19. Only a very low percentage of abortions practiced in Africa are safely conducted. As a
result of this state of facts, unsafe abortions remain a factor in preventable maternal
mortality. Furthermore, they are for women who undergo them a persistent
disability factor which is often not listed as such. It has been demonstrated that in a
context where national laws allow therapeutic abortion when it proves necessary,
and where health services are available, accessible, acceptable and of good quality,
the prevalence as well as the complications arising from unsafe abortions are
generally lower than in countries where the legal conditions for abortion are
restricted.
20. The Protocol puts on State parties the obligation to protect women’s reproductive
rights, particularly by authorizing safe abortion in the cases listed in Article 14. 2 c.).
In addition, the Maputo Plan of Action urges Governments to adopt legal policies and
frameworks so as to reduce cases of unsafe abortion, as well as to develop and
implement national action plans in order to mitigate the prevalence of unintended
pregnancies and unsafe abortions. WHO reiterates that, if States do not remove the
legal and administrative barriers that impede women's access to safe abortion
services, they could not meet their international obligations to respect, protect,
promote and implement the right to non-discrimination.
21. Thus, administrative discriminatory laws, policies, procedures, practices must be
removed so that women can effectively claim their reproductive freedom and the
rights thereof, and enjoy the same.
22. State parties must imperatively take all necessary measures to remove socio-cultural
structures and norms that promote and perpetuate gender-based inequality. It is the
same for the cross-cutting forms of discrimination contained in laws, policies, plans,
administrative procedures and the provision of resources, information and services
concerning contraception/family planning and safe abortion, in the limited cases
listed.
Normative content
Article 14.1.a), b) and c): the right to exercise control over one’s fertility, decide
one’s maternity, the number of children and the spacing of births, and choice of
contraceptive methods.
23. The rights to exercise control over one’s fertility, to decide one’s maternity, the
number of children and the spacing of births, and to choose a contraception method
are inextricably linked, interdependent and indivisible.
24. The right to dignity enshrines the freedom to make personal decisions without
interference from the State or non-State actors. The woman's right to make personal
decisions involves taking into account or not the beliefs, traditions, values and
cultural or religious practices, and the right to question or to ignore them.
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