Access to Safe Abortion as a Reproductive Health Right in Ethiopia: Normative and Practical Challenges

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Date

2023-07

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AAU

Abstract

Abortion is the artificially induced termination of a pregnancy for the purpose of destroying an embryo or fetus. There has been a long-standing debate on the issue of abortion, starting from earlier periods of time, as to its liberalization or criminalization. The situation in Ethiopia is no exception in this regard. This study looks at the extent to which protection for the right to safe abortion is provided under international human rights law. It also examines the protections available for the right to safe abortion in Ethiopia’s law. In principle, abortion is a crime under Ethiopian law. It is only on the exceptionally stipulated grounds of the law that legal abortion can be procured. One such exception to the law is pregnancy because of the criminal acts of rape and incest. To procure a legal abortion on the basis of this particular ground, the mere statement by the woman that she is a victim of rape or incest is adequate. Thus, this research aims at examining the legal frameworks related to the right to safe abortion in Ethiopia and pointing out some normative and practical challenges. Hence, the research employed qualitative research methodology, including a literature review, examination, and analysis of relevant international and regional instruments as well as domestic laws and academic articles relevant to the study. In-depth interviews and unstructured and semi-structured questions were also employed by the experts. The writer argues that both international human rights law and Ethiopian law provide some level of protection for the right to safe abortion as a women’s reproductive health right, even though normative and practical challenges are hindering exercising the right. There is also a duty on the part of the government of Ethiopia to enforce such protections available for women's reproductive health rights. 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 women’s reproductive health rights by revising the restricted abortion law.

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Keywords

women’s reproductive health rights, the right to safe and legal abortion, legal restrictions on abortion.

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