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Reproductive rights are a subset of human rights relating to sexual reproduction and reproductive health. Advocates of reproductive rights support the right to control one's reproductive functions, such as the rights to reproduce (as in opposition to compulsory sterilization and forced contraception), as well as rights to not reproduce (including support for access to birth control and abortion), the rights to privacy, medical coverage, contraception, family planning and protection from discrimination, harassment and gender-oriented harm.
While the term is often associated with the pro-choice position, which states that abortion should be a legal option for any pregnant woman, reproductive rights encompass more than just abortion. Reproductive rights first became an internationally-recognized subset of human rights at the United Nation's 1968 International Conference on Human Rights. The sixteenth article of the Proclamation of Tehran states, "Parents have a basic human right to determine freely and responsibly the number and the spacing of their children." Reproductive rights advocates work to secure affordable access to abortion, contraception, as well as education about contraception and sexually transmitted infections, and freedom from coerced sterilization and contraception, for both men and women. In addition, reproductive rights advocates endeavor to protect all women from harmful gender-based practices. Examples include cultural practices such as female genital cutting, or FGC, as well as state, customary and religious laws that contribute to women's political and economic disenfranchisment.
History of reproductive rights
Reproductive rights first became an internationally-recognized subset of human rights at the United Nations' 1968 International Conference on Human Rights.
Reproductive rights as a women's issue
Organizations such as the Center for Reproductive Rights, the United Nations Population Fund, the World Health Organization and the National Organization for Women pursue reproductive rights with a primary emphasis on women's rights. While much attention has been paid to abortion rights as one aspect of reproductive rights, groups focus on a range of issues from access to family planning services, sex education, the reduction of obstetric fistula, and menopause, to the relationship between reproductive health and economic status.
There has also been an attempt to look at micro and macro conditions that affect a woman's access to reproductive health care. The term reproductive justice has been used to describe these broader social and economic issues. Proponents of reproductive justice argue that while the right to legalized abortion and contraception applies to everyone, these choices are only meaningful to those with resources, and that there is a growing gap between access and affordability (Kirk, Okazawa-Rey 2004).
Reproductive rights in the United States
In the United States, the public debate surrounding reproduction rights is often about abortion rights. Reproductive rights advocates often support a woman's right to abortion and contraception from within the context of the right to privacy, or freedom from governmental interference, supporting legalized contraception and abortion.
In the United States Constitution, the right to privacy has been interpreted to include reproductive rights, as seen in numerous Supreme Court cases. Three important cases are Griswold v. Connecticut (1965), Eisenstadt v. Baird (1972), and Roe v. Wade (1973). In Griswold v. Connecticut, the Supreme court overturned a state law prohibiting the use of contraceptives, which establishd a constitutional right to privacy and legalized contraception for married people. Eisenstadt v. Baird extended the right to use contraceptives to unmarried people. Roe v. Wade legalized abortion on a federal level.
The term procreative liberty was coined by John A. Robertson, a professor of law and bioethics at the University of Texas School of Law.
Reproductive rights as a men's issue
Organizations such as the National Center for Men (NCM) have claimed that reproductive rights should apply equally to men.] The NCM brought a case to the United States sixth circuit Court of Appeals, which they label "Roe vs. Wade For Men." They argue, "The practical intent and effect of Roe vs. Wade was to permit a woman to engage in intimate sexual activity while, at the same time, choosing not to be a parent, even in the event of a contraceptive failure... that is the fundamental right created by 'Roe.' By its very nature, this is a fundamental right that must apply regardless of biology. It cannot survive both as a fundamental right and as a limited right, limited only to people with internal reproductive systems." They further argue that men have been "forced to relinquish reproductive choice as the price of intimacy," and that "no woman could have been forced to pay that price."]Time Magazine reported in 2006 that the arguments of NCM Director Mel Feit gain force "as more and more states pass laws requiring, as part of pre-abortion counseling, that pregnant women be informed that the baby's father has a legal obligation to pay child support."
References
- Cook, Rebecca J. (1996). "Advancing Reproductive Rights Beyond Cairo and Beijing". International Family Planning Perspectives. 22 (3): 115–121. Retrieved 2007-12-08.
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The first comprehensive statement of human rights, the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, failed to mention reproductive rights at all. It was not until 20 years later, at the international human rights conference held in Teheran in 1968, that human reproduction became a subject tof international legal concern. The Final Act of the Teheran conference included a provision stating "Parents have a basic human right to decide freely and responsibly on the number and spacing of their children and a right to adequate education and information in this respect (United Nations, 1968)
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- "Proclamation of Tehran". International Conference on Human Rights. 1968. Retrieved 2007-11-08.
- Freedman, Lynn P. & Stephen L. Isaacs (Jan. - Feb., 1993). "Human Rights and Reproductive Choice". Studies in Family Planning 24 (1), 18–30.
- "About Us". Center for Reproductive Rights. Retrieved 2007-11-08.
See also
External links
- Center for Reproductive Rights
- The National Organization for Women
- Ipas
- The League of Women Voters on Reproductive Choice
- UNFPA Population Issues: Reproductive Rights
- NARAL Pro-Choice America
- Planned Parenthood
- American Civil Liberties Union