Ordo Iuris against discrimination against unborn women. Opinion for the UN Committee

The Ordo Iuris Institute submitted its opinion in connection with the work of the 94th Pre-sessional Working Group of the UN Committee on the Elimination of Discrimination against Women (CEDAW). Due to the financial crisis in the UN Secretariat, the 92nd session of the Committee was canceled, and subsequent meetings are being held remotely. The Working Group meeting, which will take place on October 27-31, 2025, aims to prepare a list of issues for countries whose reports will be analyzed during future sessions of the Committee. Among them is India, along with the issue of women’s rights in that country. Despite not being able to participate in the deliberations in the form of oral statements, non-governmental organizations have been invited to submit written opinions. The purpose of this mechanism is to provide independent sources of information that supplement or verify the content of reports prepared by governments.

Against this background, Ordo Iuris experts decided to present an analysis of the particularly dramatic phenomenon of sex-selective abortion. This problem, firmly rooted in the social structure of India, is, according to the authors of the opinion, one of the most serious human rights violations in the modern world. Data from the National Statistical Office of India (NFHS-5, 2019–2021) indicate that in some states, only 912–929 girls are born per 1,000 boys. Meanwhile, the natural sex ratio at birth is approximately 950–975 girls per 1,000 boys. Such a significant disparity is evidence of widespread selective abortion and other forms of prenatal discrimination. Despite the introduction of the PCPNDT (Pre-Conception and Pre-Natal Diagnostic Techniques Act), which prohibits the use of prenatal diagnostics to select the sex of a child, international reports, including Human Rights Watch from 2022, point to widespread violations of the law. The main problems are poor law enforcement, corruption in regulatory institutions, and strong social pressure to have a son, who is seen as the future breadwinner of the family. In Indian culture, the birth of a daughter is often associated with the need to incur significant costs related to the dowry, which in practice exacerbates the reluctance to raise girls.

The consequences of this phenomenon are multidimensional. On the one hand, they constitute a clear violation of individual rights—depriving girls of their right to life and development. On the other hand, they generate serious social and demographic problems. In India, gender imbalance is becoming increasingly apparent, leading to difficulties in getting married, an increase in human trafficking, and an increase in violence against women. Ordo Iuris emphasizes that in this context, selective abortion cannot be treated solely as a medical or cultural problem, but as a form of violence and systemic discrimination against women.

According to the Institute’s experts, this practice violates the fundamental provisions of the CEDAW Convention. In particular, it is contrary to Article 1, which prohibits all forms of discrimination based on sex. Selective abortion deprives girls of their fundamental right to life and development, becoming the most drastic form of exclusion. It also violates Article 5, which calls for the elimination of cultural and social stereotypes that perpetuate inequality between women and men. In India, strong beliefs about the superior value of sons persist despite educational efforts, and the law remains ineffective in this area. Finally, this issue is directly related to Article 12, which guarantees women equal access to health care. In reality, social pressure often forces women to use medical technologies, such as ultrasound, to perform selective abortions. This represents both a violation of their autonomy and an expression of a systemic failure to protect their rights.

The analyses presented in the Ordo Iuris opinion refer to scientific studies and reports by international organizations. A study published in The Lancet Global Health (2021) confirms that gender inequalities in India have a significant impact on limiting women’s access to healthcare, resulting in higher mortality rates among mothers and girls. In turn, UN Women reports draw attention to the long-term effects of selective abortion, such as deepening social inequalities, weakening the position of women in public life, and increasing their vulnerability to violence.

In its opinion, the Ordo Iuris Institute does not limit itself to diagnosing the problem, but also presents a number of specific recommendations. Experts call on the CEDAW Committee to unequivocally condemn the practice of selective abortion as a gross violation of the Convention. They point to the need to strengthen the enforcement of laws prohibiting selective prenatal diagnosis and abortion. They also emphasize the importance of broad educational campaigns to change social perceptions of girls and break down entrenched stereotypes. Another proposal is the introduction of economic support systems, such as educational scholarships or tax breaks for families raising daughters, which would counteract the perception of them as a financial burden. The institute also points to the need to create a network of psychological support centers for pregnant women, as well as educational and vocational programs for girls and women that could raise their social status and reduce their susceptibility to pressure related to selective abortion.

Experts emphasize that the adoption of these recommendations could be a breakthrough in the fight for women’s rights in India. The implementation of these measures would not merely reduce selective abortion, but also strengthen the position of women in society and contribute to the establishment of lasting gender equality. Ordo Iuris notes that the experiences of other countries show that an effective combination of legislative, educational, and economic support measures can yield measurable results.

The opinion prepared by Ordo Iuris is part of a broader trend in international law aimed at protecting women’s rights and eliminating all forms of discrimination. The CEDAW Convention, ratified by India, imposes a clear obligation on the state to take action to eliminate inequality. Meanwhile, reality shows that, despite formal regulations, discriminatory practices are still systemic. Ordo Iuris, in presenting its analysis, points out that international law must be treated not as a declaration but as a real mechanism for the protection of individuals.

“The practice of selective abortion in India is not merely a cultural problem, but also a serious violation of international law. A state that allows such practices through its passivity in enforcing the law is not fulfilling its obligations under the Convention,” notes Julia Książek of the Ordo Iuris Center for International Law.