1 of a 3-part blog series from the Asia-Pacific region for the 16 Days of Activism Against Gender Violence

In July 2015, an Indian High Court denied a 14 year-old rape survivor from Gujarat, the right to terminate her pregnancy at 24 weeks. She had to later appeal to the Supreme Court to win her case. In October 2015, two Somali refugee women in Nauru island (under Australia’s off shore asylum policy) sought to terminate their pregnancies in Australia. Pregnant as a result of being raped in the refugee camp, they were denied abortion services by the Australian government. In 2012, a 26 year-old rape survivor in Turkey who wanted to terminate her 29-week pregnancy was denied. These cases are just the tip of the iceberg. Throughout the world, hundreds of thousands of cases of sexual assault and related pregnancies go unreported. Equally disconcerting is the fact that there is little effort to address the insurmountable odds that women in these dire situations face while accessing abortion services.

Sexual violence and abortion rights are deeply interconnected issues. For one, they both stem from patriarchal notions of controlling women’s bodies and reproductive systems. The considerable societal stigma associated with both issues force women to: a) not report sexual assault cases and b) seek clandestine unsafe abortions.

Acknowledging rape and incest as grounds for abortion is a basic minimum standard that has been widely recognized by most UN human rights treaty bodies. The UN Women’s Convention (CEDAW) in particular has repeatedly urged State Parties to amend their laws in line with this standard. They have recommended States to “adopt medical standards and provide for implementation mechanisms establishing that rape and incest constitute grounds for abortion.” The WHO in its safe abortion guidelines has clarified, “The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services.” Despite these assertions, only 51% of countries in the world explicitly permit abortion on the grounds of rape and incest. And amongst these countries some require forensic evidence, or police reports, before women can undergo an abortion. The procedural delays and blocks faced by victims of sexual violence in registering their case with law enforcement or getting speedy and appropriate medical examination & help, and getting legal justice in their cases is all too well known.

Every country has a responsibility to ensure that survivors are not doubly violated. Safeguarding women’s right to abortion in cases of sexual violence must be a basic minimum standard of reproductive care. Systems need to be put in place so that survivors get expedient services. Hurdles and unnecessary procedures that tend to delay the woman from getting an abortion should be minimized and punitive action must be taken against agencies that delay/ block a survivor from undergoing the procedure.

It is critical that all relevant government departments coordinate to prioritize the protection of the sexual and reproductive rights of sexual violence survivors. This is even more important for those women who are already in the midst of a humanitarian crisis or natural disasters. Time is of the essence in these cases and women should not have to bear the burden of continuing an unwanted and forced pregnancy.
Read our next post on The situation in Asia-Pacific, Dec 2, 2015