General Comment Number 36 - Article The Right to Life.
General Comment Number 36 - Article The Right to Life.
8. Although States parties may adopt measures designed to regulate voluntary
termination of pregnancy, those measures must not result in violation of the right to life of a
pregnant woman or girl, or her other rights under the Covenant. Thus, restrictions on the
ability of women or girls to seek abortion must not, inter alia, jeopardize their lives, subject
them to physical or mental pain or suffering that violates article 7 of the Covenant,
discriminate against them or arbitrarily interfere with their privacy. States parties must
provide safe, legal and effective access to abortion where the life and health of the pregnant
woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant
woman or girl substantial pain or suffering, most notably where the pregnancy is the result
of rape or incest or where the pregnancy is not viable.7 In addition, States parties may not
regulate pregnancy or abortion in all other cases in a manner that runs contrary to their duty
to ensure that women and girls do not have to resort to unsafe abortions, and they should
revise their abortion laws accordingly.8 For example, they should not take measures such as
criminalizing pregnancy of unmarried women or applying criminal sanctions to women and
girls who undergo abortion9 or to medical service providers who assist them in doing so,
since taking such measures compels women and girls to resort to unsafe abortion. States
parties should remove existing barriers10 to effective access by women and girls to safe and
legal abortion, 11 including barriers caused as a result of the exercise of conscientious
objection by individual medical providers,12 and should not introduce new barriers. States
parties should also effectively protect the lives of women and girls against the mental and
physical health risks associated with unsafe abortions. In particular, they should ensure access
for women and men, and especially girls and boys, 13 to quality and evidence-based
information and education on sexual and reproductive health14 and to a wide range of
affordable contraceptive methods,15 and prevent the stigmatization of women and girls who
seek abortion.16 States parties should ensure the availability of, and effective access to,
quality prenatal and post-abortion health care for women and girls,17 in all circumstances and
on a confidential basis.189. While acknowledging the central importance to human dignity of personal autonomy,
States should take adequate measures, without violating their other Covenant obligations, to
prevent suicides, especially among individuals in particularly vulnerable situations, 19including individuals deprived of their liberty. States parties that allow medical professionals
to provide medical treatment or the medical means to facilitate the termination of life of
afflicted adults, such as the terminally ill, who experience severe physical or mental pain and
suffering and wish to die with dignity,20 must ensure the existence of robust legal and
institutional safeguards to verify that medical professionals are complying with the free,
informed, explicit and unambiguous decision of their patients, with a view to protecting
patients from pressure and abuse.2
8. Although States parties may adopt measures designed to regulate voluntary
termination of pregnancy, those measures must not result in violation of the right to life of a
pregnant woman or girl, or her other rights under the Covenant. Thus, restrictions on the
ability of women or girls to seek abortion must not, inter alia, jeopardize their lives, subject
them to physical or mental pain or suffering that violates article 7 of the Covenant,
discriminate against them or arbitrarily interfere with their privacy. States parties must
provide safe, legal and effective access to abortion where the life and health of the pregnant
woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant
woman or girl substantial pain or suffering, most notably where the pregnancy is the result
of rape or incest or where the pregnancy is not viable.7 In addition, States parties may not
regulate pregnancy or abortion in all other cases in a manner that runs contrary to their duty
to ensure that women and girls do not have to resort to unsafe abortions, and they should
revise their abortion laws accordingly.8 For example, they should not take measures such as
criminalizing pregnancy of unmarried women or applying criminal sanctions to women and
girls who undergo abortion9 or to medical service providers who assist them in doing so,
since taking such measures compels women and girls to resort to unsafe abortion. States
parties should remove existing barriers10 to effective access by women and girls to safe and
legal abortion, 11 including barriers caused as a result of the exercise of conscientious
objection by individual medical providers,12 and should not introduce new barriers. States
parties should also effectively protect the lives of women and girls against the mental and
physical health risks associated with unsafe abortions. In particular, they should ensure access
for women and men, and especially girls and boys, 13 to quality and evidence-based
information and education on sexual and reproductive health14 and to a wide range of
affordable contraceptive methods,15 and prevent the stigmatization of women and girls who
seek abortion.16 States parties should ensure the availability of, and effective access to,
quality prenatal and post-abortion health care for women and girls,17 in all circumstances and
on a confidential basis.189. While acknowledging the central importance to human dignity of personal autonomy,
States should take adequate measures, without violating their other Covenant obligations, to
prevent suicides, especially among individuals in particularly vulnerable situations, 19including individuals deprived of their liberty. States parties that allow medical professionals
to provide medical treatment or the medical means to facilitate the termination of life of
afflicted adults, such as the terminally ill, who experience severe physical or mental pain and
suffering and wish to die with dignity,20 must ensure the existence of robust legal and
institutional safeguards to verify that medical professionals are complying with the free,
informed, explicit and unambiguous decision of their patients, with a view to protecting
patients from pressure and abuse.2
