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Chile
10.08.17
Reports

Amicus Curiae to the Constitutional Court regarding the absolute prohibition of abortion

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Our amicus curiae addresses the connection between torture and cruel, inhuman, and degrading treatment (CIDT) and the prohibition of abortion based on international human rights law. International human rights instruments and authoritative interpretations thereof by United Nations (UN) expert bodies and regional courts recognize that women and girls have a right to decide independently about reproduction including abortion. Where access to safe and legal abortion is restricted a number of human rights may be at risk first and foremost the right to privacy, liberty and the right to health. A blanket ban not allowing for abortion in case of rape or incest, when the woman’s life or health are at risk, or the fetus is unviable, may give rise to situations that constitute torture or CIDT. We submit that international human rights standards, in particular the absolute prohibition of torture and CIDT, should inform the interpretation of Chile’s abortion regulation.

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