CEDAW says Peru must remove barriers to abortion in certain circumstances

Oct 15, 2011

In its groundbreaking decision in L.C. v. Peru in 2011, CEDAW held that Peru had violated the Convention on the Elimination of all forms of Discrimination against Women (CEDAW Convention).

The case, which was brought by the Center for Reproductive Rights and PROMSEX, concerned a young girl who became pregnant following sexual abuse and who suffered serious physical harm and paraplegia after a subsequent suicide attempt.

In order to protect her health and enable her to obtain necessary surgery and other medical treatment, a therapeutic abortion was indicated.

However, hospital officials refused to sanction the procedure despite the fact that abortion is permitted in Peru when necessary to protect the health and life of the mother.

No timely and effective procedure was in place to enable the girl or her family to challenge this decision before an independent authority.

At the request of the applicants the ICJ submitted an Expert Legal Opinion to the Committee.

The ICJ brief addressed the nature of the obligation to take steps to guarantee the enjoyment of rights in practice and highlighted the emerging consensus among international authorities that States must put in place effective processes by which women and girls can vindicate their right to an abortion in cases where their health or lives are at stake or where abortion is otherwise legal in State.

In its views the Committee found that violations of the CEDAW Convention had occurred and among other things considered that Peru must establish effective mechanisms to enable women to have access in practice to those abortion services in cases where their health or lives are at stake or where abortion is otherwise legal in State.

Steps by Peru to consider the decision and take effective measures to address the violations identified are now vital. Until such measures are taken, including through making reparation to the individual victim and taking steps to guarantee non-repetition, the violations identified will likely continue.

Peru-Legal Opinion ICJ LC v. Peru-legal submission-2011 (full text in PDF)

For a copy of CEDAW views click here

Maternal mortality: CEDAW holds Brazil accountable

Aug 15, 2011

In a seminal decision in Alyne da Silva Pimentel v. Brazil, CEDAW held that Brazil had violated the Convention on the Elimination of all forms of Discrimination against Women.

Brazil failed to provide requisite care to a woman who died as a result of obstetric complications. The case is the first maternal death case to be decided by an international human rights body.

The case, which was brought by the Center for Reproductive Rights and Citizens’ Advocacy for Human Rights (ADVOCACI), concerned the death of an afro Brazilian woman from pregnancy related complications following inadequate and poor quality medical treatment.

At the request of the applicants the ICJ submitted an Expert Legal Opinion to the Committee.

The ICJ brief concerned the equal rights of women to the enjoyment of the right to the highest attainable standard of health and to an effective remedy.

Brazil-Legal Opinion ICJ Case of Alyne da Silva Pimentel-legal submission-2011

For a copy of CEDAW views click here