Women suffer health issue generally because of their ability to reproduce.The reproductive rights of women means the right of women to attain the highest standard of sexual and reproductive health and at the same time achieving full participation in the social and economic life.It includes various rights of women such as-right to abortion, right to make her own decision regarding her body and her reproductive life, right to safe sex, right to procreation and to have family etc.Reproductive rights assure equality of relationship between men and women, respect for the integrity of the person, consent and responsibility for the sexual behaviour and its consequences.
International Perspective
. The first time when reproductive right was clearly mentioned was in Convention on the Elimination of Discrimination against Women (1979).
• At Alma Ata Conference in USSR in 1978, primary health care was exclusively discussed and access to family planning,maternal and child health care was accepted as basic human rights.
The Final Document of the Teran Conference on Human Rights, 1968, provides the “basic human right to decide freely and responsibly the number and spacing of children and the right to adequate education and information in this respect.”
• The Cairo Program further expanded the concept of reproductive rights as a state of complete physical, mental and social well-being.”
• The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) provides “the obligation to ensure the full development and advancement of women for the purpose of guaranteeing them the exercise and enjoyment of human rights where men and women have equal rights”.
• India is also a signatory country to the International Conference on Population and Development, 1994, and has determined to establish standards in family planning services including the right to reproductive autonomy and collective gender equality.
• Reproductive rights include various human rights that have been recognised under different international instruments.
• These are as follows :-
(1) Right to health, Reproductive health and family planning,
(2) Right to decide the number and spacing of children.
(3) Right to marry and found a family.
(4) Right to be free from gender discrimination.
(5) Right to be free from sexual assault and exploitation.
(6) Right not to be subjected to torture or other cruel, inhuman or degrading treatment.
(7) Right to life, liberty and security.
(8) Right to privacy.
(9) Right to modify customs that discriminate against
women.
(10) Right to enjoy scientific progress and to consent to experimentation.
•The various policies and laws shows their concern on health issues such as the National Population Policy, 2000, affirms the right to voluntary and informed choice in matters of family planning.
• Abortion in India is illegal if it is beyond the reason given under the Medical Termination of Pregnancy Act, 1971.
•Similarly, sex-determination of foetus is also made illegal under Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse)Act, 1994.
Reference – Law and Medicine by Dr. Nandita Adhikari.
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