Homepage Search this site Repository (ODIHR only)
About Us
What is Legislationline.org? Legislative Support Unit Factsheet
Search by Topic
Administrative Justice Anti-Discrimination Citizenship Counter-Terrorism Elections Gender Migration Police Trafficking in Human Beings Freedom of Assembly Freedom of Association Access to Information and Data Protection Death Penalty Prison Service (in progress) Fair Trial (Right to a) (in progress) Independence of the Judiciary Hate Crimes Freedom of Religion National Human Rights Institutions
Search by Country
Site map
Contact:legislationline@odihr.pl
 

Reproductive rights and access to healthcare system

Although there is no specific right to reproductive freedom under any international treaty, reproductive rights are firmly rooted in the most basic human rights principles guaranteed by international law. Reproductive rights can be divided into the right to reproductive health care and the right to reproductive self-determination. Moreover, it is argued that the right to reproductive freedom has become universal based on the fundamental rights to life, equality, privacy, and health. The ways that courts and committees interpret the rights or freedoms and how the interpretations are implemented in domestic laws is what remains to be harmonized.

Significantly, the consensus documents signed at the 1994 United Nations International Conference on Population and Development and the 1995 United Nations Fourth World Conference on Women (Beijing) explicitly affirm the integral nature of these specific rights to international human rights. In June 2000, delegates from more than 180 countries gathered to review progress on the implementation of the 1995 Beijing Platform for Action. Moreover, the final document agreed to at the "Beijing + 5" conference renewed the commitment, upheld reproductive rights provisions from the Beijing Platform and included key gains in the area. It has been recognized that government interference with the individual's exercise of the right or freedom is an intrusion into the individual's human right.

Reproductive health is a fundamental aspect of women's well being. Without access to safe, high quality reproductive health services, women are left vulnerable to death or injury during childbirth, unwanted pregnancy, and sexually transmissible infections. The right to reproductive health care puts the onus on governments both to ensure the availability of reproductive health services and to remove existing legal barriers to such care. Reproductive health care should be comprehensive. Importantly, women must have access to information about their reproductive health opportunities as well as to resources necessary to act on that information.

Along with the right to reproductive health, reproductive rights are composed of the right to reproductive self-determination. The right to reproductive self-determination is based upon three interrelated rights, including the right to plan one's family, the right to freedom from interference in reproductive decision-making and the right to be free from all forms of violence, discrimination and coercion that affect a women's reproductive life.

International treaties define the right to plan one's family as the right to determine "freely and responsibly" the number and spacing of one's children, and to have the information and means necessary to do so. The right to plan one's family gives rise to a governmental duty to ensure that men and women have equal access to a full range of contraceptive choices and reproductive health services, and that they have information about sexual and reproductive health. The right to freedom from interference in reproductive decision-making relates to broader principles of bodily autonomy. This principle has roots in the right to respect for human dignity, the rights to liberty and security of the person, and the right to privacy. Reproductive self-determination also implies the right to be free from all forms of violence and coercion that affect a woman's sexual or reproductive life.

Analysis provided by: Maggie Smieszek, Legal Expert.

More
 

Search international norms and standards

 

Search by Country: Reproductive rights and access to healthcare system


ODIHR documentation center