Abstract:
In LC v Peru, the Committee on the Elimination of Discrimination against Women
held that Peru was in breach of its obligations under the Convention on the
Elimination of All Forms of Discrimination against Women when it denied a 13
year old girl emergency surgery as well as an abortion. This commentary discusses
the human rights significance of LC v Peru, especially in relation to the advancement
of abortion jurisprudence in the African region. It is submitted that LC v Peru makes
an important contribution towards the development of abortion laws that are transparent
and accountable to women, as well as responsive to equal protection under
the law. The duty of states to operationalize LC v Peru in their domestic law is an
innovative juridical resource for reforming abortion laws. This is particularly so in
those regions, including the African region, where the continued criminalization
of abortion serves as a significant incentive for unsafe, illegal abortion.
