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Essay / Essay on Abortion in Trinidad and Tobago - 1453
A Critical Analysis of Abortion Laws in Trinidad and TobagoAbortion is the deliberate termination of a human pregnancy. In Trinidad and Tobago, abortion is illegal, as stipulated in sections 56 and 57 of the Offenses Against the Person Act. The main questions surrounding the illegality of abortion in Trinidad and Tobago are whether these laws are unconstitutional or inconsistent with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This article will examine Section 4(c) of the Constitution of Trinidad and Tobago, as this section states that citizens have the individual's right to respect for his or her private and family life. Provisions of CEDAW that speak to women's reproductive rights will also be discussed. The case of R v Bourne will be discussed as it was a landmark abortion case and it changed the interpretation of abortion laws in England. The position taken in this case was adopted in Trinidad. Case A, B and C v Ireland will be analyzed as it interprets an article of the European Convention on Human Rights which speaks of a right to respect for private and family life, similar to Article 4(c) of the Constitution. . LC v Peru will also be discussed as this case shows how CEDAW treats abortion. This article will show that abortion laws in Trinidad and Tobago are constitutional and consistent with CEDAW. The law regarding abortion in Trinidad and Tobago is: "Any pregnant woman who, with intent to cause her own miscarriage, unlawfully administers to herself any poison or other harmful thing, or unlawfully uses any instrument or other means whatsoever with the same intention, and any person who, with the intention of causing the miscarriage of a woman...... middle of paper ...... The Trinidadian courts will deviate from this interpretation. As Douglas Mendes has stated, local courts, although not bound by Irish decisions, will continue to carefully consider the Irish position on abortion. Furthermore, the Irish position on abortion is similar to that of Trinidad and Tobago, i.e. abortion would be permitted when it is necessary to preserve the life of the mother. Article 4(c) of the Constitution can therefore be interpreted as not giving women the right to abortion. Therefore, the illegality of abortion in Trinidad and Tobago is constitutional because it does not infringe on the right to respect for private and family life. However, as the Court pointed out in the case of A, B and C v. Ireland, there is a need to implement sufficient legislation to effectively give women access to legal abortion and provide them with sufficient information..