33.
34.
35.
36.
Article 15.1.b) of the ICESCR states that every individual must benefit from
scientific progress and its applications. Women see themselves denied the right
to benefit from the fruits of this progress as soon as they are denied the means to
interrupt an unwanted pregnancy safely, using effective modern services.
For women who have the right to therapeutic abortion services, being subjected
by health care providers, police and/or judicial authorities to an interrogation on
the reasons why they want to interrupt a pregnancy that meets the criteria listed
in Article 14. 2.c) or being charged or detained for suspicion of illegal abortion
when they seek post-abortion care constitutes a violation of their rights to
privacy and confidentiality.
WHO recommends to the Member States to end the practice of extortion of
confessions from women seeking emergency medical care as a result of an illegal
abortion and to remove the obligation imposed by law to physicians and other
health care providers to denounce cases of women who have undergone
abortions. States are required to ensure, immediately and unconditionally, the
treatment required for anyone seeking emergency medical care. UN human rights
bodies have also condemned such practices which constitute a human rights
violation.
Article 5 of the African Charter prohibits cruel, inhuman and degrading
treatments, a prohibition reiterated in Article 4 of the Protocol. State parties must
ensure that women are not treated in an inhumane, cruel or degrading manner
when they seek to benefit from reproductive health services such as
contraception/family planning services or safe abortion care, where provided for
by national law and the Protocol.
The grounds for abortion stated in the Protocol
37.
38.
The Protocol provides for women’s right to terminate pregnancies contracted
following sexual assault, rape and incest. Forcing a woman to keep a pregnancy
resulting from these cases constitutes additional trauma which affects her
physical and mental health, as evidenced by the UN bodies responsible for
ensuring compliance with the treaties, which advocate for women's access to
therapeutic abortion in cases of pregnancy resulting from sexual assault.
Apart from the potential physical injuries in the short and long term, the
unavailability or refusal of access to safe abortion services is often the cause of
mental suffering, which can be exacerbated by the disability or precarious
socioeconomic status of the woman. When assessing the risks to a pregnant
woman’s health, health must be interpreted according to the WHO definition,
namely: "state of complete physical, mental and social well-being and not merely
the absence of disease or infirmity". The reasons put forward by the woman
seeking an abortion must be taken into account, and States are required to ensure
that the legal frameworks in place facilitate access to medical abortion when the
pregnancy poses a threat to the health of the pregnant mother. This implies
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