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LCP4807 ASSIGNMENT 2 ANSWERS-SEMESTER 2 (2024) STUDY GUIDE & BOOKS USED) //wa.me/
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LCP4807ASSIGNMENT 2 :DUE 18 SEPTEMBER 2024
NAME:
2024
, a) The Right to Choose- Challenging Restrictive Abortion Laws in Qrose
Before the CEDAW Committee
This essay analyzes the potential legal proceedings against the Republic of Qrose
(Qrose) before the CEDAW Committee, focusing on the restrictive abortion laws in
Qrose and the case of Tambu, a 13-year-old girl denied an abortion after being
repeatedly raped. It explores the procedural issues regarding admissibility of cases
before the CEDAW Committee, identifies the various rights infringed by Qrose's
restrictive abortion laws, and outlines potential remedies for Tambu and other
women affected by these laws.
I. Background- A Restrictive Legal Landscape
Qrose, a democratic nation with a constitution modeled after the South African
Constitution of 1996, has ratified numerous human rights instruments, including the
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) and its Optional Protocol. Despite these commitments, Article 116 of the
Qrose Penal Code of 1935 criminalizes abortion in all circumstances, except when
performed to save the woman's life. This restrictive law has resulted in the denial of
abortion to Tambu, a 13-year-old girl who became pregnant after being repeatedly
raped.
II. CEDAW- A Framework for Challenging Restrictive Abortion Laws
The CEDAW and its Optional Protocol provide a robust legal framework for
challenging Qrose's restrictive abortion laws.
Article 5 of CEDAW obligates states parties to take all appropriate measures to
modify social and cultural patterns of conduct that perpetuate gender stereotypes
and reinforce the view that women's bodies are subordinate to the state's interest in
protecting the fetus. This is directly relevant to Qrose's restrictive abortion laws,
which perpetuate harmful gender stereotypes and reinforce the view that women's
bodies are subordinate to the state's interest in protecting the fetus.
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