CSW Study Guide Mtismun 2022

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Table of Contents

Letter from the Chairpersons 2


Introduction to the Commission on the Status of Women (CSW) 4
Key Terms 5
Past Actions 6
Current Situation 8
Main Actors 10
The United States of America 10
The United Kingdom 12
Nicaragua 13
Nepal 14
Points to be addressed 15
Further Reading & Bibliography 15
Letter from the Chairpersons
Dear prospective delegates,

We are honored to welcome you to the Commission on the Status of Women (CSW) at the first

edition of MTISMUN and we are confident it will prove to be a great experience for all,

enhancing your knowledge about the subject of abortion law and further developing your skills

as a delegate.

We consider the topic at hand one of the utmost importance and deserving of attention, taking

into account the current social climate. Therefore, we highly encourage every one of you to

contribute to the flow of what we hope to be, a successful and fruitful debate.

Remember that the Study Guide we have provided for you is only the first step in deepening

your knowledge on the subject and we strongly persuade you to do thorough research regarding

your country's stance concerning the topic and especially to draw your focus toward solutions

to the problems that arise during the committee sessions. This will help you in maintaining the

opinions and political views your country stands for and it will make it easier for you to not

deviate from the country’s beliefs because it is something we take into consideration.

Please bear in mind that the Position Paper will prove to be the most important part of your

research, showing us your involvement and seriousness and also making you eligible for

awards at the end of the conference. Other major steps you need to take to prepare for the

conference would be carefully reading the Study Guide as we believe it will help you get a

better overview of the subject, tackling all aspects necessary overall.

Our advice for you to have the best experience as a delegate is to take every chance you have

to raise your placard and contribute to the committee as we assure you, all ideas and initiatives

are appreciated also remember to keep a balance between the formality of the conference and

committee sessions and having fun while enjoying this experience alongside us and the other

delegates.
We are beyond excited to see you all soon and we can’t wait to hear all your amazing inputs

and ideas and with that we wish you the best of luck!!!

-Your chairpersons, Sofia Mareș and Alexandra Tilincă


Introduction to the Commission on the Status of Women
(CSW)
The Commission on the Status of Women (CSW) is the premier global intergovernmental
body dedicated solely to promoting gender equality and women's empowerment. It was
founded as a functional commission of the Economic and Social Council (ECOSOC) by
ECOSOC Resolution 11(II) of June 21, 1946. The CSW is instrumental in promoting women's
rights, documenting the reality of women's lives worldwide, and shaping global standards for
gender equality and women's empowerment.

In 1996, in Resolution 1996/6 (see p. 20), ECOSOC expanded the Commission's mandate and
decided that it should take a leading role in monitoring and reviewing progress and problems
in the implementation of the Beijing Declaration and Platform for Action, as well as the
Incorporating a gender perspective into UN activities.

During the Commission's annual two-week meeting, representatives from the UN Member
States, civil society organisations, and UN entities meet at the UN Headquarters in New York.
They discuss progress and gaps in the implementation of the 1995 Beijing Declaration and
Platform for Action, the key global policy document on gender equality, and the 23rd Special
Session of the General Assembly in 2000 (Beijing+5), as well as emerging issues relating to
gender equality and women's empowerment.

Member States agree on further measures to accelerate progress and promote women's
enjoyment of their rights in political, economic, and social areas. The results and
recommendations of the individual each session are forwarded to ECOSOC for follow-up. UN
Women supports all aspects of the Commission's work. They also facilitate the participation of
civil society representatives working methods.

The Commission adopts multi-annual work programs to assess progress and make further
recommendations to accelerate the Platform for Action Implementation. These
recommendations take the form of negotiated agreed conclusions on a priority issue. The
Commission also contributes to the follow-up to the 2030 Agenda for Sustainable Development
to accelerate the achievement of gender equality and the empowerment of the Women's
Commission.

Key Terms:

1. The 1995 Beijing Declaration and Platform for Action or BPfA is a landmark document
for advancing the rights of women and gender equality worldwide agreed during the
4th World Conference on women in 1995.

2. The 2030 Agenda for Sustainable Development was launched by a UN Summit in New
York on 25-27 September 2015 and is aimed at ending poverty in all its forms. The UN
2030 Agenda envisages “a world of universal respect for human rights and human
dignity, the rule of law, justice, equality and non-discrimination”.

3. Gestational Age is the common term used during pregnancy to describe how far along
the pregnancy is. It is measured in weeks, from the first day of the woman's last
menstrual cycle to the current date. A normal pregnancy can range from 38 to 42 weeks.
Infants born before 37 weeks are considered premature.
4. Abortifacient herbs are those herbs that may induce miscarriage/abortion. The amounts
required to induce an abortion may pose toxicity risks to the mother, including kidney
and liver damage.

Past Actions:
The practice of induced abortion —the deliberate termination of a pregnancy—has been known
since ancient times. Various methods have been used to perform or attempt abortion, including
the administration of abortifacient herbs, the use of sharpened implements, the application of
abdominal pressure, and other techniques. A naturally occurring abortion that ends a pregnancy
sometimes is described as a "spontaneous" abortion or, with the more frequently used popular
euphemism, "miscarriage", to distinguish a difference between an induced abortion and a
naturally occurring one, but medically, abortion is the terminology applied to either natural or
induced.

Abortion laws and their enforcement have fluctuated through various eras. In much of the
Western world during the 20th century, abortion-rights movements were successful in having
abortion bans repealed. While abortion remains legal in most of the West, this legality is
regularly challenged by anti-abortion groups. The Soviet Union under Vladimir Lenin is
recognized as the first modern country to legalize induced abortion on demand. China used
induced abortion as a state ordered birth control method during an effort to reduce the
population in the twentieth century.

In the 19th-century, medicine saw tremendous advances in the fields of surgery, anaesthesia,
and sanitation. Social attitudes towards abortion shifted in the context of a backlash against the
women's rights movement. Abortion had previously been widely practiced and legal under
common law in early pregnancy (until quickening), and it was not until the 19th century that
the English-speaking world passed laws against abortion at all stages of pregnancy.

There were a number of factors that contributed to this shift in opinion about abortion in the
early 19th century. In the United States, where physicians were the leading advocates of
abortion criminalization laws, some of them argued that advances in medical knowledge
showed that quickening was neither more nor less crucial in the process of gestation than any
other step, and thus if one opposes abortion after quickening, one should oppose it before
quickening as well.

Practical reasons also influenced the medical field to impose anti-abortion laws. For one,
abortion providers tended to be untrained and not members of medical societies. In an age
where the leading doctors in the nation were attempting to standardise the medical profession,
these "irregulars" were considered a nuisance to public health.

The main argument against abortions brought by people in those times was of course religion.
Christians worldwide are against abortion, arguing that one’s life begins at conception and that
having an abortion means murdering your child. In Judaism, the mother’s life is a priority,
abortion being seen as a necessity sometimes.
Current Situation:
At various times abortion has been banned or restricted in countries around the world. Multiple
scholars have noticed that in many cases, this has caused women to seek dangerous, illegal
abortions underground or inspired trips abroad for "reproductive tourism". Half of the world's
current deaths due to unsafe abortions occur in Asia.

Around 73 million induced abortions take place worldwide each year. Six out of 10 (61%) of
all unintended pregnancies, and 3 out of 10 (29%) of all pregnancies, end in induced abortion.

Abortion is a simple health care intervention that can be effectively managed by a wide range
of health workers using medication or a surgical procedure. In the first 12 weeks of pregnancy,
a medical abortion can also be safely self-managed by the pregnant person outside of a health
care facility (e.g., at home), in whole or in part. This requires that the woman has access to
accurate information, quality medicines and support from a trained health worker (if she needs
or wants it during the process).

When people with unintended pregnancies face barriers to attaining safe, timely, affordable,
geographically reachable, respectful and non-discriminatory abortion, they often resort to
unsafe abortion.

Global estimates from 2010–2014 demonstrate that 45% of all induced abortions are unsafe.
Of all unsafe abortions, one third were performed under the least safe conditions, i.e., by
untrained persons using dangerous and invasive methods.

Developing countries bear the burden of 97% of all unsafe abortions. In Latin American and
Africa, the majority (approximately 3 out of 4) of all abortions are unsafe. In Africa, nearly
half of all abortions occur under the least safe circumstances.

Lack of access to safe, affordable, timely and respectful abortion care, and the stigma associated
with abortion, pose risks to women’s physical and mental well-being throughout the life-
course.
Inaccessibility of quality abortion care risks violating a range of human rights of women and
girls, including the right to life; the right to the highest attainable standard of physical and
mental health; the right to benefit from scientific progress and its realization; the right to decide
freely and responsibly on the number, spacing and timing of children; and the right to be free
from torture, cruel, inhuman and degrading treatment and punishment.

Each year, 4.7–13.2% of maternal deaths can be attributed to unsafe abortion. In developed
regions, it is estimated that 30 women die for every 100 000 unsafe abortions. In developing
regions, that number rises to 220 deaths per 100 000 unsafe abortions. Estimates from 2012
indicate that in developing countries alone, 7 million women per year were treated in hospital
facilities for complications of unsafe abortion.

Physical health risks associated with unsafe abortion include:

● incomplete abortion (failure to remove or expel all pregnancy tissue from the uterus);
● haemorrhage (heavy bleeding);

● infection;
● uterine perforation (caused when the uterus is pierced by a sharp object); and
● damage to the genital tract and internal organs as a consequence of inserting dangerous
objects into the vagina or anus.

Restrictive abortion regulation can cause distress and stigma, and risk constituting a violation
of human rights of women and girls, including the right to privacy and the right to non-
discrimination and equality, while also imposing financial burdens on women and girls.
Regulations that force women to travel to attain legal care, or require mandatory counselling
or waiting periods, lead to loss of income and other financial costs, and can make abortion
inaccessible to women with low resources.

Estimates from 2006 show that complications of unsafe abortions cost health systems in
developing countries US$ 553 million per year for post-abortion treatments. In addition,
households experienced US$ 922 million in loss of income due to long-term disability related
to unsafe abortion. Countries and health systems could make substantial monetary savings by
providing greater access to modern contraception and quality induced abortion.

A set of scoping reviews from 2021 indicate that abortion regulations – by being linked to
fertility – affect women’s education, participation on the labour market and positive
contribution to GDP growth. The legal status of abortion can also affect children’s educational
outcomes, and their earnings on the labour market later in life. For example, legalization of
abortion – by reducing the number of unwanted pregnancies and thus increasing the likelihood
that children are born wanted – can be linked to greater parental investments in children,
including in girls’ schooling.

Main Actors:

1. The United States of America

Abortion law in the USA has always been something that has been constantly debated upon
and therefore resulted in changes in the legislation, the biggest change taking place in the year
1937 when the famous Roe v Wade case had been ruled by the court ensuring that women that
bore a pregnancy were granted the right to a legal, safe abortion during the first trimester of
their pregnancy and for the following two, bans and legal restriction had been allowed
depending on the situation.

The fuel for all riots and protests regarding this topic nowadays is the decision of the court to
overturn the previous ruling, leaving the abortion decision up to states, no longer being a
constitutional right. According to the Guttmacher Institute, a research organization that
supports abortion rights, restrictive moments have already begun taking form in more than 20
states, varying from banning abortion the only exception being the mother’s life being at risk,
and making changes in the gestational age. Other states have taken actions to safeguard the
procedure, dividing the opinions and approaches.
Regarding the voice of the people, about 62 % of Americans sustain that abortions should be
legal in all or most cases, 29% of Americans believe in all cases, and 33%, believe it should be
lawful in the majority of situations. A third of American adults (36%) believe that abortion
should be prohibited in all (8%) or most (28%) circumstances. The public’s view of the
Supreme Court’s decision to overturn is also a disapproving one.
Already 13 states passed "trigger legislation" that will go into force now that Roe was
overturned. The Court's decision, according to several states, means that abortion regulations
from before 1973 are once again in force. Also, abortion advocates claim that the bans, which
have triggered a flurry of legal action, will disproportionately harm women from
underprivileged and underrepresented groups.
In liberal states, abortion is likely to remain legal. More than a dozen have legislation defending
the right to an abortion.
The Committee of the Elimination of Discrimination against Women declares its support for
women and girls in the United States and forcefully urges the country to ratify the Convention
on the Elimination of All Forms of Discrimination against
Women to uphold, defend, fulfill, and strengthen the human rights of women and girls.

2. The United Kingdom

The abortion law in the United Kingdom is defined by clear guidelines included in the Abortion
Act 1967. Through that act, abortion became accessible to pregnant women as long as certain
specified criteria were met in England, Scotland and Wales.
Abortion is legal up until 23 weeks and 6 days of pregnancy (gestation). If there is proof of a
fatal fetal anomaly or a serious risk to the mother's life, if she still decides to carry the
pregnancy, there is no gestational limit for abortions.

Abortion was decriminalized in Northern Ireland in 2019 and the new legal system went into
force in 2020. In Northern Ireland, abortion is now completely legal for up to 12 weeks. The
law applies in the same way to the rest of the UK after 12 weeks.

The criteria by which it acts sustains that for abortion to conform with the law firstly it has to
be authorized by two doctors after the assessment of the reasons and the situation at hand and
performed only by a doctor. Over the last following years, the status of abortion law in the UK
has enlarged it’s accessibility to abortion going from performing it to only preserve health, to
also be legally based on social and economic grounds. These are as such: if the gestational date
has not met 24 weeks and the ongoing pregnancy would result in irreversible harm to the
pregnant woman's or her unborn child's physical or mental health or if there is a significant
chance that they would be born with physical or mental defects.

Regarding the influence of the overturned Roe v Wane by the US Supreme Court, this will not
result in any changes to the abortion law in the UK, but anti-choice groups will undoubtedly
feel more empowered.
3. Nepal

The changes in abortion law from 2000 to 2022, have been the most drastic in Nepal going
from the act of abortion is completely prohibited to being legal on request in only 22 years.
Therefore, it represents an example of a fast scale-up regarding this issue that requires high-
quality care. The main reason for this drastic change was the high rate of maternal morbidity
that resulted from performing unsafe abortions due to the restrictions previously imposed in
2002.
Nepal’s abortion law had been implemented in 2008 and it supported that it was legal for
abortions to be performed for any reason if it fits in the 12 weeks gestational date and up to 28
weeks in cases that included incest or rape or a doctor identifies risks regarding the well being
of the mother’s or the unborn child’s life.

Several reasons, including conscious attention to the crucial areas of policy, health system
capacity, equipment and supplies, and information transmission, helped this vast country
quickly and successfully establish legal abortion. The pre-existence of post abortion care
services, through which healthcare providers were already familiar with the primary clinical
technique for safe abortion, alongside government leadership in coordinating complementary
contributions from a wide range of public- and private-sector actors played a significant role in
shaping this successful model of expanding safe legal abortion.

At least 500,000 Nepali women have been granted the availability of safe, legal abortion
services, alongside modern contraception, professional help, and services that could assist them
to prevent unplanned pregnancies, within a short period after the law changed, all due to the
stable plan the country followed to integrate safe abortion training and service delivery,
therefore substantially improving the situation.
However, there are still ways in which it can be improved even after all the high raise over the
years as even though abortion rights are classified as fundamental human rights, the still
ongoing difficulties include limited access, discrimination, and legal uncertainty.
4. Nicaragua

The abortion law in Nicaragua is known as one of the most, if not the most restrictive
worldwide. Due to the implementation of the penal code that dictates that abortion in all
circumstances is to be considered a crime, defined by any medical treatment of a pregnant
woman which results in the death of or injury to an embryo or fetus, 2006. The situation
unraveling is considered to be one in a crisis taking into account that according to the UN
Population Fund, the rate of maternal mortality and teenage pregnancy have been and still is
one of the highest in all of Americas Region, especially where the population groups are in
unfavorable conditions such as having a lower income or living in the rural region.

The consequences that women and girls have to suffer if they are to be reported to the
authorities by the doctors that are pressed between respecting the ethics code and the law the
country imposes, face sentences up to 2 years and for assisting in the procedure of any medical
professional faces being sentenced up to 6 years.

The effects this abortion law has on the population are endangering the lives of women and
girls who require assistance, a rise in the rate of domestic and sexual violence, and high risks
of unwanted pregnancy from rape.

Moreover, there are no local organizations available to enhance any kind of educational
programs or preventive measures. Neither are there any safety measures taken to prevent the
concerning problems and the issue of abortions is nowhere near being handled in a way to
ensure a bright future for all women and girls who are struggling.
Points to be addressed:

❖ What impact does the abortion law has on groups in vulnerable situations and groups
with marginalized identities, specifically adolescents and transgender individuals?
❖ What are the effects, and rights-related implications of the decriminalization of self-
management of abortion and assistance with self-management of abortion?
❖ How may the overruling of Roe V Wade influence abortion laws of countries, other
than the USA, on an international level?
❖ How to ensure the safety measures of the abortion law procedure?
❖ Should pregnancy be legal if it endangers the woman’s life or health?
❖ Is it ethical for abortions to be prohibited under all circumstances in some countries?
❖ How should gestational age be measured to ensure the accuracy of applying the abortion
law?
❖ What measures should be taken in cases of rape or incest which result in pregnancy?
❖ Based on what criteria should the social and economic grounds be settled?

Further Reading :
https://www.unwomen.org/
https://reproductiverights.org/
https://www.britannica.com/event/Roe-v-Wade
https://www.britannica.com/story/pro-and-con-abortion
https://www.guttmacher.org/state-policy/explore/overview-abortion-laws
https://www.nytimes.com/interactive/2022/us/abortion-laws-roe-v-wade.html
https://srhr.org/abortioncare/chapter-4/research-gaps-topics-for-further-research-4-3/
https://www.kff.org/womens-health-policy/press-release/abortion-in-the-united-states/
https://www.bpas.org/get-involved/campaigns/briefings/abortion-law/
https://reproductive-health-journal.biomedcentral.com/articles/
Abortion Statistics - Worldometer (worldometers.info)
Abortion (who.int)
Bibliography:
https://www.hrw.org/ https://safe2choose.org/
https://www.wma.net/policies-post
https://tbinternet.ohchr.org/
https://www.abortionislegalinohio.com/
https://www.washingtonpost.com/
https://patient.info/news-and-features/what-are-the-uk-abortion-laws
https://www.bbc.com/news/world-us-canada https://www.pewresearch.org/
Abortion (who.int)

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