main points
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Last February, a session of the CEDAW Committee, which operates within the United Nations and is responsible for monitoring the implementation of the Convention on the Elimination of All Forms of Discrimination against Women, was held in Geneva.
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During a discussion focused on the situation in Argentina, representatives of that country pointed out that international law does not guarantee the so-called right to abortion, and that protecting the right to life is of key importance.
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In their responses to questions from the Committee members, they also emphasized that a country is under no obligation to provide access to abortion and that, with regard to sex education, the constitutional framework and parents’ right to decide on their children’s education should be respected.
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The stance of Argentina’s representatives exemplifies the increasingly voiced view that international law should not be used to promote ideological demands that are not based on treaties.
The 92nd session of the Committee on the Elimination of Discrimination against Women (CEDAW) was held in Geneva from February 2 to 20. The mandate of this specialized body, operating under the auspices of the United Nations, is to monitor implementation of and compliance by States Parties with the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the United Nations General Assembly in 1979. During the session (Part I, Part II) the statement by the representatives of Argentina resonated widely, as they clearly emphasized that the actions undertaken by UN agencies aimed at recognizing the so-called right to abortion as a human right are contrary to international treaties.
At the February session of the CEDAW Committee, discussions included the periodic review of Argentina, which is conducted for all States Parties to this international treaty. During the discussion, members of the CEDAW Committee asked the representative of Argentina questions about the situation in that country regarding issues such as so-called reproductive rights, access to abortion, or sex education.
Argentina’s delegate, Joaquín Mogaburu, in the first part of his address, stated that the government of that country “has fulfilled the international obligations it undertook, with a clearly defined objective: the supremacy of the national constitution, respect for reservations and interpretive declarations, and full respect for equality before the law.” Later in the presentation before the CEDAW Committee, the lawyer addressed a range of issues related to discrimination against women, such as economic indicators (e.g., poverty rates).
In the context of the issues discussed at the meeting, Mogaburu clearly emphasized that international human rights treaties do not contain the so-called right to abortion. “Argentina would like to point out that international law does not guarantee a right to abortion. On the contrary, what is of essential importance is the protection of the right to life of all persons and the recognition of legal personality without discrimination,” the Argentine diplomat pointed out. “In the case of Argentina, the protection of women from the moment of conception is part of our constitution,” the representative of Argentina continued.
Later in the meeting, Ursula Basset, Human Rights Director at Argentina’s foreign affairs ministry, took the floor and answered questions from the attendees. Answering a question from one of the participants, Basset emphasized that international law does not guarantee the right to abortion. The representative of Argentina also cited the 1989 Convention on the Rights of the Child, according to which protection is also afforded to children before birth.
Asked about the implementation of the principles of “comprehensive sex education” in Argentina, Basset pointed to parents’ right to choose their children’s education. “The law is the law, and of course we must respect the constitutional framework and the right of parents to decide on the nature of their children’s education,” the lawyer emphasized.
“The recent discussion at the CEDAW Committee forum, and in particular the opinions and positions presented by representatives of Argentina, fits into a broader trend characterized by an increasingly pronounced emphasis on the need to return to the traditional principles for interpreting international law. This is important in the context of the ideological efforts of recent decades aimed, among other things, at including the so-called right to abortion in the catalog of human rights, despite the lack of any basis for it in international treaties,” comments Patryk Ignaszczak of the Ordo Iuris Center for International Law.
Source of cover photo: iStock
