An analysis of the concept of the right to choose in relation to abortion in Nigeria: A case study of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

The right to choose provision under Article 16(1) (e) of the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) has been interpreted to mean an abortion right for all women all over the world by Recommendation 24 of CEDAW Committee. Although this Convention is yet to be domesticated in Nigeria, there is a Reproductive Right Bill, passed in 2005 by a State’s House of Assembly, purporting to make
abortion legal in the state. It is the contention of this study that abortion right interpretation of the right to choose under CEDAW cannot be sustained in Nigeria bearing in mind that Nigeria has the second highest maternal death rate in the whole world as a result of abortion. Aside from this, the abortion right interpretation of the right to choose under CEDAW is inconsistent with other International Human Rights Instruments with provisions recognizing the right to life of the foetus. The interpretation is also capable of undermining and under-estimating the criminal laws of Nigeria. Despite the fact that Nigerians are in dire need of CEDAW, it is doubtful if the Government of Nigeria will domesticate CEDAW if the abortion right interpretation is upheld. In order to solve these problems, a socio-legal research went underway consisting of a conceptual analysis showcasing the fact that the right to choose under CEDAW represents the right women have to reproduce and not the right to abort. This belief has been found to have a concrete foundation in the Constitution of the Federal Republic of Nigeria and the International Human Rights Instruments. In order to support this conceptual analysis, a case study was carried out within eight (8) states of the Federation of Nigeria. The results, which were influenced by culture, health and religion, reveal that the sanctity of human life, whether born or unborn, is very paramount. Hence, the significance of these results lies in the fact that the right to reproduce interpretation of the right to choose under CEDAW becomes an integral part of future reproductive right policy in Nigeria.