Rachele Marconi

The Protection of Sexual and Reproductive Rights in the Ukraine Conflict: The Access to Safe Abortion

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Abstract

The Framework on cooperation between the Government of Ukraine and the UN on prevention and response to conflict-related sexual violence aims at providing a better response to conflict-related sexual violence in the context of military operations by Russian Forces in Ukraine. In the light of the aforementioned Framework of cooperation, the Article intends to analyse the State ob-ligations with regard to sexual and reproductive rights of women caught up in the conflict. To this end, the preferential medical care regime for pregnant women under international humanitarian law is examined. The analysis then focuses on the UN 'Women, Peace and Security' agenda, as the regime on which the Framework on cooperation is expressly based upon. The aim is to ascertain whether the Framework on cooperation under consideration may constitute a form of State prac-tice, relevant to determining whether a State obligation to provide access to safe abortion in case of war rape may derive from the different regimes applicable to medical assistance to pregnant women during armed conflicts

Keywords

  • sexual and reproductive rights
  • international humanitarian law
  • conflict-related sexual violence
  • women peace and security
  • Russia-Ukraine conflict
  • right to access to safe abortion

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