THE CONFLICT BETWEEN ABORTION LEGALITY AND INTERNATIONAL HUMAN RIGHTS PRINCIPLES

Abstract

This research examines the clash between the legality of abortion within the human rights framework and the imposition of the death penalty for abortion-related actions. Employing normative legal research methods, the study elucidates discrepancies in perspectives on abortion at both national and international levels. Despite the acknowledgment of abortion as an international human right by the ICCPR, and CEDAW, certain nations still consider abortion illegal, potentially resulting in the imposition of the death penalty. Within the context of international norms, outlined in the ICC Statute, there arises a question regarding whether abortion can be deemed the most serious crime. The majority of human rights laws, including the UDHR and the ICCPR, affirm the right of every human being to life and protection. Therefore, the legality of the death penalty for abortion contradicts international norms that emphasize the need to respect and safeguard the human right to life. This study employs a normative legal approach to articulate this conflict