A Critical Analysis of 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 Offenses against the Person Act. The main question 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 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 private and family life. CEDAW provisions affecting women's reproductive rights will also be discussed. The case of R v Bourne will be discussed as it was a landmark case regarding abortion and changed the interpretation of abortion laws in England. The position adopted in this case was adopted in Trinidad. The case of A, B and C v Ireland will be analyzed because it interprets a section of the European Convention on Human Rights which talks about the 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 addresses abortion. This article will show that the abortion laws in Trinidad and Tobago are constitutional and consistent with CEDAW. The abortion law in Trinidad and Tobago is: “Every woman, being pregnant, who, with intent to procure a miscarriage, unlawfully self-administers any poison or other noxious thing, or unlawfully uses any instrument or other means with the same intent, and any person who, with the intent to cause the abortion of a woman...... middle of paper...... t The courts of Trinidad will depart from this interpretation. As stated by Douglas Mendes, local courts, while not bound by Irish decisions, will still carefully consider Ireland's position on abortion. Furthermore, the position in Ireland on abortion is similar to that of Trinidad and Tobago, that abortion would be permitted when it is necessary to preserve the life of the mother. Article 4, letter c) of the Constitution can therefore be interpreted as not recognizing women's right to have an abortion. Therefore, the illegality of abortion in Trinidad and Tobago is constitutional as it does not violate the right to respect for private and family life. However, as highlighted by the Court in A, B and C v Ireland, it is necessary to implement sufficient legislation to effectively ensure women have access to legal abortion and provide them with sufficient information.
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