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Amnesty International's Policy on Abortion

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Amnesty International's Policy on Abortion AI INDEX: POL 30/2847/2020 AMNESTY INTERNATIONAL’S POLICY ON ABORTION EXPLANATORY NOTE 1 AI INDEX: POL 30/2847/2020 AMNESTY INTERNATIONAL’S POLICY ON ABORTION: EXPLANATORY NOTE 28 SEPTEMBER 2020 AI INDEX: POL 30/2847/2020 CONTENTS List of abbreviations .................................................................................................................................................................. 4 Glossary .......................................................................................................................................................................................... 5 1. Introduction ........................................................................................................................................................................ 11 2. Human rights impact of criminalization of abortion ......................................................................................................... 13 2.1 Perpetuates stigma and discrimination ................................................................................................................... 14 2.2 Violates human rights ............................................................................................................................................... 15 2.3 Violates foundational human rights legal principles ............................................................................................... 26 3. States’ human rights obligations in the context of abortion ............................................................................................. 32 3.1 Evolving international human rights law and standards .......................................................................................... 32 3.2 States’ legal obligations in the context of abortion ................................................................................................. 34 3.2.1 Decriminalize abortion ......................................................................................................................................... 34 3.2.2 Eliminate requirements that nullify the autonomy and agency of women, girls and pregnant people ............. 36 3.2.3 Eliminate other barriers to lawful abortion services .......................................................................................... 42 3.2.4 Regulate refusals by health-care professionals to provide lawful abortion services ....................................... 44 4. State obligations to create an enabling environment for people to make autonomous and informed decisions ........... 48 4.1 Eliminate harmful stereotypes and discrimination .................................................................................................. 48 4.2 Destigmatize abortion .............................................................................................................................................. 51 4.3 Provide access to comprehensive sexual and reproductive health services, goods and information .................. 54 4.4 Provide comprehensive sexuality education (CSE) ................................................................................................. 57 4.5 Promote reproductive justice .................................................................................................................................. 62 4.6 Refrain from banning or restricting abortion in the name of anti-discrimination ................................................. 64 4.7 Ensure participation and accountability .................................................................................................................. 70 5. Abortion regulation must be aligned with human rights ................................................................................................... 73 2 AI INDEX: POL 30/2847/2020 5.1 Procedural protections to ensure access to lawful abortion .................................................................................. 73 5.2 Legal protection of human rights starts at birth ..................................................................................................... 74 5.3 Time-bound regulation of abortion – gestational limits .......................................................................................... 76 ANNEX I: Abortion in armed conflict situations ............................................................................................................................ 78 ANNEX II: Key principles – update of amnesty international’s policy on abortion (2018 Amnesty global assembly decision 2) ...................................................................................................................................................................................................... 82 3 AI INDEX: POL 30/2847/2020 LIST OF ABBREVIATIONS CAT Committee against Torture CEDAW Convention on the Elimination of All Forms of Discrimination against Women CEDAW Committee Committee on the Elimination of All Forms of Discrimination against Women CESCR Committee Committee on Economic, Social and Cultural Rights CRC Convention on the Rights of the Child CRC Committee Committee on the Rights of the Child CRPD Convention on the Rights of Persons with Disabilities CRPD Committee Committee on the Rights of Persons with Disabilities CSE Comprehensive sexuality education FIGO International Federation of Gynecology and Obstetrics HRC Human Rights Committee ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights LGBTI people Lesbian, gay, bisexual, transgender and intersex people SRH Sexual and reproductive health STI Sexually transmitted infection UDHR Universal Declaration of Human Rights WHO World Health Organization 4 AI INDEX: POL 30/2847/2020 GLOSSARY DESCRIPTION ABORTION/ Abortion is the induced or spontaneous termination of pregnancy. For the MISCARRIAGE purposes of this policy, the term abortion will refer to the induced termination of pregnancy through medical (using abortion medication) or surgical methods, and the term miscarriage will refer to the spontaneous termination of pregnancy. ABORTION LAWS AND Abortion laws and policies are specific laws and policies put in place to POLICIES regulate access to and/or provision of abortion services. In most countries, abortion laws and policies involve restrictions on abortion. However, there are some countries where abortion is available without specific regulation and managed as any other health service. ABORTION METHODS There are two primary methods of safe abortion: Medical abortion, where medication is used to end a pregnancy, and surgical abortion, which involves a medical procedure performed by a trained professional under sanitary conditions. The World Health Organization (WHO) recommends that women and pregnant people have a choice of abortion methods to respond to their specific needs. (For more information, see Text box 3 below.) ABORTION MYTHS Abortion myths refer to biased views and incorrect and/or misleading information on abortion, which are often spread to discourage pregnant people from seeking abortion-related services and evidence-based information. States have an obligation to address abortion-related stigma and provide evidence-based, non-biased abortion-related information. ABORTION PILL The abortion pill or abortion medication is in fact two medicines. The first medicine ends the pregnancy and is named mifepristone. It works by blocking the hormone progesterone. Without progesterone, the lining of the uterus breaks down and the pregnancy cannot continue. The second medicine, misoprostol, makes the womb contract, causing cramping, bleeding and the loss of the pregnancy similar to a miscarriage. The WHO’s Model List of Essential Medicines includes both misoprostol and mifepristone, which human rights bodies have recognized states are obligated to ensure. ABORTION-RELATED Abortion-related stigma results from applying negative stereotypes to people STIGMA involved in seeking, obtaining, providing or supporting abortion. Abortion is often stigmatized because it can challenge a number of social, cultural or religious norms and values. Beliefs and social norms underpinned by gender stereotypes that reduce women to reproductive and social roles of mothers and deny a woman’s right to express her sexuality, alongside attribution of human rights to the foetus, are directly linked to abortion-related stigma. Abortion-related stigma can underlie and perpetuate myths around abortion, and lead to shame, bullying, harassment, and physical and mental harm to individuals who undergo abortion, their families and friends who support them, and those who provide abortion services. States have an obligation to combat misinformation around abortion and to address abortion-related stigma, which are key barriers preventing pregnant people from having timely access to safe and high-quality health care. ABORTION SERVICES Abortion services may include provision of medical or surgical abortions, post-abortion care, post-abortion contraception, as well as evidence-based abortion-related information and non-directive counselling about pregnancy options. AUTHORIZATION BY A The requirement for a woman, girl or pregnant person to obtain authorization SPOUSE, PARENT OR from a husband/parent, medical provider or judge to access an abortion. 5 AI INDEX: POL 30/2847/2020 DESCRIPTION ANOTHER THIRD Third-party authorization requirements to obtain an abortion have been PARTY
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