Abstract:
In Nigeria, the intersection of restrictive abortion laws, socio-cultural barriers, and
inadequate healthcare services has significantly hindered women's access to safe and
legal abortion, leading many to resort to self-managed abortion (SMA). This research
critically examines self-managed abortion through a rights-based approach, highlighting
the urgent need to align Nigeria's legal and policy frameworks with international and
regional human rights standards.
The study explores how existing legal provisions in Nigeria, such as the Criminal Code
and Penal Code, criminalise abortion except under limited circumstances, violating
women's rights to autonomy, privacy, and the highest attainable standard of health. It
further analyses the socio-cultural factors, including stigma, gender inequality, and
religious beliefs, that perpetuate harmful practices and restrict women's access to safe
abortion services.
Through a comprehensive review of international human rights instruments, such as the
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
and the African Charter on Human and Peoples' Rights, the research emphasises the
principles of self-determination, dignity, non-discrimination, freedom from torture, cruel,
inhumane or degrading treatment and health as fundamental to women's reproductive
rights. The study also draws on lessons from other African jurisdictions, particularly
Kenya, to propose a progressive legal and policy framework that supports self-managed
abortion in Nigeria.
The research concludes with recommendations for legislative reform, increased public
awareness, and the integration of SMA into Nigeria's healthcare system. It advocates for
a shift from punitive approaches to supportive measures that respect women's
autonomy and promote safe reproductive health practices, thereby advancing
reproductive rights and health equity in Nigeria.
This work is essential for legal, ethical, and policy discourses on reproductive rights in
Nigeria, contributing to the broader struggle for gender equality and women's
empowerment.
