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John and Mary Yaremko Forum in Multiculturalism and Human Rights: Student Symposium on Women's Human Rights: March 6, 2009
Milton Castelen
Women’s Rights, Reproductive Health Rights and Public Health Considerations in Decriminalizing Abortion in the Republic Suriname
Abstract
The Criminal Code of Suriname criminalizes all activities related to abortion, but these articles of are not enforced. Nevertheless, criminalization impedes access to safe professional abortion, systematic and reliable health data collection on abortion and progressive reproductive health policy making. In the mean time there is evidence that unsafe clandestine abortions are a daily practice and a major contributor to the maternal mortality rates. Furthermore, the Criminal Code prohibits discrimination; any unequal treatment that limits individuals’ capacity to exercise their human rights, a prohibition the abortion laws, within the same Code, contradict with.
Suriname has a civil law legal system. Therefore, the legal analysis will primarily focus on a legislative review of the abortion laws against the Constitution and the relevant international legal instruments and principles. Also, their consistency with the anti discrimination legislation will be assessed, supported by case law from foreign jurisdictions. This analysis will be informed by public health concepts, empirical research data and CEDAW and MDG State reports.
This paper recommends the decriminalization of the matter of abortion in the Republic of Suriname by transferring it to the area of administrative law, with the primary aims of promoting and protecting gender equity and human safety.
The Women’s Human Rights Resources Programme thanks John and Mary Yaremko for generously funding this Symposium
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