A CONTRADICTION BETWEEN THE ILLEGALITY OFABORTION UNDER THE NIGERIAN LAWS AND THE REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN NIGERIA: AN ANALYSIS

Abstract

Abortion is and remains illegal in Nigeria, except when performed to save the life of the pregnant woman. Abortion is outlawed in the various states in Nigeria, with a minimum penalty of Fourteen (14) years imprisonment for Doctors who conduct abortions and Seven (7) years imprisonment for women who obtains abortion. Despite the fact that abortion is illegal, many women in Nigeria have it performed clandestinely, with potentially hazardous outcomes. Reproductive rights are a category of human rights that includes the freedom to make free and informed decisions about reproduction and sexual health. The International Commission on Population and Development recognized women's reproductive and sexual health rights as critical to their overall health. The Convention on the Elimination of All Forms of Discrimination Against Women contains several articles that serve as the foundation for these rights. These rights include the freedom to choose how many children to have and how far apart to have them, the right to privacy, and the right to be free from prejudice. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was ratified by Nigeria in 1985 and since then has formed part of our body of laws. This article examined the textual framework of women's rights to sexual and reproductive health, as reflected in this and other international human rights instruments and contended that right to abortion is covered in rights to autonomy and privacy in making sexual and reproductive decisions. The paper concluded that criminalization of abortion in Nigeria is criminalization of Sexual Reproductive Rights of Women and this runs contrary to the obligations demanded from Nigeria having signed and ratified several international instruments and convention on protection of women's right. It recommended the review of the watertight criminalization of abortion laws in Nigeria with the view of saving the lives of so many young women who pay the ultimate price while clandestinely obtaining abortion.