opinions that the revision of the law must become first because it is difficult to provide
systemized support due to lack of legal basis.
C) Safe Abortion for Women and Guarantee of Sexual and Reproductive Rights
Today, women's termination of pregnancy is considered in terms of ‘sexual and
reproductive health and rights’ (hereinafter referred to as SRHR), along with the ‘right to
self-determination.’ SRHR means that everyone has the right to self-determination
regarding their body and sexuality, and the right to be guaranteed of physical, mental and
social well-being during all related processes (pregnancy, childbirth, child rearing,
contraception, termination of pregnancy, etc.), without violence, coercion, discrimination or
stigma.
Article 12 of the UN Covenant on Economic, Social and Cultural Rights recognizes “the
right of everyone to the enjoyment of the highest attainable standard of physical and mental
health.” The UN Committee on Economic, Social and Cultural Rights, in its General
Comments No. 14 (2000) and No. 22 (2016), stated that the above provisions impose a direct
obligation on States to ensure that everyone enjoys and guarantees the right to sexual and
reproductive health. WHO's ‘Abortion Safe Guideline’ (March 2022) recommends
removing unnecessary policy obstacles to ensure complete decriminalization of abortion and
access to safe abortion.
Although there are institutional differences from country to country, the trend worldwide
is to ensure safe termination of pregnancy as an essential element for guaranteeing women's
right to self-determination and SRHR. Since 1994, 58 countries have eased or
decriminalized abortion restrictions,112) and countries around the world, such as Canada, the
UK, and France, are taking measures to ease the prescription requirements of abortion pills
out of concern about reduced access to abortion amid the COVID-19 epidemic.113)
It is also argued that the right to life of the fetus should be protected against a woman's
112) Center for reproductive rights, “Global Trends: Abortion Rights”, 2022. 9. 14.
113) Center for Sexual Rights and Reproductive Justice SHARE, “Changing the international standards for safe abortion:
Complete decriminalization and expanded access to abortion pills,” Apr. 4, 2022.
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