Interpreting Reproductive Health Right from International Human Rights Treaties: Application to Abortion Policies in Korea

The recent trend in international politics seems to project that right to procure abortion is universally recognized under the 'right to reproductive health'. However, such contention is ungrounded from the perspective of international human rights law, since human rights documents remain silent about the issue of abortion. It agrees upon holistic universal principles to protect the dignity of life and personhood which includes both the unborn and women. The task of policy-making on specific issues is delegated to the legislation of respective nations, who must carefully analyse the socio-legal dimension to devise laws that are effective. This essay refutes the said claim that abortion is a universally recognized right, by scrutinizing the international treaties ratified by Korea. It suggests that the principles of the treaties should be best interpreted to in respect to the personhood of both women and the unborn. Then, it scrutinizes the issue of abortion in Korea, both from social and legal perspective. The essay concludes by claiming that Korea should maintain its criminal ban on abortion, while taking steps to meet the international standard of procuring 'Right to Reproductive Health' in the Korean context.