Women's Human Rights Resources Database

The beginning of this article defines what is currently meant by "reproductive rights" and describes how the concept of reproductive rights developed in international law. The author notes that the existence of laws ensuring reproductive freedom and choice is no guarantee that reproductive health will be attained as there exist institutional, legal, and social barriers to the enjoyment of reproductive freedom and choice. Furthermore, the author argues that a rights-based approach may not only be inappropriate in the context of reproductive health, it may also be detrimental to the interests of women. The author offers suggestions to women's health advocates on how best to promote reproductive health. [Descriptors: Reproductive Rights - Reproductive Freedom, International]

Existing case law under human rights treaties, in particular Article 8 of the European Convention on Human rights,includes several findings and interpretations related to sexual rights.The sexual identity and orientation of a person, as well as his or her sexual autonomy and integrity have found protection under the right to respect for one's private and family life. Among other important treaty provisions giving protection to sexual rights in the framework of international human rights law are the prohibition of torture and other inhuman or degrading treatment, the prohibition of discrimination, the right to a fair trial and the right to marry and to found a family. Under humanitarian law rape,one of the main forms of violations of sexual integrity and autonomy, is defined as a crime against humanity, with the consequence of individual criminal responsibility arising. Rape committed by a public official during detention has been defined as a form of torture by the European Court of Human Rights. Positive state obligations exist under the right to respect for an individual's private life to sanction rape or other breaches of sexual autonomy and integrity when committed by other private individuals.Sexual identity and its manifestations, again, enjoy protection under the right to private and family life, as has been shown by international case law related to homosexuality and transsexualism. Here, the autonomous and independent non-discrimination clause in Article 26 of the nternational Covenant on Civil and Political Rights is a basis for further guarantees.

This article assesses the impact of international human rights law on challenging the prohibitions on abortion in Latin America. The author focuses on analyzing four significant international challenges brought against Peru, Mexico, and El Salvador. She argues that the overall impact of international human rights law has been relatively limited and overwhelmingly late. The reasons provided for this are numerous, however, attention is particularly focused on the controversies surrounded by abortion. Consequently, the author suggests that by progressively challenging prevailing attitudes, taking affirmative measures to eradicate social barriers that inhibit women, and challenging gender stereotypes can assist in developing abortion rights in latin America.

This article begins by noting that the development and use of new reproductive technologies (NRTs) is often justified by appealing to the right to reproduce. The author finds that a right to procreate does not exist under Canadian law or international law. The author argues that legislators should not provide formal protection for such a right because it would be legally and morally problematic to do so. An examination is made of other procreative rights claims and of the concepts that underlie arguments about reproductive entitlement. [Descriptors: Reproductive Rights - Reproductive Freedom, International]

This article explores how in the forty years since Roe v Wade, a case in which constitutional protections for women’s decision whether to end a pregnancy was founded in the Due Process Clauses, the US Supreme Court came to understand abortion rights as an equality right and a liberty right. The authors explore how equality arguments have appeared in US court decisions, and why it might be politically significant that abortion rights are tied to equality values.

This article examines the role of CEDAW and its potential power as a treaty monitoring body in increasing access to modern contraception. The author points out that while modern contraception has been widely recognized as a reproductive right under international human rights law, unmet needs for it remain high, particularly in developing countries. The author draws on empirical research, the example of CEDAW’s influence on abortion rights, and the domestic politics theory of treaty compliance to centre CEDAW as a potential changemaker. The author argues that in certain conditions, CEDAW can pressure member states to reduce unmet needs by mobilizing domestic actors to influence national policies, laws, and investments aimed at increasing access to contraception. Finally, the author highlights specific CEDAW enforcement mechanisms that are especially effective and argues that the body should focus its attention on Sierra Leone and Haiti in particular due to their high unmet needs for contraception and high maternal mortality rate.

This article examines the social dimensions of HIV/AIDS and its impact on international women's human rights, particularly the right to health. The author argues that efforts to minimize the spread of the pandemic should employ a multidimensional approach, dealing with all traditional and cultural practices that render women vulnerable to AIDS. In Part I, the article discusses the social impact of HIV/AIDS with specific reference to women in developing countries. Part II examines the right to health in light of international law. Part III recommends the adoption of a holistic approach, both to strengthen human rights protection and to reduce the impact of socio-cultural factors on the spread of the disease. [Descriptors: Reproductive Rights - HIV/AIDS, International]

This article proposes that the US take a more positive role in advancing international human rights by reaffirming its historic commitment to international family planning efforts. The author suggests this can be achieved by rescinding the "Mexico City Policy" which terminated all U.S. aid to family planning services engaging in abortion related activities or speech; repealing the Helms Amendment which prohibits direct funding of abortion via non-governmental organizations; and explicitly applying internationally accepted human rights norms to the US population program. The author argues that a rights analysis is essential for three reasons: 1) it will help to avoid the rights violations that have marred family planning programs in the past; 2) it is demanded by grave global problems of reproductive choice; and 3) addressing the issue from a rights perspective may help to empower Third World women to address other aspects of their oppression. [Descriptors: Reproductive Rights - Abortion, International]

This paper explores limitations that differ in various jurisdictions on the right of women to practice their religious beliefs, or be compelled to practice other religious beliefs. In section II(1) this author assumes the rational choice of an adult woman to undergo FGC and state interference. She notes that there could be a risk of harm external to the woman, such as future, unborn children or spouses and partners, which she feels may justify a "harm based" limitation, but failing which she feels that a rational decision to have a FGC performed should be outside the realm of governmental interference. [Descriptors: Reproductive Rights - Female Genital Cutting, International]

This article asserts that women's reproductive rights have not been acknowledged as international human rights because of the reluctance of international tribunals to criticize domestic policy in this area. The article examines the use of the margin of appreciation doctrine by the European Court in the case of Open Door Counseling Ltd. and Dublin Well Woman Centre Ltd. v Ireland. The author argues that the European Court has been hesitant to establish uniform norms in light of cultural differences among signatory states and concludes that the refusal of the court to incorporate women's needs, views and experiences when interpreting the Convention threatens not only women, but also the credibility of the fundamental rights framework of the Convention. [Descriptors: Applying Human Rights Law - International, Reproductive Rights - Overview, International - Europe]

The Vienna Declaration and Programme of Action called upon the monitoring bodies of the international human rights treaties to include the human rights of women in their deliberations and findings. This article explores whether the Human Rights Committee sufficiently includes human rights related to the reproductive concerns of women in its work. The author argues that although the Human Rights Committee pays some attention to reproductive issues that affect women, it does not often acknowledge individual rights in this respect and as such does not fully promote and protect the dignity and human rights of women in this field.

This article discusses the social and political significance of access screening for reproductive services. The author argues that access screening lacks a defensible rationale, and is inconsistent with the notion of equality and self-determination. She argues that access screening for reproductive services violates individual and group human rights. The article makes the case that no community for whom individual and group human rights are important should allow access screening, even where it purports to be for a benign use. Given that reproductive choice is controversial, legal regulation prohibiting access screening may be required in most jurisdictions. The article concludes by stating that resources used in access screening should be redirected to providing reproductive information and counselling programs.

The article discussed the importance of a consistent and concerted approach to the recognition of reproductive rights violations in the application of all transitional justice, and proactive inclusion of reproductive rights in post-conflict constitutional, legal, and policy reform. The article is divided into three sections: Part one discusses the international legal foundations for reproductive rights as well as some of the reproductive health issues central to most conflict-ridden societies; Part two discusses reproductive rights violations as considered by tribunals, and a general institutional reform in health sectors; Part three discusses the relationship between the empowerment that results from justice and truth-seeking for women who have suffered reproductive rights violations, and from a country's successful transition to post-conflict stability.

This article begins by assessing various social policy approaches to the AIDS epidemic and reviews the benefits of addressing AIDS through a social vulnerability framework. The author advocates utilizing a human rights approach as opposed to a public health approach to these issues. The second part of the article discusses how an appropriate response to gender and HIV/AIDS can be facilitated through the protections under existing human rights documents. The remainder of the article focuses on the actions of United Nations organizations and the NGO community in incorporating the human rights framework into their HIV/AIDS programs. [Descriptors: Reproductive Rights - HIV/AIDS, International]

This article explores impact litigation, an increasingly important tool for bringing about positive change for human rights, in a reproductive rights context. The author seeks to address a gap in the literature by proposing a mechanism through which human rights lawyers and other actors can measure the effectiveness of impact litigation at the individual, government, and general population levels. In order to do this, the author first provides background on the history and increasing role of impact litigation through U.N. mechanisms. She then uses a reproductive health decision by a U.N. treaty monitoring body, L.C. v Peru, as a case study through which to propose a set of criteria for measuring the effect of the case on L.C., the individual rights holder, the Peruvian government, and on the larger international community. The author ends by recognizing that impact litigation is only one part of a multifaceted strategy to ensuring that the actual outcome of a decision progresses women’s reproductive rights.

In this article, the author asserts that Female Genital Cutting (FGC) or Female Genital Mutilation (FGM) is inextricably linked with female sexuality, most frequently to efforts to limit sexual desire and ensure chastity. The author argues that as a method to control women's sexuality, FGC should be recognized as a form of torture that is situated in a larger system of discrimination against women. The author further analyzes possible redress through local courts and international courts using international human rights treaties. [Descriptors: Reproductive Rights - Female Genital Cutting, International]

This article recommends an exchange between the human rights and public health fields by abandoning the traditional characterizations of rights as individualistic and health collectivist. In the author's approach, laws and policy become essential elements of a health analysis while the need for trade-offs is recognized in a rights analysis. The author uses case studies of trafficking, gender-based violence, internally displaced persons, sexual orientation and maternal mortality to explore similarities and differences between the health and human rights fields. Four issues are examined: (1) the underlying philosophies, (2) goals and outlooks, (3) strategies and roles, and (4) methods. [Descriptors: Reproductive Rights - Safe Motherhood, International]