A right-based approach to self-managed abortion in Nigeria

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.