探花直播

How feminists are harnessing human rights to advance abortion access

University News Last updated 08 March 2024

Dr Rebecca Smyth

Dr Rebecca Smyth, Lecturer in Law at 探花直播 (BCU), is researching how feminists use human rights to advance abortion rights access.

Rebecca is working with Amnesty International to shape policy around sexual and reproductive health and rights (SRHRs).

In collaboration with two undergraduate students, one at UCLA and one at UvA, Rebecca is also working with Safe Abortion for Everyone (S.A.F.E), a network that provides abortion access to those who need it, to map out European abortion laws on paper and in practice to address barriers.

Her research titled Abortion, reproductive freedom, and sexual and reproductive health and rights: lessons from El Salvador was awarded 拢8,874 by the British Academy/Leverhulme Small Research Grant in 2022. Rebecca explains what she鈥檚 working on and why it鈥檚 important to keep campaigning.

鈥42% of women and people who can become pregnant live in one of the 125 countries worldwide where abortion is illegal. The stark reality is that if you criminalise abortion, people die. They鈥檒l have permanent heath issues. They鈥檒l be forced to look after children they鈥檙e not able to. Decriminalising abortion actually results in fewer abortions in the long run.

鈥淎s a feminist, I believe that people should be able to decide on their life paths.

鈥淎lthough international and regional human rights systems are grounded in rights and equality, many of the principles, procedures, and legally binding documents that govern them weren鈥檛 created for and with women, the LGBTQ+ community, and other historically oppressed groups in mind, so they can鈥檛 always represent and respond to lived reality as well as they should. They鈥檙e also very slow to change.

鈥淢y goal is to understand how we can harness these systems to make them work for those who have been traditionally excluded from and oppressed by these systems.

鈥淚鈥檓 from Ireland. I remember the case of Savita Halappanavar in 2012, who, due to Ireland's abortion legislation at the time, was refused an abortion despite experiencing an inevitable miscarriage. She died as a result. Just a few months later, in spring 2013, the case of 鈥淏eatriz鈥 in El Salvador drew worldwide attention. She was unable to have an abortion due to El Salvador's complete criminalisation of abortion (despite the pregnancy being non-viable and continuing with the pregnancy putting her life and health at risk).

"The United Nations and human rights organisations intervened, but the Supreme Court ruled that the life of the mother couldn鈥檛 take precedent over the baby. She went into early labour, delivered a stillborn baby, and was left with permanent kidney damage, all because she was denied access to an abortion.

鈥淪ince then, my research has focused on human rights, feminist movements, and the societal, legal, and attitudinal barriers that women face on a daily basis, in every country across the world.

鈥淚鈥檝e explored two frameworks 鈥 international human rights law and reproductive autonomy/justice 鈥 to understand abortion access and the work we need to do to increase rights for women.

鈥淢y current research analyses what鈥檚 happening in El Salvador, an authoritarian country with one of the most restrictive abortion legislative frameworks, and the inspirational feminists creating change in response.

鈥淚n the 1970s and 80s, a vibrant feminist movement emerged in response to the vast inequalities and violations of human rights in this country. Since 2009, the complete criminalisation of abortion has become a big focus of its work, with and La being the two main organisations.

鈥淪panning generations, women have worked tirelessly to create access to abortion pills and knowledge at grassroots level, collaborate with transnational organisations such as Amnesty International to advocate for human and reproductive rights, and work with the Inter-American human rights system and the United Nations to lobby for an end to inequality and secure justice for women.

鈥淚n January 2024, they celebrated the success of the campaign and release of women who went to prison for suffering obstetric emergencies 鈥 with some women convicted of aggravated homicide, which carries a sentence of up to 40 years.

鈥淢any people don鈥檛 realise that abortion is still criminalised overall. In the UK, of women being prosecuted in England and Wales.

鈥淎s part of this project, I鈥檓 sharing the lessons learnt from the incredible Salvadoran and Latin American feminist movements via two journal articles, a book, and conference presentations.

鈥淚f I鈥檝e learnt one thing, it鈥檚 that we have power together. When we unite, researchers, campaigners, policymakers, and human rights organisations, we can change the world.鈥

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