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An analysis of the concept of the right to choose in relation to abortion in Nigeria: A case study of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

The right to choose provision under Article 16(1) (e) of the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) has been interpreted to mean an abortion right for all women all over the world by Recommendation 24 of CEDAW Committee. Although this Convention is yet to...

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Main Author: Olatokun, Ganiat Mobolaji
Format: Thesis
Language:English
English
Published: 2014
Subjects:
HQ The Family. Marriage. Woman
K Law (General)
Online Access:https://etd.uum.edu.my/4406/1/s93487.pdf
https://etd.uum.edu.my/4406/7/s93487_abstract.pdf
https://etd.uum.edu.my/4406/
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spelling my.uum.etd.44062022-10-06T01:58:52Z https://etd.uum.edu.my/4406/ An analysis of the concept of the right to choose in relation to abortion in Nigeria: A case study of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Olatokun, Ganiat Mobolaji HQ The Family. Marriage. Woman K Law (General) The right to choose provision under Article 16(1) (e) of the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) has been interpreted to mean an abortion right for all women all over the world by Recommendation 24 of CEDAW Committee. Although this Convention is yet to be domesticated in Nigeria, there is a Reproductive Right Bill, passed in 2005 by a State’s House of Assembly, purporting to make abortion legal in the state. It is the contention of this study that abortion right interpretation of the right to choose under CEDAW cannot be sustained in Nigeria bearing in mind that Nigeria has the second highest maternal death rate in the whole world as a result of abortion. Aside from this, the abortion right interpretation of the right to choose under CEDAW is inconsistent with other International Human Rights Instruments with provisions recognizing the right to life of the foetus. The interpretation is also capable of undermining and under-estimating the criminal laws of Nigeria. Despite the fact that Nigerians are in dire need of CEDAW, it is doubtful if the Government of Nigeria will domesticate CEDAW if the abortion right interpretation is upheld. In order to solve these problems, a socio-legal research went underway consisting of a conceptual analysis showcasing the fact that the right to choose under CEDAW represents the right women have to reproduce and not the right to abort. This belief has been found to have a concrete foundation in the Constitution of the Federal Republic of Nigeria and the International Human Rights Instruments. In order to support this conceptual analysis, a case study was carried out within eight (8) states of the Federation of Nigeria. The results, which were influenced by culture, health and religion, reveal that the sanctity of human life, whether born or unborn, is very paramount. Hence, the significance of these results lies in the fact that the right to reproduce interpretation of the right to choose under CEDAW becomes an integral part of future reproductive right policy in Nigeria. 2014 Thesis NonPeerReviewed text en https://etd.uum.edu.my/4406/1/s93487.pdf text en https://etd.uum.edu.my/4406/7/s93487_abstract.pdf Olatokun, Ganiat Mobolaji (2014) An analysis of the concept of the right to choose in relation to abortion in Nigeria: A case study of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). PhD. thesis, Universiti Utara Malaysia.
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Electronic Theses
url_provider http://etd.uum.edu.my/
language English
English
topic HQ The Family. Marriage. Woman
K Law (General)
spellingShingle HQ The Family. Marriage. Woman
K Law (General)
Olatokun, Ganiat Mobolaji
An analysis of the concept of the right to choose in relation to abortion in Nigeria: A case study of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
description The right to choose provision under Article 16(1) (e) of the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) has been interpreted to mean an abortion right for all women all over the world by Recommendation 24 of CEDAW Committee. Although this Convention is yet to be domesticated in Nigeria, there is a Reproductive Right Bill, passed in 2005 by a State’s House of Assembly, purporting to make abortion legal in the state. It is the contention of this study that abortion right interpretation of the right to choose under CEDAW cannot be sustained in Nigeria bearing in mind that Nigeria has the second highest maternal death rate in the whole world as a result of abortion. Aside from this, the abortion right interpretation of the right to choose under CEDAW is inconsistent with other International Human Rights Instruments with provisions recognizing the right to life of the foetus. The interpretation is also capable of undermining and under-estimating the criminal laws of Nigeria. Despite the fact that Nigerians are in dire need of CEDAW, it is doubtful if the Government of Nigeria will domesticate CEDAW if the abortion right interpretation is upheld. In order to solve these problems, a socio-legal research went underway consisting of a conceptual analysis showcasing the fact that the right to choose under CEDAW represents the right women have to reproduce and not the right to abort. This belief has been found to have a concrete foundation in the Constitution of the Federal Republic of Nigeria and the International Human Rights Instruments. In order to support this conceptual analysis, a case study was carried out within eight (8) states of the Federation of Nigeria. The results, which were influenced by culture, health and religion, reveal that the sanctity of human life, whether born or unborn, is very paramount. Hence, the significance of these results lies in the fact that the right to reproduce interpretation of the right to choose under CEDAW becomes an integral part of future reproductive right policy in Nigeria.
format Thesis
author Olatokun, Ganiat Mobolaji
author_facet Olatokun, Ganiat Mobolaji
author_sort Olatokun, Ganiat Mobolaji
title An analysis of the concept of the right to choose in relation to abortion in Nigeria: A case study of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
title_short An analysis of the concept of the right to choose in relation to abortion in Nigeria: A case study of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
title_full An analysis of the concept of the right to choose in relation to abortion in Nigeria: A case study of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
title_fullStr An analysis of the concept of the right to choose in relation to abortion in Nigeria: A case study of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
title_full_unstemmed An analysis of the concept of the right to choose in relation to abortion in Nigeria: A case study of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
title_sort analysis of the concept of the right to choose in relation to abortion in nigeria: a case study of the convention on the elimination of all forms of discrimination against women (cedaw)
publishDate 2014
url https://etd.uum.edu.my/4406/1/s93487.pdf
https://etd.uum.edu.my/4406/7/s93487_abstract.pdf
https://etd.uum.edu.my/4406/
_version_ 1746212425666920448
score 13.211869

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