Human rights from humanitarian perspectives: an international comparative appraisal of state laws on and practice of abortion and sterilization as means of family planning

Abstract

The study describes and analyses the evolution and establishment of family planning as an internationally recognized aspect of human rights both at the level of customary social state practices and as a response to international promotion through the United Nations and agencies. This dialectical relations in legal norm creation and practice at international and municipal levels is then looked at specifically with regard to the use of abortion and sterilization as methods of family planning for humanitarian reasons. The countries whose practice and legal provisions are analysed are chosen on the basis of different religious, political ideology, and levels of technological advance. The result indicates that anyone of these variables is not conclusive in determining the official adoption and practice of abortion or sterilization. The study generally puts a case for more liberal and efficient use of abortion and sterilization as methods of family planning on humanitarian, but not on reductionist abstract population policy grounds. Most of the information analysed was collected by the author while acting as principal investigator for the United Nations Fund for Population Activities' project which was published in 1979 under the title; Survey of Laws on Fertility Control.