2 INTEGRATING REPRODUCTIVE RIGHTS INTO THE WORK OF NATIONAL HUMAN RIGHTS INSTITUTIONS OF THE ASIA PACIFIC REGION Issues and controversies: Abortion Abortion is one of the most polarising and contested reproductive rights issues in international human rights law. However, no practice-based discussion of reproductive rights would be complete without considering whether any right to abortion exists in international human rights law and, if so, the extent of that right. International human rights law has not traditionally engaged with abortion in depth. The ICPD Program of Action explicitly reserves abortion as falling within the State’s national domain: ‘Any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process.’4 Inter alia, the ICPD Program of Action provides with respect to abortion that: In no case should abortion be promoted as a method of family planning. All Governments and relevant intergovernmental and non-governmental organizations are urged to strengthen their commitment to women’s health, to deal with the health impact of unsafe abortion as a major public health concern and to reduce the recourse to abortion through expanded and improved family planning services. Prevention of unwanted pregnancies must always be given the highest priority and all attempts should be made to eliminate the need for abortion. Women who have unwanted pregnancies should have ready access to reliable information and compassionate counselling. Any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process. In circumstances in which abortion is not against the law, such abortion should be safe. In all cases women should have access to quality services for the management of complications arising from abortion. Postabortion counselling, education and family planning services should be offered promptly which will also help to avoid repeat abortions.5 Unsafe abortion is defined as a procedure for terminating an unwanted pregnancy either by persons lacking necessary skills or in an environment lacking the minimal medical standards or both.6 The Fourth World Conference on Women reaffirmed the ICPD agreement and in addition recommended that countries “consider reviewing laws containing punitive measures against women who have undergone illegal abortions.”7 Coerced abortion is explicitly recognized as a violation of basic rights and principles. The position of the UNFPA is in line with these international soft law instruments. Beyond this, a useful framework for understanding the extent of any right to abortion is to distinguish the different contexts in which abortion may be sought: because of threat to the woman’s life or health; in situations of rape, incest or foetal impairment; on the basis of social or economic reasons; and abortion on request. There is some limited recognition in international human rights law of a right to abortion in cases of threat to life or health, and in situations of rape, incest or foetal impairment. 4 Ibid. at para. 8.25. 5 Ibid. World Health Organization, The Prevention and Management of Unsafe Abortion, Report of a Technical Working Group, Geneva, 12-15 April 1992, UN Doc. WHO/MSM/92.5 6 United Nations, Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995, UN Doc. A/CONF.177/20/Rev.1 (1996). 7