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The Contradiction in Disability LawSelective Abortions and Rights$
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Smitha Nizar

Print publication date: 2016

Print ISBN-13: 9780199466658

Published to Oxford Scholarship Online: September 2016

DOI: 10.1093/acprof:oso/9780199466658.001.0001

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Disability-selective Abortions in National and International Law

Disability-selective Abortions in National and International Law

(p.142) Chapter Six Disability-selective Abortions in National and International Law
The Contradiction in Disability Law

Smitha Nizar

Oxford University Press

The justifiability or legality of disability-selective abortion law has been assessed in this chapter. Persons with disabilities were not the lone group of people targeted to select out. A similar situation had sustained against women in India. The technological advancements such as prenatal diagnostic tests have caused to further the long persisting social prejudice against girl children in India. Until law intervened, such practices were unproblematic in our society. However, while intervening with such prejudice, the legislature has permitted to sustain it against disability. The contradictory legal position towards disability brings however, the legal discrimination against persons with disabilities. In contrast to the legal nuances of UNCRPD, treating disability as an abnormality and preventing births of infants with disabilities discriminates against persons with disabilities. Consequently, both PNDT Act and MTP Act, the national law on abortion, violate the international law UNCRPD.

Keywords:   PNDT Act, MTP Act, UNCRPD, legality, contradiction of law, female infanticide, foeticide, social opprobrium, ratification of UNCRPD, State responsibility

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