Criminalisation of Abortion as an Infringement of Women’s Reproductive Rights and Procreative Liberty in Nigeria

Abstract

The criminalisation of abortion has created a lot of controversy and legal debates in Nigeria. This is because under the Nigerian Criminal laws, termination of pregnancy at any stage is regarded as a criminal offence except when such termination is done to preserve the mother’s life. The position of Nigerian criminal laws appears to be contrary to the principles of reproductive rights procreative liberty globally. This paper examined criminalisation of abortion as an infringement of women’s reproductive rights and procreative liberty in Nigeria. This examination is done with a view to ascertain if the Nigerian laws on abortion recognises contemporary notion of human rights, reproductive rights and procreative liberty globally.  The doctrinal and conceptual method of research was adopted in this discourse and reference was made to several textbooks, journals and online materials. Findings are that the Nigerian laws on abortion do not recognise contemporary notion of human rights, reproductive rights and procreative liberty of women. It was recommended amongst others that there is dire need for an immediate repeal of our criminal laws on abortion, the need for government to adopt policies that protects women’s reproductive health and rights and finally the dire need for a proactive judiciary.

 

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