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Title Abortion law in Ethiopia: a comparative perspective
Full text http://ajol.info/index.php/mlr/article/view/55618
Date 2010
Author(s) T Wada
Abstract Induced abortion or the deliberate termination of pregnancy is one of the most controversial issues in legal discourse. As a legal issue, abortion is usually discussed in light of the principles of criminal law. Depending on circumstances, however, abortion can also be discussed from the standpoint of constitutional law. In the former case, the issue usually takes the form of criminalizing or decriminalizing the act, while in the latter, the issue becomes whether a pregnant woman has a constitutional right to terminate her pregnancy. The issue thus usually involves the competing arguments in favour of the "right" of the fetus to be brought onto life (i.e. personhood) vis-à-vis the right of the mother to abortion based on her interests and choice. Although many factors have contributed to the debate, it appears that religious outlooks permeate the controversy pertaining to criminalizing and decriminalizing abortion. Major religions still hold that abortion is the deliberate taking away of life and, therefore, not condoned under any circumstance. On the other side of the spectrum, advocates of women's rights, argue that when the interests of the fetus comes into conflict with the rights of the pregnant woman, the latter should take precedence and it is the woman's decision that should count in the end. The issue whether a fetus has a life of its own that is worthy of protection under the law, is found to be another issue of contention. Some argue that a fetus has no life of its own for some weeks while others contend that life starts from the very moment of the union of the sperm and the egg, which according to this view is a scientific truth. One of the major aspects of the debate on abortion is the mindset of these perspectives of thought influenced by different values. Abortion is an issue, which affects every country in the globe. In countries that have decriminalized abortion, women are spared of the dire consequences of illegal abortion. In many other countries wherein abortion is a criminal act, however, illegal abortion is the major cause of maternal mortality and other serious health problems, as is to be discussed at a later stage.
Language en
Publisher Faculty of Law - St Mary's University College
Type of publication Peer-reviewed Article
Format application/pdf
Source Mizan Law Review; Vol 2, No 1 (2008)
Rights St. Mary's University College (Ethiopia) owns copyright for publication, hardcopy reprinting and online uploading. But authors can use (e.g. republish) their submissions with acknowledgment of its publication in Mizan
Repository Africa - African Journals OnLine (AJOL)
Added to C-A: 2010-08-26;09:03:11