Sex-Selective Abortion and the Problem of Discrimination

The United Nations estimates that there are currently 140 million ‘missing women’ worldwide, a phenomenon largely attributed to the cultural ‘son preference’. This issue, often referred to by commentators and scholars as ‘gendercide’, raises significant moral and legal questions. The discourse surrounding the appropriate measures to address this issue presents intricate dilemmas. On the one hand, sex-selective abortion predominantly eliminates female fetuses, which should be a grave concern for advocates of women’s rights. On the other hand, imposing restrictions on this practice risks limiting access to abortion more broadly, undermining key justifications for its legality. This Article offers a comprehensive global analysis of the issue, examining three primary approaches: banning sex-selective abortion while allowing abortion in general, refusing to ban any form of abortion, and viewing all abortions as unacceptable. The analysis is conducted primarily from the perspective of logical consistency, comparing the underlying rationales of these positions and critically evaluating them. Furthermore, the Article explores the concept of replacing biological humanity with the notion of personhood and discusses the principle of non-discrimination as understood in international human rights law.