Essay On Abortion In Trinidad And Tobago

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A Critical Analysis of the Abortion Laws in Trinidad and Tobago
Abortion is the deliberate termination of a human pregnancy. In Trinidad and Tobago, abortion is illegal as stated in sections 56 and 57 of the Offences Against the Person Act. The main issues surrounding the illegality of abortion in Trinidad and Tobago is whether such laws are unconstitutional or inconsistent with the Convention on the Elimination of All Forns of Discrimination Against Women (CEDAW). This paper will examine section 4 (c) of the Constitution of Trinidad and Tobago, as this section states that citizens have the right of the individual to respect for his private and family life. CEDAW provisions which speak about women’s reproductive rights will also be discussed. The case of R v Bourne will be discussed as this was a landmark case regarding abortion and it changed the interpretation of the abortion laws in England. The position adopted in this case has been adopted in Trinidad. The case of A, B and C v Ireland will be analysed because, it interprets a section of the European Convention on Human Rights which speaks about a right to respect of private and family life, similar to s.4(c) of the Constitution. L.C v Peru will also be discussed as this case shows how CEDAW deals with abortion. This paper will show that the abortion laws in Trinidad and Tobago are constitutional and consistent with CEDAW.
The law regarding abortion in Trinidad and Tobago is “ Every woman, being with child, who, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, and any person who, with intent to procure the miscarriage of any woman...

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...t Trinidadian courts will stray from this interpretation. As stated by Douglas Mendes, local courts, although not bound by Irish decisions, will still closely consider the Irish position on abortion. Also, the position in Ireland on abortion is similar to that in Trinidad and Tobago, that is, abortion would be allowed when it is necessary to preserve the life of the mother. Section 4(c) of the Constitution, can therefore be interpreted as not giving women the right to have an abortion. Following this, the illegality of abortion in Trinidad and Tobago is constitutional as it does not breach the right to respect for private and family life. However, as highlighted by the Court in A, B and C v Ireland , there is a need for sufficient legislation to be implemented in order to effectively give women access to legal abortions and provide them with sufficient information.

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