The Doctrine of Foetal Personhood: Implications for the Liberalization of Abortion Law in Sub-Saharan Africa

Abstract

Since the ICPD conference in 1994, liberalization of abortion laws has continued to be a significant part in reproductive health discuss due to its implication on intentional health care services. The politics and law of abortion reform across Sub-Saharan Africa turn, repeatedly and predictably, on the question of foetal personhood: whether the foetus is understood by law to be a rights-bearing person, and at what point that status begins. In Sub-Saharan Africa where legal regimes range from highly restrictive to comparatively liberal, assertions of foetal personhood have been said to influence statutory drafting, judicial interpretation, and legislative politics even in countries undergoing incremental liberalization. Using conceptual and comparative legal analysis, this paper examines the doctrinal roots and varieties of foetal personhood as one of the theoretical foundations that underpins the conservative stance of most legal provisions and judicial interpretation of extant laws on the subject. It finds that the doctrine has practical effects on efforts to liberalize abortion laws in the region and reframing foetal personhood in legal and policy discourse can enable reforms that prioritize pregnant persons’ bodily autonomy and public health over foetal rights. The paper concludes with normative and pragmatic recommendations for policymakers, advocates, and judges seeking to advance safe, rights-based access to abortion while navigating personhood claims.