Editing Reproductive rights (section)

==History==
===Proclamation of Tehran===
In 1945, the [[United Nations Charter]] included the obligation "to promote... universal respect for, and observance of, human rights and fundamental freedoms for all without discrimination as to race, sex, language, or religion". However, the Charter did not define these rights. Three years later, the [[United Nations|UN]] adopted the [[Universal Declaration of Human Rights]] (UDHR), the first international legal document to delineate [[human rights]]; the UDHR does not mention reproductive rights.  Reproductive rights began to appear as a subset of human rights in the 1968 Proclamation of Tehran, which states: "Parents have a basic human right to determine freely and responsibly the number and the spacing of their children".<ref name=teheran_proc />

This right was affirmed by the [[United Nations General Assembly|UN General Assembly]] in the 1969<ref>[https://www.ohchr.org/en/resources/educators/human-rights-education-training/6-declaration-social-progress-and-development-1969 Declaration on Social Progress and Development]</ref> which states "The family as a basic unit of society and the natural environment for the growth and well-being of all its members, particularly children and youth, should be assisted and protected so that it may fully assume its responsibilities within the community. Parents have the exclusive right to determine freely and responsibly the number and spacing of their children."<ref name="FREEDMAN"/><ref>{{cite web|url=http://www.unhchr.ch/html/menu3/b/m_progre.htm|title=unhchr.ch|website=Unhchr.ch}}</ref> The [[International Women's Year#International|1975 UN International Women's Year Conference]] echoed the Proclamation of Tehran.<ref>{{Cite web|title=Fourth World Conference on Women, Beijing 1995|url=https://www.un.org/womenwatch/daw/beijing/mexico.html|access-date=7 July 2020|website=www.un.org}}</ref>

===Cairo Programme of Action===
The twenty-year "Cairo Programme of Action" was adopted in 1994 at the [[International Conference on Population and Development]] (ICPD) in [[Cairo]]. The [[Non-binding resolution|non-binding]] Programme of Action asserted that governments have a responsibility to meet individuals' reproductive needs, rather than demographic targets. It recommended that [[family planning]] services be provided in the context of other reproductive health services, including services for healthy and safe childbirth, care for sexually transmitted infections, and [[post-abortion care]]. The ICPD also addressed issues such as [[violence against women]], [[sex trafficking]], and adolescent health.<ref name="Knudsen 2006 5–6">{{cite book |title=Reproductive Rights in a Global Context |last= Knudsen |first=Lara |year=2006 |publisher= Vanderbilt University Press |isbn=978-0-8265-1528-5 |pages=[https://archive.org/details/reproductiverigh0000knud/page/5 5]–6 |url=https://archive.org/details/reproductiverigh0000knud |url-access=registration |quote=reproductive rights. }}</ref> The Cairo Program is the first international policy document to define [[reproductive health]],<ref name="Knudsen 2006 5–6"/> stating:<ref name="COOK" />
<blockquote>Reproductive health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and its functions and processes. Reproductive health therefore implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so. Implicit in this last condition are the right of men and women to be informed [about] and to have access to safe, effective, affordable and acceptable methods of family planning of their choice, as well as other methods for regulation of fertility which are not against the law, and the right of access to appropriate health-care services that will enable women to go safely through pregnancy and childbirth and provide couples with the best chance of having a healthy infant [para. 72].</blockquote>

Unlike previous population conferences, a wide range of interests from grassroots to government level were represented in Cairo. 179 nations attended the ICPD and overall eleven thousand representatives from governments, [[non-governmental organization|NGOs]], international agencies and citizen activists participated.<ref name="Knudsen 2006 5–6"/> The ICPD did not address the far-reaching implications of the [[Epidemiology of HIV/AIDS|HIV/AIDS epidemic]]. In 1999, recommendations at the ICPD+5 were expanded to include commitment to AIDS education, research, and prevention of mother-to-child transmission, as well as to the development of vaccines and microbicides.<ref name="Knudsen 2006 7">{{cite book |title=Reproductive Rights in a Global Context |last= Knudsen |first=Lara |year=2006 |publisher= Vanderbilt University Press |isbn=978-0-8265-1528-5 |page=[https://archive.org/details/reproductiverigh0000knud/page/7 7] |url=https://archive.org/details/reproductiverigh0000knud |url-access=registration |quote=reproductive rights. }}</ref>

The Cairo Programme of Action was adopted by 184 UN member states. Nevertheless, many Latin American and Islamic states made [[Reservation (law)|formal reservations]] to the programme, in particular, to its concept of reproductive rights and sexual freedom, to its treatment of abortion, and to its potential incompatibility with [[Sharia|Islamic law]].<ref name="un.org">{{cite web|url=https://www.un.org/popin/icpd/conference/offeng/poa.html|title=A/CONF.171/13: Report of the ICPD (94/10/18) (385k)|website=Un.org|access-date=19 August 2017}}</ref>

Implementation of the Cairo Programme of Action varies considerably from country to country. In many countries, post-ICPD tensions emerged as the [[human rights]]-based approach was implemented. Since the ICPD, many countries have broadened their reproductive health programs and attempted to integrate maternal and child health services with family planning. More attention is paid to adolescent health and the consequences of unsafe abortion. Lara Knudsen observes that the ICPD succeeded in getting [[feminist]] language into governments' and population agencies' literature, but in many countries, the underlying concepts are not widely put into practice.<ref name="Knudsen 2006 7"/> In two preparatory meetings for the ICPD+10 in Asia and Latin America, the United States, under the George W. Bush administration, was the only nation opposing the ICPD's Programme of Action.<ref>{{cite book |title=Reproductive Rights in a Global Context |last= Knudsen |first=Lara |year=2006 |publisher= Vanderbilt University Press |isbn=978-0-8265-1528-5 |page=[https://archive.org/details/reproductiverigh0000knud/page/9 9] |url=https://archive.org/details/reproductiverigh0000knud |url-access=registration |quote=reproductive rights. }}</ref>

===Beijing Platform===
The 1995 [[Fourth World Conference on Women]] in Beijing, in its [[non-binding resolution|non-binding]] [[Beijing Declaration|Declaration]] and [[Beijing Platform for Action|Platform for Action]], supported the Cairo Programme's definition of reproductive health, but established a broader context of reproductive rights:<ref name="COOK" />
<blockquote>The human rights of women include their right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence. Equal relationships between women and men in matters of sexual relations and reproduction, including full respect for the integrity of the person, require mutual respect, consent and shared responsibility for sexual behavior and its consequences [para. 96].</blockquote> The Beijing Platform demarcated twelve interrelated critical areas of the human rights of women that require advocacy. The Platform framed women's reproductive rights as "indivisible, universal and inalienable human rights."<ref name="BUNCH">{{cite journal |doi=10.1086/495143 |jstor=3175048 |title=Beijing '95: Moving Women's Human Rights from Margin to Center |journal=Signs: Journal of Women in Culture and Society |volume=22 |issue=1 |pages=200–4 |year=1996 |last1=Bunch |first1=Charlotte |last2=Fried |first2=Susana |s2cid=144075825 }}</ref> The platform for the 1995 Fourth World Conference on Women included a section that denounced gender-based violence and included forced sterilization as a human rights violation.<ref>{{Cite book|title=Women, Violence, and the Human Rights System. Women, Gender, and Human Rights: A Global Perspective|last=Merry|first=S.E. |editor=M. Agosin|publisher=Rutgers University Press|year=2001|location=New Brunswick|pages=83–97}}</ref> However, the international community at large has not confirmed that women have a right to reproductive healthcare and in ensuing years since the 1995 conference, countries have proposed language to weaken reproductive and sexual rights.<ref>{{Cite journal|last=Nowicka|first=Wanda|date=2011|title=Sexual and reproductive rights and the human rights agenda: controversial and contested|journal=Reproductive Health Matters|volume=19|issue=38|pages=119–128|doi=10.1016/s0968-8080(11)38574-6|pmid=22118146|s2cid=206112752|issn=0968-8080}}</ref> This conference also referenced for the first time indigenous rights and women's rights at the same time, combining them into one category needing specific representation.<ref>{{Cite book|title={{title case|INDIGENOUS WOMEN'S MOVEMENTS IN LATIN AMERICA : gender and ethnicity in peru, mexico, and bolivia}}|author1=Rousseau, Stephanie|author2=Morales Hudon, Anahi|date=2019|publisher=PALGRAVE MACMILLAN|isbn=978-1349957194|oclc=1047563400}}</ref> Reproductive rights are highly politicized, making it difficult to enact legislation.<ref>{{Cite book|title=Reproductive politics : what everyone needs to know|last=Solinger, Rickie|date=27 February 2013|publisher=Oxford University Press |isbn=9780199811458|oclc=830323649}}</ref>

===Yogyakarta Principles===
The [[Yogyakarta Principles]] on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity, proposed by a group of experts in November 2006<ref name=YOGYABOUT>{{cite web|url=http://www.yogyakartaprinciples.org/principles_en_about.htm|title=About the Yogyakarta Principles|website=Yogyakartaprinciples.org|access-date=19 August 2017|url-status=dead|archive-url=https://web.archive.org/web/20160304122237/http://www.yogyakartaprinciples.org/principles_en_about.htm|archive-date=4 March 2016}}</ref> but not yet incorporated by States in international law,<ref>International Service for Human Rights, [http://www.ishr.ch/archive-general-assembly/933-majority-of-ga-third-committee-unable-to-accept-report-on-the-human-right-to-sexual-education Majority of GA Third Committee unable to accept report on the human right to sexual education ] {{webarchive|url=https://web.archive.org/web/20130515111556/http://www.ishr.ch/archive-general-assembly/933-majority-of-ga-third-committee-unable-to-accept-report-on-the-human-right-to-sexual-education |date=15 May 2013 }}</ref> declares in its Preamble that "the [[international community]] has recognized the rights of persons to decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free from coercion, discrimination, and violence." In relation to reproductive health, Principle 9 on "The Right to Treatment with Humanity while in Detention" requires that "States shall... <nowiki>[p]rovide</nowiki> adequate access to medical care and counseling appropriate to the needs of those in custody, recognizing any particular needs of persons on the basis of their sexual orientation and gender identity, including with regard to reproductive health, access to [[HIV/AIDS]] information and therapy and access to [[hormone therapy|hormonal]] or other therapy as well as to [[gender-affirming care|gender-reassignment treatments]] where desired."<ref>"The Yogyakarta Principles" Preamble and Principle 9. The Rights to Treatment with Humanity While in Detention</ref> Nonetheless, African, Caribbean and Islamic Countries, as well as the [[Russian Federation]], have objected to the use of these principles as Human Rights standards.<ref>United Nations General Assembly, Official Records, Third Committee, [http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N09/576/53/PDF/N0957653.pdf?OpenElement Summary record of the 29th meeting held in New York, on Monday, 25 October 2010, at 3 p.m] {{webarchive|url=https://web.archive.org/web/20120927135721/http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N09/576/53/PDF/N0957653.pdf?OpenElement |date=27 September 2012 }}. For instance, [[Malawi]], speaking on behalf of all African States, argued that the Yogyakarta Principles were "controversial and unrecognized," while the representative of the Russian Federation said that they "had not been agreed to at the intergovernmental level, and which therefore could not be considered as authoritative expressions of the opinion of the international community" (para. 9, 23).</ref>

===State interventions===
State interventions that contradict at least some reproductive rights have happened both under right-wing and left-wing governments. Examples include attempts to forcefully increase the birth rate – one of the most notorious [[natalist]] policies of the 20th century was that which occurred in [[communist Romania]] in the period of 1967–1990 during communist leader [[Nicolae Ceaușescu]], who adopted a very aggressive natalist policy which included outlawing abortion and contraception, routine pregnancy tests for women, [[Tax on childlessness|taxes on childlessness]], and legal discrimination against childless people – as well as attempts to decrease the fertility rate – [[China]]'s [[one child policy]] (1978–2015). State mandated [[forced marriage]] was also practiced by authoritarian governments as a way to meet population targets: the [[Khmer Rouge]] regime in [[Cambodia]] systematically forced people into marriages, in order to increase the population and continue the revolution.<ref>{{cite web|url=http://www.d.dccam.org/Abouts/Intern/Natalae_Forced_marriage.pdf |first=Natalae|last=Anderson|title=Memorandum: Charging Forced Marriage as a Crime Against Humanity|date=22 September 2010|website=D.dccam.org|access-date=19 August 2017}}</ref> Some governments have implemented racist policies of [[forced sterilizations]] of 'undesirable' ethnicities. Such policies were carried out against ethnic minorities in Europe and North America in the 20th century, and more recently in Latin America against the Indigenous population in the 1990s; in [[Peru]], President [[Alberto Fujimori]] (in office from 1990 to 2000) has been accused of [[genocide]] and [[crimes against humanity]] as a result of a sterilization program put in place by his administration targeting indigenous people (mainly the [[Quechua people|Quechuas]] and the [[Aymara people|Aymaras]]).<ref>{{cite web|url=http://news.bbc.co.uk/2/hi/americas/2148793.stm|title=BBC NEWS – World – Americas – Mass sterilisation scandal shocks Peru|website=News.bbc.co.uk|access-date=19 August 2017|date=24 July 2002}}</ref>