Ethiopian law
provide some level of protection for the life of the unborn chi ld . There is also a duty on part of
the government of Ethiopia to enforce such protections avai lab le for the life of the unborn child .
But, the abuse of the law by several womens in Addis Ababa is violating the protections
guaranteed for the life of the unborn child in Ethiopia. Therefore, the concerned authorities in
Ethiopia have to take measures that will ensure compliance of the practice of abortion with the
law and provide better protection for the li fe of the unborn chi ld in Ethiopia.
Key Words: Ri ght to life; unborn child ; legal abortion; rape and incest victims; some level of
protection
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Keywords
Right to life, unborn child, legal abortion, rape and incest victims, some level of protection