Induced Abortion Cannot Become a Human Right

Giuseppe Benagiano and Clau

Abstract

A careful analysis of existing documents, whether international of national, leads to the conclusion that there is no convincing evidence of the existence of an “unrestricted right to abortion”. Indeed, even when access to abortion has been declared a constitutionally protected right, this access can be subject to qualification. In addition, we believe that it is not possible to establish a right to abortion, both because of the structure of individual rights and because of the specific nature of the request for an abortion. This means that discussing the existence of a “right to abortion” has become a political and social issue, not a theoretical one. It is a question that cannot be resolved, once and for ever, in a non ideological fashion since it presents an irresolvable dilemma between the universal and abstract right to life of all human beings, and the reality of an actual power by the parents (and the mother in particular) to deny such a right to the product of conception. For this reason, we believe that the duty of international and national institutions is not so much to linger on sterile and contradictory discussions of the nature and extent of a hypothetical right to terminate a pregnancy, but to identify remedies and develop constructive strategies to promote a conscious and responsible procreation that should include adequate protection for new human life.