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Abstract

Anti-abortion regulation and criminalization in Nigeria raises questions about religious, societal, and cultural dispositions to abortion. If one defers to religious and cultural norms that are against abortion, what remains are concerns about discrimination based on gender, age, and economic status. At the regional level, the focus of abortion activism has consistently been on the legal justification for permitting abortion on recognized grounds, particularly under the African Women Protocol, known as the Maputo Protocol. This work analyzes socio-economic grounds for legal justifications for permitting abortion, focusing on how inequality and discrimination can shape the regulation and governance of abortion, especially within developing and highly gender-unequal societies like Nigeria. This paper argues that the systematic maternal deaths resulting from unsafe abortions are avoidable as they stem from social status and an unequal distribution of economic resources. This paper adopts the theory of feminist intersectionality by Crenshaw to expose how inequities on multiple grounds contribute to ineffective reproductive governance, especially concerning abortion in Nigeria. It discusses the potential application of international and regional human rights instruments, especially the Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Maputo Protocol, and challenges in implementing their provisions within Nigerian reproductive rights jurisprudence. It identifies the doctrine of “Dual Publics” by Peter Ekeh and effects of legal pluralism on the regulation of abortion in Nigeria. It also draws lessons from similar treatment of such issues by the relevant human right bodies through their constituent instruments, case-laws, and jurisprudence. The paper argues that adopting an equality or intersectional approach to address the complexities surrounding abortion in Nigeria holds immense potential for mitigating the historical, legal, and cultural challenges that women face in accessing reproductive healthcare services.

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