CEU eTD Collection (2019); Ali, Maha: The Concept Of Bodily Autonomy: Sexual And Reproductive Rights For Female Survivors Of Rape In Pakistan, India And Malaysia

CEU Electronic Theses and Dissertations, 2019
Author Ali, Maha
Title The Concept Of Bodily Autonomy: Sexual And Reproductive Rights For Female Survivors Of Rape In Pakistan, India And Malaysia
Summary Women’s bodies have known to be a highly political area of study, and hence, the issue of attaining
Reproductive and Sexual Rights for women becomes a relevant debate, under international human rights law. These rights for women originate from the concept of ‘bodily autonomy’, which has many times been derived from the rights to ‘life’, ‘liberty’, and ‘dignity’ by Courts. The essence of these fundamental rights remains quite pertinent for the women of South and South East Asia, as often, the existence of such rights for women is questionable.
States with restrictive abortion legislation do not only curb women’s right to their ‘bodily autonomy’ but also their right to make a choice. In Pakistan, India and Malaysia, abortion is criminalized, apart from certain exceptions with regards to saving the life the health of the woman. Women requiring abortion services are left at the disposal of the Courts, social and cultural stigma, and third party authorizations, or have to resort to illegal and unsafe abortions. The challenges are more amplified for survivors of rape who require abortions, in each country. Along with the psychological trauma that comes with sexual assault, women have to navigate through a system which only makes it more problematic for them to exercise control over their bodies.
This thesis explores the theme of ‘bodily autonomy’ within the feminist discourse, while expounding upon the legal frameworks of Pakistan, India and Malaysia. The States’ international obligations would also be observed in light of CEDAW, while comparing whether their domestic law and policies comply with the standards as provided within the Convention.
Supervisor Sandor, Judit
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2019/ali_maha.pdf

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