Forced pregnancy as a form of sexual violence
Year: 2026
Type: article
Abstract: The article examines the concept of forced pregnancy as a separate criminal law phenomenon that combines elements of sexual violence, deprivation of reproductive control, and gross violation of human rights. The nature of forced pregnancy is outlined: it is not simply a consequence of rape, but a separate form of violence that can be used to coerce or control a woman's reproductive choices. Particular attention is paid to the provisions of the Rome Statute of the International Criminal Court, according to which forced pregnancy is classified as a crime against humanity or a war crime, provided that the act is linked to armed conflict and is systematic or widespread in nature. Three components of this crime have been established: the unlawful imprisonment of a woman, her forced pregnancy, and the presence of a specific intent — to influence the ethnic composition or commit serious violations of international law. In addition, the European Court of Human Rights ruling in the case of Alicja Tysiąc highlights the problem of refusal of medical abortions, which has led to serious health consequences — although not a direct case of forced pregnancy, it illustrates the barriers to access to reproductive rights. For its part, the British organization Amnesty International has provided a thorough legal justification for this crime: it constitutes a significant violation of a woman's sexual and reproductive rights and has complex consequences for her physical, psychological, and socio-economic situation, and can also be used as an instrument of ethnic or political violence. In conclusion, it is emphasized that forced pregnancy is a form of reproductive violence with deep socio-political undertones, which acts as an element of the leveling of women's autonomy, human dignity, and ethnic identity. In order to counteract this phenomenon, it is necessary to integrate international standards into national legislation, actively document crimes, establish effective protection mechanisms, and ensure international legal responsibility. Keywords: forced pregnancy, international crime, crime against humanity, war crime, Rome Statute, sexual violence, war in Ukraine, reproductive rights, genocide, criminal law, International Criminal Court, implementation of international law.
Authors: Volodymyr Ortynskyi, Dana Tsukanova
Institution: Lviv Polytechnic National University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7214242478