Recognition of 'Post Abortion Care' as a Fundamental Reproductive Health Right in Sri Lanka: A Legal Perspective

Abstract

The World Health Organization (WHO) has defined ‘Health’ as the physical, mental and social wellbeing which extended to the reproductive rights. The major burden of the human reproduction is carried out by the women, for whom a strong legal framework of reproductive rights is of utmost importance. ‘Post Abortion Care’ (PAC) is equally important as giving birth to a child. The abortion law in Sri Lanka, treasured in the sections 303-307 of the Penal Code is restrictive in nature which allows a ‘therapeutic abortion’ only as a life preserving option for the mother. But still, abortions are performed at clandestine places. The clandestine services are well known for the performance of unsafe abortions against the acceptable medical standards, which cause complications. Amidst a restrictive legal framework on abortions, it is doubtful whether Sri Lankan women are entitled to a positive post abortion care to treat the complications of unsafe abortions. The study focuses and analyzes the unsafe abortions, post abortion complications and the condition of the post abortion care in Sri Lanka. The methodology of the study is qualitative and involved a documentary analysis, in which the author has done a literature survey including the International/ domestic legal instruments, texts and publications. The findings of the study have concluded that, the Sri Lankan women are entitled to a strong framework of post abortion care, whereas the severe complications of unsafe abortions result in the maternal mortality and morbidity.