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control. This can include punitive provisions in criminal, civil and administrative laws and
regulations governing extramarital consensual sex, same-sex consensual adult relations,
gender non-conforming expressions, provision of reproductive and sexual education and
information, termination of pregnancy and prostitution/sex work. The enforcement of such
provisions generates stigma and discrimination and violates women’s human rights. It
infringes women’s dignity and bodily integrity by restricting their autonomy to make
decisions about their own lives and health.
77.
States also violate women’s right to health and safety where women are penalized
for sexual or reproductive conduct that should not be criminally prohibited, such as
adultery, prostitution or termination of pregnancy; States also violate the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment where
they impose penalties such as stoning and lashing.
78.
Criminalization of behaviour that is attributed only to women is discriminatory per
se and generates and perpetuates stigma. The threat of criminal punishment restricts
women’s access to sexual and reproductive health-care services and information and acts as
a deterrent to health-care professionals, thus barring women’s and girls’ access to healthcare services.
Criminalizing and restricting the provision of and access to safe, legal services for
termination of pregnancy
79.
Criminalization of termination of pregnancy is one of the most damaging ways of
instrumentalizing and politicizing women’s bodies and lives, subjecting them to risks to
their lives or health in order to preserve their function as reproductive agents and depriving
them of autonomy in decision-making about their own bodies. Restrictive laws apply to 40
per cent of women worldwide. In some countries, as a result of retrogressive anti-abortion
laws, women are imprisoned for having had a miscarriage, imposing an intolerable cost on
the women, their families and their societies.
80.
As demonstrated by WHO data, criminalizing termination of pregnancy does not
reduce the need for it. Rather, it is likely to increase the number of women seeking
clandestine and unsafe solutions. Countries in Northern Europe, where women gained the
right to termination of pregnancy in the 1970s or 1980s and are provided with access to
information and to all methods of contraception, have the lowest rates of termination of
pregnancy. Ultimately, criminalization does grave harm to women’s health and human
rights by stigmatizing a safe and needed medical procedure. In countries where induced
termination of pregnancy is restricted by law and/or otherwise unavailable, safe termination
of pregnancy is a privilege of the rich, while women with limited resources have little
choice but to resort to unsafe providers and practices. This results in severe discrimination
against economically disadvantaged women, which the Working Group has highlighted
during its country visits.
81.
It is important to recall that the use of effective contraception can result in lowering
the incidence of unintended pregnancy. However, contraception cannot eliminate women’s
need for access to termination of pregnancy, for example in the case of rape. In addition, no
method of contraception is 100 per cent effective in preventing pregnancy.
82.
In addition, restrictions on access to information on termination of pregnancy and
services can deter women from seeking professional medical attention, with detrimental
consequences for their health and safety. Examples of restrictions include criminalization of
medical practitioners who provide these services; prohibiting access to information on legal
termination of pregnancy; requiring third-party authorization from one or more medical
professionals, a hospital committee, a parent, guardian or spouse; conscientious objection
by health practitioners without provision of an alternative; requiring compulsory waiting
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