The Cost of Silence: The Criminalization of Abortion in Botswana-Between Public Morality and Reproductive Rights
Bennet Ramasedi B
Abstract
This paper explores the criminalization of abortion in Botswana through three intersecting lenses: legal positivism versus natural law, feminist legal theory, and the public health perspective. It makes the case that the strict abortion law in Botswana which are deeply rooted in a misplaced sense of morality, presented as moral conservatism and colonial legal traditions, continue to silence women’s reproductive autonomy and rights, thus they continue to perpetuate inequality. The discussion illustrates how the reliance of the state on moral and religious reasoning continues to undermine women’s rights and public health outcomes, leading to unsafe abortions and preventable maternal deaths. Ultimately, the paper calls for a rights-based reform of Botswana’s abortion laws that harmonizes moral values with constitutional and international human rights obligations.
