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A right-based approach to self-managed abortion in Nigeria

Mini Dissertation (LLM (Sexual and Reproductive Rights in Africa))--University of Pretoria, 2024.

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Other Authors: Durojaye, Ebenezer
Format: Thesis
Language:English
Published: University of Pretoria 2024
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access_status_str Open Access
author2 Durojaye, Ebenezer
author_browse Durojaye, Ebenezer
author_facet Durojaye, Ebenezer
collection Thesis
dc_rights_str_mv © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM (Sexual and Reproductive Rights in Africa))--University of Pretoria, 2024.
format Thesis
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:39:45.040Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2024
publishDateRange 2024
publishDateSort 2024
publisher University of Pretoria
publisherStr University of Pretoria
record_format dspace
source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/99125 A right-based approach to self-managed abortion in Nigeria Durojaye, Ebenezer chukwumangozichukwu@gmail.com Chukwuma, Ngozichukwu UCTD Rights-based approach to reproductive care Restrictive abortion laws Self-managed abortion (SMA) Human rights standards Sustainable Development Goals (SDGs) SDG-03: Good health and well-being Law theses SDG-03 SDG-05: Gender equality Law theses SDG-05 SDG-10: Reduced inequalities Law theses SDG-10 Mini Dissertation (LLM (Sexual and Reproductive Rights in Africa))--University of Pretoria, 2024. In Nigeria, the intersection of restrictive abortion laws, socio-cultural barriers, and inadequate healthcare services has significantly hindered women's access to safe and legal abortion, leading many to resort to self-managed abortion (SMA). This research critically examines self-managed abortion through a rights-based approach, highlighting the urgent need to align Nigeria's legal and policy frameworks with international and regional human rights standards. The study explores how existing legal provisions in Nigeria, such as the Criminal Code and Penal Code, criminalise abortion except under limited circumstances, violating women's rights to autonomy, privacy, and the highest attainable standard of health. It further analyses the socio-cultural factors, including stigma, gender inequality, and religious beliefs, that perpetuate harmful practices and restrict women's access to safe abortion services. Through a comprehensive review of international human rights instruments, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples' Rights, the research emphasises the principles of self-determination, dignity, non-discrimination, freedom from torture, cruel, inhumane or degrading treatment and health as fundamental to women's reproductive rights. The study also draws on lessons from other African jurisdictions, particularly Kenya, to propose a progressive legal and policy framework that supports self-managed abortion in Nigeria. The research concludes with recommendations for legislative reform, increased public awareness, and the integration of SMA into Nigeria's healthcare system. It advocates for a shift from punitive approaches to supportive measures that respect women's autonomy and promote safe reproductive health practices, thereby advancing reproductive rights and health equity in Nigeria. This work is essential for legal, ethical, and policy discourses on reproductive rights in Nigeria, contributing to the broader struggle for gender equality and women's empowerment. Centre for Human Rights LLM (Sexual and Reproductive Rights in Africa) Unrestricted Faculty of Laws 2024-11-18T11:59:07Z 2024-11-18T11:59:07Z 2024-12 2024-08 Mini Dissertation * D2024 http://hdl.handle.net/2263/99125 Disclaimer Letter en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Rights-based approach to reproductive care
Restrictive abortion laws
Self-managed abortion (SMA)
Human rights standards
Sustainable Development Goals (SDGs)
SDG-03: Good health and well-being
Law theses SDG-03
SDG-05: Gender equality
Law theses SDG-05
SDG-10: Reduced inequalities
Law theses SDG-10
A right-based approach to self-managed abortion in Nigeria
title A right-based approach to self-managed abortion in Nigeria
title_full A right-based approach to self-managed abortion in Nigeria
title_fullStr A right-based approach to self-managed abortion in Nigeria
title_full_unstemmed A right-based approach to self-managed abortion in Nigeria
title_short A right-based approach to self-managed abortion in Nigeria
title_sort right based approach to self managed abortion in nigeria
topic UCTD
Rights-based approach to reproductive care
Restrictive abortion laws
Self-managed abortion (SMA)
Human rights standards
Sustainable Development Goals (SDGs)
SDG-03: Good health and well-being
Law theses SDG-03
SDG-05: Gender equality
Law theses SDG-05
SDG-10: Reduced inequalities
Law theses SDG-10
url http://hdl.handle.net/2263/99125