International Human Rights Law and Women’s Access to Abortion

Abstract Can international law protect abortion rights? Drawing from past work on domestic mechanisms that give international law teeth, we argue that a strong civil society composed of women's groups and groups concerned with women's rights leads the government to comply with its international human rights commitments to women, specifically their right to abortion. Unlike that past work, though, we draw attention to the ways in which civil society can leverage the depth of their government's international legal commitment. Highly legalized commitments—those characterized by higher obligation, precision, and delegation—should help groups mobilize and give them access to international legal forums that can credibly threaten the government. Based on this argument, we expect countries that have ratified the Convention on the Elimination of Discrimination against Women's Optional Protocol, a highly legalized treaty, to protect women's rights to abortion when women's civil society participation is high. Estimating several statistical models to test our expectations, the results lend credence to the argument. Highly legalized commitments allow civil society actors to hold governments accountable to those commitments leading to more liberalized abortion rights protections.

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Publication Details

Journal
International Studies Quarterly
Published
2025-03-17
DOI
https://doi.org/10.1093/isq/sqaf028
Primary Topic
International Human Rights and Reproductive Law
Type
article
Field-Weighted Citation Impact
0.00
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article

International Human Rights Law and Women’s Access to Abortion

Ryan M. Welch, Amelia Gaudio
International Studies Quarterly
International Human Rights and Reproductive Law
article

International Human Rights Law and Women’s Access to Abortion

Ryan M. Welch, Amelia Gaudio
article en

Abstract

Abstract Can international law protect abortion rights? Drawing from past work on domestic mechanisms that give international law teeth, we argue that a strong civil society composed of women's groups and groups concerned with women's rights leads the government to comply with its international human rights commitments to women, specifically their right to abortion. Unlike that past work, though, we draw attention to the ways in which civil society can leverage the depth of their government's international legal commitment. Highly legalized commitments—those characterized by higher obligation, precision, and delegation—should help groups mobilize and give them access to international legal forums that can credibly threaten the government. Based on this argument, we expect countries that have ratified the Convention on the Elimination of Discrimination against Women's Optional Protocol, a highly legalized treaty, to protect women's rights to abortion when women's civil society participation is high. Estimating several statistical models to test our expectations, the results lend credence to the argument. Highly legalized commitments allow civil society actors to hold governments accountable to those commitments leading to more liberalized abortion rights protections.

International Studies QuarterlyVol. 69(2)
University of South Florida (US), University of Tampa (US)
Openalex Percentile: Top 92%
International Human Rights and Reproductive Law
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