The COVID-19 pandemic poses a severe threat to the achievement of gender-related SDGs and jeopardises some of the improvements observed since 2015 related to gender equality and women’s empowerment. By looking at the state of the SDGs and their interlinkages pre-crisis, it is clearthat the economic and social consequences of the pandemic will exacerbate existing inequalities and discrimination against women and girls, especially against the most marginalised. As was revealed in West Africa during the Ebola crisis (2014-2015) and in Latin America with the Zika outbreak (2015-2016), public health crises can place a hold on gender-transformative policies and reforms, diverting resources away from the past and current needs of women, while the crises themselves actually increase and expand them. With this, it is important to recognize the impact COVID-19 is having, and will continue to have, on the achievement of the SDGs if progressive actions are not taken.
Given the widespread and multiple implications of the COVID-19 crisis, all SDGs, and particularly those gender-related targets and indicators, are likely to be affected. Recognizing this impact and its gendered nature is a critical first step to designing socio-economic recoveries that will help, not hinder, the achievement of the SDGs and gender equality. Though not an exhaustive list, by looking with a gendered lens, it is clear that at least the following SDGs will be stalled by the current crisis:
The pandemic will yield severe consequences on the achievement of SDG 5, “Achieve gender equality and empower all women and girls”, specifically. Before the crisis, it was estimated that 2.1 billion girls and women were living in countries that will not achieve gender equality targets by 2030 (Equal Measures 2030, 2020). As the pace of progress slows down, both developed and developing countries require more time and aggressive action to reach gender equality targets. The following SDG 5 targets will be severely affected:
As the COVID-19 crisis continues, there is growing recognition of the impact it will have on the goals set forth in the 2030 Agenda. While the past months have shown that adaptation is indeed possible, there is a need to look forward at the impact responses to COVID-19 will have on human development worldwide. In looking forward, it is possible to understand that action taken now will fundamentally shape the future. With this recognition comes the possibility to craft policies that are sensitive to gender inequalities and will allow for equitable recoveries.
Bandiera, O. et al. (2019). “The Economic Lives of Young Women in the Time of Ebola: Lessons from an Empowerment Program”. Impact Evaluation series, No. WPS 8760. World Bank Group, Washington D.C. http://documents.worldbank.org/curated/en/452451551361923106/The-Economic-Lives-of-Young-Women-in-the-Time-of-Ebola-Lessons-from-an-Empowerment-Program.
Equal Measures 2030 (2020). Bending the Curve Towards Gender Equality by 2030. https://www.equalmeasures2030.org/wp-content/uploads/2020/03/EM2030BendingTheCurveReportMarch2020.pdf.
OECD (2020). Women at the Core of the Fight Against COVID-19 Crisis. OECD Publishing, Paris. https://read.oecd-ilibrary.org/view/?ref=127_127000-awfnqj80me&title=Women-at-the-core-of-the-fight-against-COVID-19-crisis.
OECD (2019). SIGI 2019 Global Report: Transforming Challenges into Opportunities, Social Institutions and Gender Index. OECD Publishing, Paris. https://dx.doi.org/10.1787/bc56d212-en.
OECD Development Centre (2019). Gender, Institutions and Development Database (GID-DB) 2019. https://oe.cd/ds/GIDDB2019.
Sochas, L., A. Channon and S. Nam (2017). “Counting indirect crisis-related deaths in the context of a low-resilience health system: the case of maternal and neonatal health during the Ebola epidemic in Sierra Leone”. Vol. 32, pp. 32-39. http://dx.doi.org/10.1093/heapol/czx108.
UNFPA (2020). COVID-19: A Gender Lens – Protecting sexual and reproductive health and rights, and promoting gender equality. UNFPA. https://www.unfpa.org/sites/default/files/resource-pdf/COVID-19_A_Gender_Lens_Guidance_Note.pdf.
Wenham, C., J. Smith and R. Morgan (2020). COVID-19: the gendered impacts of the outbreak, Lancet Publishing Group. http://dx.doi.org/10.1016/S0140-6736(20)30526-2.
United Nations (n.d.). Sustainable Development Goal 5. Retrieved from https://sustainabledevelopment.un.org/sdg5.
United Nations (n.d.). Transforming our world: the 2030 Agenda for Sustainable Development. Retrieved from https://sdgs.un.org/2030agenda.
UN Women (2020). COVID-19 and Violence Against Women and Girls: Addressing the Shadow Pandemic. https://www.unwomen.org/-/media/headquarters/attachments/sections/library/publications/2020/policy-brief-covid-19-and-violence-against-women-and-girls-en.pdf?la=en&vs=5842
]]>South Africa has a somewhat complex regulation when it comes to the legal age of consent for sex or any related sexual act. Generally the legal age of consent is considered to be age 16 and above for all genders and sexual orientations, but certain exceptions apply, including that of sex with someone with a mental disability and other factors. The sex act must also be consensual between both parties. Persons also need to be weary of the age of becoming an adult (age 18 in South Africa), where the parents of a child still has authority about what he or she may consent to whilst under age 18.
South Africa also has a complex definition for what is considered a ‘sexual act’, and it is important that all persons are well aware of what is considered sex as per definition of the law.
The consent for sex between the ages of 12 and 16 has also been hotly debated in newspapers, social media and even a court of law, with no proposal or amendment to the current act to resolve the issue (by May 2014).
Consensual sex is also allowed between children where one is below 16 and the other one above 16, provided that the age difference between them is not more than two 2 years. For example a 17-year-old will be able to have consensual sex with a 15-year-old.
It is illegal to have sex with a child under the age of 12, and for a child under the age of 12 to have sex with any person (regardless of age), even if the sex is consensual between the two persons.
The Act governing the age of consent, and other related sexual matters and offences in South Africa are the Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007, as amended.
In South Africa the law considers a sexual act to be anything that can cause sexual stimulation or arousal. A general guide line would be –
‘Consensual sex’ refers to where both parties agree to sex or a sexual act, and conform to all other legal requirements as per legislation. In section 56 of the Sexual Offences Act in South Africa, it is made perfectly clear that a marriage; friendship; or any other type of relationship do not count as ‘consensual’. Both parties need to give their clear indicative or explicit permission before every sexual act is committed.
In South Africa a person is considered to be a child, when he or she is under the age of 18, however the Sexual Offences Act does allow consensual sex for persons 16 and older. This creates a problem where the parents of a child between 16 and 18 do not consent to their child having sex. It may in some cases be considered as ‘statutory rape’: If the parents are willing to go through the criminal procedure by opening a case and if the court can determine that the child did not possess the mental capacity to be considered “emancipated” or of a mental state to make decisions like an 18-year-old adult. The latter is usually the more difficult one to proof, as many children do show some mental level of ‘adulthood’ as early as age 15, and are generally perceived more responsible than younger kids.
With Act 32 of 2007, it is illegal for any person under the age of 16 to consent or be involved in any sexual act, thus both parties can be prosecuted for statutory rape regardless of their ages. However this portion of the law has been amended by a controversial court ruling in the Pretoria High Court on the 15th of January 2013. Judge Pierre Rabie ruled that two sections of the Sexual Offences Act, which criminalises consensual sexual activity between children age 12 and 16, invalid and deemed them to be inconsistent with the South African constitution.
So for the moment, as long as Parliament does not rectify Act 32 of 2007, children between the same ages of 12 and 16 may have consensual sex with each other without prosecution.
There is also a provision made for children who’s age difference are less than 2 years.
It is a severe criminal offence in South Africa to have sex with any child under the age of 12, consensual or not, or for any child under the age of 12 to have sex with any other person, whether consensual or not. Children under the age of 12, cannot be criminally prosecuted, but older persons can.
It can also be argued by the hands of Act 32 of 2007 that children under the age of 12, engaging in sexual activities with themselves (for example masturbation), is illegal as the act defines sex as any activity where sexual arousal or stimulation is induced, that includes (as per the act), by oneself.
In South Africa it is illegal to watch or participate in any form of pornography (‘porn’) if you are under the age of 18. It is also illegal to watch pornography where the participant is under the age of 18, whether you are an adult or not. Some see this as a strange regulation given the fact that sexual acts for 16-year-olds and above are permitted and ages 12 to 16 are permitted between those of the same age, if they perform the act in person. It raises the question which one of the two is worse, the pornography or the sexual act?
Incest: “Family members engaging in sex with each other”.
Section 12 of the Sexual Offences Act, prohibits sexual acts between family members, regardless of age. One cannot consent to a sexual act with a family member in the same blood line or adoptive family members, meaning ascendants (parents, grandparents etc) or descendents (children, grand children etc). Incest is a criminally prosecutable offence.
Bestiality: “Sexual acts with animals”.
Necrophilia: “Sexual acts with a corpse”.
Section 13 of the Sexual Offences Act also prohibits sexual acts between humans and animals (‘bestiality’), regardless of age. One cannot consent to this type of sexual act, and is a criminally prosecutable offence, along with additional interpretations of the Animal Protection Act 71 of 1962. It needs to be point out that the act does not prohibit masturbating an animal for scientific research or breeding purposes is.
Section 14 of the Sexual Offences Act further prohibits sexual acts with a corpse (‘necrophilia’) regardless of age, and is a criminally prosecutable offence.
Apart from other parts of the Sexual Offences Act, there are also protection for sexual acts for people ages 18 and above. The most common factor (applicable for all ages) is sexual assault and rape, but something less known to South Africans is that sexual assault, ‘statutory rape’ and rape also may account for cases where persons, above or below age 18, forces another person to watch a sexual act (in person or on a multimedia medium) without their consent.
An example would be where two people engage in sex with each other, in front of third person (friend, child etc) in the same room – without the onlooker’s consent.
This falls under the category of ‘sexual assault’ in the Act, and is criminally prosecutable. Sexual assault also arises from distributing footage, or photos of another person’s sexual parts or sexual act without their consent. This is why in running news bulletins, where for example school children, who have recorded; taken photos of sexual acts; or distributing it, may be charged with sexual assault, even though they themselves were not involved in the sexual act. See section 7 to 11 of the Act for more detail.
Flashing persons; exploiting persons (especially children) for financial gains and various other aspects is also considered as sexual assault by the Sexual Offences Act.
The Sexual Offences Act goes into broad detail of sexual acts with people with disabilities, but in summary, sexual acts with any person (regardless of their age), who are registered as a person with a mental disability, is prohibited and criminally prosecutable.
In South Africa it is mandatory for any person carrying knowledge of a sexual offence to report it to the SAPS (South African Police Service).
Certain professionals (as specified by the law, including social, mental well-being and health care workers) must report any reasonable belief that a sexual offence has been committed to the SAPS. They may also approach the DSD (Department of Social Development), the SAPS or any related social worker organization for assistance.
Act 32 of 2007 also makes it mandatory to report any attempt or conspiracy by someone to commit a sexual offence to the above said authorities.
It is important to note that the new Act (Act 32 of 2007) no longer has separate legal ages of consent for sex between different sexual orientations or genders. All sexualities and genders are interpreted as equals under the act. Homosexuality and gender discrimination is further more protected by the South African Constitution, and South Africa’s society in recent years are growing more accepting of homosexuals (LGBTI) and equal rights for all genders (especially for woman).
Until the new act for Criminal Law (Sexual offenses and related matters) Act 32 of 2007 came into effect on 16 December 2007, South Africa’s legal age of consent was much more confusing and complicated.
The previous acts (Immorality Act, 1957 and Immorality Amendment Act, 1969) clearly differentiated age of sexual consent between different genders, as well as sexual orientation. Though these old regulations date from South Africa’s Apartheid era and hold certain levels of discrimination, they were not related to the Apartheid regime.
These older acts have some parts of their content with routes from the Dutch law system as far back as the 17th Century. Girls under the age of 12 were considered incapable of consenting to sex (but not boys); homosexuality was already considered illegal by general law; and in the amendment act this was further enhanced for criminalisation over a public ‘panic’ for homosexuality. This act focused mainly on sexual consent by females.
The interim constitution for South Africa, in effect in 1994, abolished the discrimination on the basis of sexual orientation or gender and thus some parts of the sex and sexual offences act(s) in effect at that time were overruled, and finalised with the final constitution of 1997.
The Immorality Amendment Act, 1988 changed the Immorality Act’s name to the “Sexual Offences Act, 1957”. This amendment also prohibited sex between a boy under 16 and a woman (age and gender discrimination), between two men under the age of 19 (sexual orientation discrimination) and a girl, under the age of 19 (gender and age discrimination, as well as sexual orientation discrimination). The new constitution called for a whole new concept of legislation concerning sexual acts and sexual offences, and this lead to the Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007.
On the 15th of January 2013, Judge Pierre Rabie made a ruling in favour of the Teddy Bear Clinic for Abused Children to overturn two clauses in Act 32 of 2007. The Clinic brought the case to court in support with the Centre for Child Law. The Clinic was of opinion that criminalising sexual acts for children age 12 to 16 would prevent children involved in sexual acts (especially pregnant girls of that age) to come forward for guidance, advice and abortion options – out of fear for criminal prosecution. They also referred to a 2010 case where a girl came forward with claims of rape by two boys age 14 and 16, however lack of evidence for the rape charges, gave rise to the National Prosecution Authority (The NPA) to instate criminal charges against the girl as well, for having underage sex. However the prosecution in this case was later dropped on the basis that the Teddy Bear Clinic provided all children involved with proper counselling.
Act 32 of 2007, creates the provision for the creation of a ‘Sexual Offenders List’, where any person found guilty of a sexual offence’s name will be placed on this list. Such person will never be able to get a job involving children. In many cases, companies use this list to refuse employment in general, regardless if the work involves children or not. This meant that children as young as 12, engaging in sex, even with someone of the same age, may be recognized as a sexual criminal, deterring any possibilities of a proper future.
As argued too by some members of the public, “adolescents will be adolescents”, and they start experimenting at a young age anyways, making many children ‘criminals’.
The National Directorate for Public Prosecutions (part of the NPA) opposed the court on the basis that it will give children the impression that under age sex is acceptable and will also increase sexual abuse and violence among children.
Judge Rabie ruled the two sections illegal, making consensual sex between 12 and 16 year old children legal, if the parties are both between 12 and 16 (or the age difference between the parties is less than two (2) years in case of an older person). Judge Rabie added to his ruling that the two clauses will not protect children; instead it will just create a heavy burden of criminal justice procedures against these children, which might be more damaging to their well-being than the actual sexual activity done.
After the ruling there was a burst of outrage on social media and many other organizations, with the main focus that anyone ‘above age 12 may now legally have sex’. Many people deemed this devastating to South Africa’s moral status, some saying in sarcasm that a banned film, depicting children in that age bracket having sex, must then also be legalised. The Justice Department was further concerned that this will send children the wrong message, that sex at such a young age is acceptable, and perpetrators will then use this to their advantage to commit sexual offences against youngsters.
Religious organizations also lashed out with their series of opinions and concerns on the court ruling.
South Africa’s Parliament, still need to amend the act to give proper alternative regulations to the two overruled clauses (as at May 2014).
Pakistan is a developing country comprising of a patriarchal society with well-defined gender specific behaviours. The general consensus in the society holds men as the dominant, powerful and superior beings, whereas, women are often considered as weak and powerless in the society. These diverse views have led to a clear distinction between the rights of men and women across all sectors of the economy and resultantly, women have not been able to fully contribute to Pakistan’s development. Despite the Government of Pakistan’s (GoP) efforts in increasing the number of women employees for the last several years, the minimum quota for 5 per cent remain unfilled (AASHA, 2010).
In 2010, President Asif Ali Zardari passed a Bill, titled, “Protection Against Harassment of Women at Workplace Act” while recognising sexual harassment as not only an issue but a punishable crime. The bill defines sexual harassment as “any unwelcome sexual advance, request for sexual favours or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment or the attempt to punish the complainant for refusal to comply to such a request or to make it a condition for employment“ (GoP, 2010).
The Bill clearly outlines procedures for holding inquiries as well as penalties for minor and major offences, ranging from mild reprimands to firing the accused. It addresses appeals against penalties and provides for an ombudsman, who is to be appointed by the law ministry at the provincial level. This person is tasked with ensuring that the entire process is being carried out fairly, especially when the head of an organisation is the accused. Both the victim and the accused have direct access to the ombudsman. The bill makes it clear that the committee has 30 days to come up with the verdict as well as the penalty, if any. After this, the organisation’s management is given a week to implement the penalty, such as, for example, firing or demoting the guilty party. Within a month, any aggrieved party can also appeal to the ombudsman, who has a month to decide the case. As an added protection, any employee can take their company to court for not following the formal procedure laid out in the bill and a fine of up to 100,000 rupees can be imposed on the organisation. “The complaint mechanism, nature of remedy – which includes psychological and other compensations – and appeal mechanisms are covered well,” says Naeem Ahmed Mirza, programmes director at Aurat Foundation (GoP, 2010).
Moreover, the Act builds on the principles of equal opportunity for men and women and their right to earn a livelihood without fear of discrimination while complying with the Government’s commitment to high international labour standards and empowerment of women. It also adheres to the Human Rights Declaration, the United Nation’s Convention for Elimination of all forms of Discrimination against Women and International Labour Organisation’s (ILO) Convention 100 and 111 on workers’ rights (ILO, 2007).
The EU pursues a twin-track approach on gender equality in development cooperation:
The crucial significance of gender equality in development policies is recognised in various policy documents such as the European consensus on development (where Gender Equality is identified as a cross-cutting issue). According to the 2014 edition of The Official Directory of the European Union, women account for 33% of higher ranking officials.
Communication from the Commission to the European Parliament and the Council (2007) identifies five areas for action and provides guidelines on how to work gender equality into other development policies more effectively. In particular, it describes how gender equality can be furthered through new forms of aid such as budget support and sector-based aid, which are starting to replace traditional methods of supporting individual projects.
The paper promotes equal rights (political, civil, economic, social and cultural); equal access to and control of resources; equal opportunities to exercise political and economic influence.Council of the European Union (2007), Gender Equality and Women’s Empowerment in Development Cooperation – Conclusions of the Council and of the Representatives of the Governments of the Member States meeting within the Council, available at: http://register.consilium.europa.eu/pdf/en/07/st09/st09561.en07.pdf
The 2010 Commission Staff Working Document EU Plan of Action on Gender Equality and Women’s Empowerment in Development
The EU implements the above 2007 Communication and Council Conclusions. It is an operational document that seeks to accelerate the achievement of the MDGs and other international development goals.
The Action Plan on Gender Equality and Women’s Empowerment in Development (2010-2015)
was adopted in June 2010 on the basis of this Staff Working Document, as part of the Council Conclusions on the MDGs. The plan aims to improve the EU’s work to advance gender equality in developing countries.
It has 9 specific objectives, 37 actions and 53 indicators and contains an accountability framework encompassing Member States, the EU Commission, the European External Action Service and the EU delegations in developing countries.
Under the action plan, gender equality is systematically included in political and policy dialogues with partner countries to raise awareness and encourage change. It also proposes training on gender equality for staff in the EEAS and relevant Commission services, including all Heads of EU Delegations. The action plan also intends to make sure that gender equality issues are part of the annual and multi-annual planning process and to apply internationally accepted standards such as the “OECD Gender Equality Marker System “, to track aid devoted to this issue.
The Council also decided that a progress report regarding the implementation of the plan would be presented and discussed annually and a mid-term review would be conducted in 2013.
For the period 2007 – 2013, the EU’s action on gender equality and development is financed through Country cooperation strategies and the thematic Instrument ‘Investing in People’ which contains a separate financial envelope for the period 2007-2013 for funding EC actions on gender equality and the empowerment of women. The available funding of € 57 M is almost three times higher than in the previous three years (when € 3 M was directly spent on gender specific actions on annual average). Funding is allocated through calls for proposals, and by direct agreements with selected partners. Priorities include implementing international commitments at country level; supporting women’s NGOs; helping governments produce better statistics broken down by gender.
Efforts have been made to ensure that gender equality is properly incorporated into strategy papers and EU staff have detailed guidelines.
The Women’s Empowerment Program develops women’s leadership, strengthens women’s organizations, increases women’s rights and ensures their personal security, and creates new political and economic opportunities for women across the Asia-Pacific region. The programs transfer tools, strategies, and lessons learned, foster synergies, and promote cooperation within and across borders. Mobilizing women has proved powerful in order to accelerate progress in each country, through facilitating networking, coordination, and collaboration among women and women’s groups. Programs involve women at all stages, thus ensuring that issues identified and strategies utilized are appropriate to each country or region’s socio-cultural-political context. Providing linkages with like-minded allies in government and civil society and with international networks and organizations creates greater support for their efforts so that reform is promoted from within and from without. Programs are broad-spectrum and flexible, empowering women themselves to challenge the multiple causes and consequences of their subordination and discrimination, and are customized and targeted to specific country contexts.
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Download and read the resolution here.
United Nations Security Council Resolution 1325
United Nations Security Council Resolution 1820
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In the majority of countries in Africa, women continue to face discrimination, violence and violations of their fundamental freedoms. Although legislative progress has been achieved in some countries, discriminatory practices remain widespread across the continent.
Despite the ratification by most African states of international and regional instruments protecting the rights of women, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), its Optional Protocol and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), their provisions are widely violated, due to legislative deficits or lack of adequate measures to enable their effective implementation.
On 8 March 2009, over one hundred organizations, present throughout the continent, launched the Campaign “Africa for Women’s Rights: Ratify and Respect!”.
This initiative aims to put an end to discrimination and violence against women in Africa, calling on states to ratify international and regional instruments protecting women’s rights, to repeal all discriminatory laws, to adopt laws protecting the rights of women and to take all necessary measures to ensure their effective implementation.
The Campaign calls upon all African governments to RATIFY the women’s rights protection instruments and to RESPECT them in law and practice.
The Campaign was launched at the initiative of the International Federation for Human Rights (FIDH), in collaboration with five non-governmental regional organisations: the African Center for Democracy and Human Rights Studies (ACDHRS), Femmes Africa Solidarité (FAS), Women’s Aid Collective (WACOL), Women in Law and Development in Africa (WILDAF) and Women and Law in Southern Africa (WLSA). These organisations make up the Steering Committee responsible for the coordination of the Campaign.
The Campaign has also received the support of Desmond Tutu, Nobel Peace Prize laureate 1984, Shirin Ebadi, Nobel Peace Prize laureate 2003, Nadine Gordimer, Nobel Prize in Literature 1991, Wole Soyinka, Nobel Prize in Literature 1986, artists Angelique Kidjo, Youssou N’Dour and Salif Keita, as well as Soyata Maiga, Special Rapporteur of the African Commission on Human and Peoples’ Rights on the Rights of Women in Africa and many others.
The Coalition of the Campaign stresses the urgency of the implementation and respect of the rights of women. Each and every violation of women’s human rights is a violation of the principle of the universality of human rights.

The Campaign Dossier of Claims, published in March 2010, is the outcome of investigations conducted by national human rights and women’s rights organizations in their respective countries and reflects the situation of women’s rights in over thirty African countries.
It contains key demands to eliminate discrimination and violence against women. These “claims” are directed towards national governments, since strengthening respect of women’s rights is primarily a question of political will. The Dossier is composed of a series of notes, detailing the main violations of women’s rights in each country. Each note underlines where they exist – any positive measures that have been taken over recent years, and identifies the main obstacles to respect of women’s rights in law and practice. In addition to its informative and awareness-raising functions, this Dossier constitutes an important advocacy tool at the disposal of all those involved in campaigning for women’s rights. The claims formulated in the Dossier will be brought to the attention of the competent authorities at the national, regional and international levels. The Dossier is also a tool for all those whose aim is to achieve full equality between men and women, an essential condition for the fulfillment of universal human rights. The Dossier is available on the wikigender website – LINK as well as on the campaign blog –Africa4Womensrights
For further information, visit the Campaign blog: http://www.africa4womensrights.org
The blog, with information in English and French, is maintained by the organisations participating in the Campaign across Africa. You will find the Campaign Declaration, to be signed online, regularly updated information on women’s rights in Africa and details of the Campaign actions undertaken across Africa.
]]>The conference was held in July 1948 in a small town in New York State, Seneca Falls. It was the first conference held in the United States, which touched on the issues relating to women’s rights. Its creators Elizabeth Cady Stanton and Lucretia Mott arranged for the convention in haste, catapulting off of the momentum of their ideas about women’s rights that had been brewing for some time. The centerpiece of the conference would focus on Stanton’s, “Declaration of Sentiments and Resolutions”, drafted in the style of the “U.S. Declaration of Independence”. However, instead of the famous ‘all men are created equal’ phrase penned by Thomas Jefferson, Stanton chose to include women who should also have rights to “life, liberty and the pursuit of happiness”. The impact of the convention was a link in a long chain which would, decades later, lead to Women’s suffrage in the United States.
In 1970, attorneys Linda Coffee and Sarah Weddington filed suit in a U.S. District Court in Texas on behalf of Norma L. McCorvey (“Jane Roe”). McCorvey claimed her pregnancy was the result of rape. The defendant in the case was Dallas County District Attorney Henry Wade, representing the State of Texas. Roe v. Wade ultimately reached the U.S. Supreme Court on appeal in 1972. In preliminary arguments, Justice Harry Blackbun noted the ambiguity in Texan abortion laws.
The Roe v. Wade decision held that a woman, with her doctor, could choose abortion in earlier months of pregnancy without restriction, and with restrictions in later months, based on the right to privacy. The court issued its decision on January 22, 1973, with a 7 to 2 majority.
The ruling established abortion as a fundamental right under the United States Constitution: specifically, after overviewing the opposition to abortion from a historical perspective, the Justices found that women had the right of privacy (enshrined in the due process clause of the Fourteenth Amendment) and that the Constitution did not include protection of the unborn:
“This right of privacy, whether it be founded in the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment’s reservation of rights to the people, is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation.”
The Court also ruled that abortion could not be committed at any point in the pregnancy: once a foetus was ‘viable’ it could no longer be aborted. The Court ruled that the state cannot restrict a woman’s right to an abortion during the first trimester, the state can regulate the abortion procedure during the second trimester and the state can choose to restrict or proscribe abortion as it sees fit during the third trimester when the fetus is viable.
According to the Roe decision, most laws against abortion in the Gender Equality in the United States of America of America violated a constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment. Roe v. Wade is one of the most controversial and politically significant cases in U.S. Supreme Court history.
The Roe v Wade ruling remains controversial in contemporary US politics, resurfacing as an election issue during the 2008 Presidential election. John McCain, the Republication nominee for President, stated in 2007, that “I do not support Roe versus Wade. It should be overturned.” This represents a significant shift from his views in 1999: “I’d love to see a point where it is irrelevant, and could be repealed because abortion is no longer necessary. But certainly in the short term, or even the long term, I would not support repeal of Roe v. Wade, which would then force X number of women in America to [undergo] illegal and dangerous operations.” The Democratic nominee for President, Barack Obama, openly supported Roe v Wade: “”I think that most Americans recognize that this is a profoundly difficult issue for the women and families who make these decisions. They don’t make them casually. And I trust women to make these decisions, in conjunction with their doctors and their families and their clergy, and I think that’s where most Americans are.”
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