The Right to Abortion in International Human Rights Law

ABSTRACT: This article demonstrates there is a right to abortion in international human rights law. Using systematic analysis of documents from international human rights bodies, it shows that, through a constellation of rights, international human rights law recognizes a right to abortion. It establishes that (i) criminal regulation of abortion results in serious violations of human rights; (ii) making abortion available on request is the optimal approach to rights-compliant regulation; (iii) states are obliged to remove barriers to abortion access in law and in practice; and (iv) the right to abortion requires both individual and general remedies for denials of access.

Authors

Publication Details

Journal
Human Rights Quarterly
Published
2026-10-22
DOI
https://doi.org/10.1353/hrq.2026.a1003956
Primary Topic
International Human Rights and Reproductive Law
Type
article
Field-Weighted Citation Impact
0.00
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article

The Right to Abortion in International Human Rights Law

Jaime M. Gher, Christina Zampas, Fiona de Londras
Human Rights Quarterly
International Human Rights and Reproductive Law
article

The Right to Abortion in International Human Rights Law

Jaime M. Gher, Christina Zampas, Fiona de Londras
article en

Abstract

ABSTRACT: This article demonstrates there is a right to abortion in international human rights law. Using systematic analysis of documents from international human rights bodies, it shows that, through a constellation of rights, international human rights law recognizes a right to abortion. It establishes that (i) criminal regulation of abortion results in serious violations of human rights; (ii) making abortion available on request is the optimal approach to rights-compliant regulation; (iii) states are obliged to remove barriers to abortion access in law and in practice; and (iv) the right to abortion requires both individual and general remedies for denials of access.

Human Rights QuarterlyVol. 48(4)
Openalex Percentile: Top 3%
International Human Rights and Reproductive Law
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