Editing Reproductive rights (section)

==Human rights==
[[File:Family planning Ethiopia (good effects).JPG|thumbnail|right|Placard showing positive effects of [[family planning]] (Ethiopia)]]
{{See also|Human rights}}
Human rights have been used as a framework to analyze and gauge abuses, especially for coercive or oppressive governmental policies. The framing of reproductive (human) rights and population control programs are split along race and class lines, with white, western women predominately focused on abortion access (especially during the second wave feminism of the 1970–1980s), silencing women of colour in the Global South or marginalized women in the Global North (black and indigenous women, prisoners, welfare recipients) who were subjected to forced sterilization or contraceptive usage campaigns.<ref>{{Cite journal|last=Wilson|first=K.|date=2017|title=In the name of reproductive rights: race, neoliberalism and the embodied violence of population policies|url=https://eprints.bbk.ac.uk/20444/1/Kalpana%20Wilson%20New%20Formations%202017.pdf|journal=New Formations|volume=91|issue=91|pages=50–68|doi=10.3898/NEWF:91.03.2017|s2cid=148987919}}</ref> The hemisphere divide has also been framed as Global North feminists advocating for women's bodily autonomy and political rights, while Global South women advocate for basic needs through poverty reduction and equality in the economy.<ref>{{Cite book|title=Globalization of the Local/Localization of the Global: Mapping Transnational Women's Movements. In Feminist Theory Reader: Local and Global Perspectives|last=Basu|first=A. |editor=C. R. a. K. McCann, Seung-kyung)|publisher=Routledge|year=2000|location=United Kingdom|pages=68–76}}</ref>

This divide between first world versus third world women established as feminists focused on women's issues (from the first world largely promoting sexual liberation) versus women focused on political issues (from the third world often opposing dictatorships and policies).<ref>{{Cite book|title=The politics of motherhood maternity and women's rights in twentieth-century Chile|author=Mooney, Jadwiga E. Pieper|date=2009|publisher=University of Pittsburgh Press|isbn=9780822960430|oclc=690336424}}</ref>  In Latin America, this is complicated as feminists tend to align with first world ideals of feminism (sexual/reproductive rights, violence against women, domestic violence) and reject religious institutions such as the Catholic Church and Evangelicals, which attempt to control women's reproduction. On the other side, human rights advocates are often aligned with religious institutions that are specifically combating political violence, instead of focusing on issues of individual bodily autonomy.<ref>{{Cite book|title=Feminist and human rights struggles in Peru : decolonizing transitional justice|author=Bueno-Hansen, Pascha|publisher=University of Illinois Press|year=2015|isbn=9780252097539|location=Urbana|oclc=1004369974}}</ref>

The debate regarding whether women should have complete autonomous control over their bodies has been espoused by the United Nations and individual countries, but many of those same countries fail to implement these human rights for their female citizens. This shortfall may be partly due to the delay of including women-specific issues in the human rights framework.<ref>{{Cite book|title=Women's Rights as Human Rights: Women as Agents of Social Change. Women, Gender, and Human Rights: A Global Perspective|last=Kaplan|first=T. |editor=M. Agosin|publisher=Rutgers University Press|year=2001|location=New Brunswick|pages=191–204}}</ref> However, multiple human rights documents and declarations specifically proclaim reproductive rights of women, including the ability to make their own reproductive healthcare decisions regarding family planning, including: the UN Declaration of Human Rights (1948),<ref>{{Cite journal|title=Universal declaration of human rights|journal=Radical Teacher|date=28 May 2014|volume=113|pages=56–57|doi = 10.18356/b0fc2dba-en|s2cid=197795262 |url = http://radicalteacher.library.pitt.edu/ojs/index.php/radicalteacher/article/view/591|url-access=subscription}}</ref> The Convention on the Elimination of All Forms of Discrimination Against Women (1979),<ref>{{Cite journal|last1=Marsha A|first1=Freeman|last2=Christine|first2=Chinkin|last3=Beate|first3=Rudolf|date=1 January 2012|title=Violence Against Women|journal=The UN Convention on the Elimination of All Forms of Discrimination Against Women|volume=1|doi=10.5422/fso/9780199565061.003.0019}}</ref> the U.N.'s Millennium Development Goals,<ref>{{Cite web|url=https://www.un.org/millenniumgoals/|title=U.N. Millennium Development Goals}}</ref> and the new [[Sustainable Development Goals]],<ref>{{Cite web|url=https://www.un.org/sustainabledevelopment/sustainable-development-goals/|title=U.N. Sustainable Development Goals}}</ref> which are focused on integrating universal reproductive healthcare access into national family planning programs.<ref>{{Cite journal|last=Murray|first=Christopher, J.L.|date=2015|title=Shifting to Sustainable Development Goals – Implications for Global Health|journal=New England Journal of Medicine|volume=373|issue=15|pages=1390–1393|doi=10.1056/NEJMp1510082|pmid=26376045}}</ref> Unfortunately, the 2007 Declaration on the Rights of Indigenous Peoples, did not address indigenous women's reproductive or maternal healthcare rights or access.<ref>{{Cite journal|last1=Bant|first1=Astrid|last2=Girard|first2=Françoise|date=2008|title=Sexuality, health, and human rights: self-identified priorities of indigenous women in Peru|journal=Gender & Development|volume=16|issue=2|pages=247–256|doi=10.1080/13552070802120426|s2cid=72449191|issn=1355-2074}}</ref>

Since most existing legally binding [[international human rights instruments]] do not explicitly mention sexual and reproductive rights, a [[Epistemic community (international relations)|broad coalition]] of NGOs, civil servants, and experts working in [[international organizations]] have been promoting a reinterpretation of those instruments to link the realization of the already internationally recognized human rights with the realization of reproductive rights.<ref>Amnesty International, [https://www.amnesty.org/en/human-rights-defenders/issues/challenges/srr-defenders Defenders of Sexual and Reproductive Rights] {{webarchive|url=https://web.archive.org/web/20131002004052/http://www.amnesty.org/en/human-rights-defenders/issues/challenges/srr-defenders |date=2 October 2013 }}; [http://www.iwhc.org/index.php?option=com_content&task=view&id=3326&Itemid=548 International Women's Health Coalition and the United Nations],  [http://www.iwhc.org/index.php?option=com_content&task=view&id=205&Itemid=110 Campaign for an Inter-American Convention on Sexual and Reproductive Rights], Women's Health Collection, [http://www.thefreelibrary.com/_/print/PrintArticle.aspx?id=105915323 Abortion as a human right: possible strategies in unexplored territory. (Sexual Rights and Reproductive Rights)], (2003); and Shanthi Dairiam, [http://www.thefreelibrary.com/_/print/PrintArticle.aspx?id=90988094 Applying the CEDAW Convention for the recognition of women's health rights], Arrows For Change, (2002).  In this regard, the Center for Reproductive Rights has noted that: <blockquote>
Our goal is to ensure that governments worldwide guarantee women's reproductive rights out of an understanding that they are bound to do so. The two principal prerequisites for achieving this goal are: (1) the strengthening of international legal norms protecting reproductive rights; and (2) consistent and effective action on the part of civil society and the international community to enforce these norms. Each of these conditions, in turn, depends upon profound social change at the local, national and international (including regional) levels. (...) Ultimately, we must persuade governments to accept reproductive rights as binding norms. Again, our approach can move forward on several fronts, with interventions both at the national and international levels. Governments' recognition of reproductive rights norms may be indicated by their support for progressive language in international conference documents or by their adoption and implementation of appropriate national-level legislative and policy instruments. In order to counter opposition to an expansion of recognized reproductive rights norms, we have questioned the credibility of such reactionary yet influential international actors as the United States and the Holy See. Our activities to garner support for international protections of reproductive rights include: Lobbying government delegations at UN conferences and producing supporting analyses/materials; fostering alliances with members of civil society who may become influential on their national delegations to the UN; and preparing briefing papers and factsheets exposing the broad anti-woman agenda of our opposition.</blockquote>Center for Reproductive Rights, International Legal Program, [http://thomas.loc.gov Establishing International Reproductive Rights Norms: Theory for Change] {{Webarchive|url=https://web.archive.org/web/20150830093514/http://thomas.loc.gov/ |date=30 August 2015 }}, US CONG. REC. 108th CONG. 1 Sess. E2534 E2547 (Rep. Smith) (8 December 2003)</ref> An example of this linkage is provided by the 1994 Cairo Programme of Action:<ref>{{cite web |url=http://www.iisd.ca/Cairo/program/p07002.html |title=[programme&#93; Basis for action |publisher=Iisd.ca |access-date=2015-02-17 |archive-date=16 February 2017 |archive-url=https://web.archive.org/web/20170216090500/http://www.iisd.ca/Cairo/program/p07002.html |url-status=dead }}</ref> <blockquote>
Reproductive rights embrace certain human rights that are already recognized in national laws, international human rights documents and other relevant United Nations consensus documents. These rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. It also includes the right of all to make decisions concerning reproduction free of discrimination, coercion and violence as expressed in human rights documents. In the exercise of this right, they should take into account the needs of their living and future children and their responsibilities towards the community.</blockquote>
Similarly, [[Amnesty International]] has argued that the realisation of reproductive rights is linked with the realisation of a series of recognised [[human rights]], including the [[right to health]], the right to freedom from [[discrimination]], the [[right to privacy]], and the right not to be subjected to torture or ill-treatment.<ref name="AMNESTY">{{cite web |url=http://www.amnestyusa.org/Stop_Violence_Against_Women_SVAW/Reproductive_Rights/page.do?id=1108242&n1=3&n2=39&n3=1101 |title=Stop Violence Against Women: Reproductive rights |access-date=8 December 2007 |author=Amnesty International USA |year=2007 |work=SVAW |publisher=Amnesty International USA |url-status=dead |archive-url=https://web.archive.org/web/20080120140923/http://www.amnestyusa.org/Stop_Violence_Against_Women_SVAW/Reproductive_Rights/page.do?id=1108242&n1=3&n2=39&n3=1101 |archive-date=20 January 2008 }}</ref>

The [[World Health Organization]] states that:<ref>{{Cite web|url=https://www.who.int/reproductivehealth/publications/gender_rights/srh-rights-comment/en/|title=WHO {{!}} Sexual and reproductive health and rights: a global development, health, and human rights priority|website=WHO|access-date=19 June 2019}}</ref>
<blockquote> Sexual and reproductive health and rights encompass efforts to eliminate preventable maternal and neonatal mortality and morbidity, to ensure quality sexual and reproductive health services, including contraceptive services, and to address sexually transmitted infections (STI) and cervical cancer, violence against women and girls, and sexual and reproductive health needs of adolescents. Universal access to sexual and reproductive health is essential not only to achieve sustainable development but also to ensure that this new framework speaks to the needs and aspirations of people around the world and leads to realisation of their health and human rights.</blockquote>

However, not all states have accepted the inclusion of reproductive rights in the body of internationally recognized human rights. At the Cairo Conference, several states made [[Reservation (law)|formal reservations]] either to the concept of reproductive rights or to its specific content. [[Ecuador]], for instance, stated that:<ref name="un.org" /> <blockquote>
With regard to the Programme of Action of the Cairo International Conference on Population and Development and in accordance with the provisions of the Constitution and laws of Ecuador and the norms of international law, the delegation of Ecuador reaffirms, inter alia, the following principles embodied in its Constitution:  the inviolability of life, the protection of children from the moment of conception, freedom of conscience and religion, the protection of the family as the fundamental unit of society, responsible paternity, the right of parents to bring up their children and the formulation of population and development plans by the Government in accordance with the principles of respect for sovereignty. Accordingly, the delegation of Ecuador enters a reservation with respect to all terms such as "regulation of fertility", "interruption of pregnancy", "reproductive health", "reproductive rights" and "unwanted children", which in one way or another, within the context of the Programme of Action, could involve abortion.</blockquote>
Similar reservations were made by [[Argentina]], [[Dominican Republic]], [[El Salvador]], [[Honduras]], [[Malta]], [[Nicaragua]], [[Paraguay]], [[Peru]] and the [[Holy See]]. Islamic Countries, such as [[Brunei]], [[Djibouti]], [[Iran]], [[Jordan]], [[Kuwait]], [[Libya]], [[Syria]], [[United Arab Emirates]], and [[Yemen]] made broad reservations against any element of the programme that could be interpreted as contrary to the [[Sharia]]. Guatemala even questioned whether the conference could legally proclaim new human rights.<ref>[https://www.un.org/popin/icpd/conference/offeng/poa.html United Nations, Report of the Fourth International Conference on Population and Development, Cario, 5 – 13 September 1994]. Guatemala entered the following reservation:<blockquote>
Chapter VII:  we enter a reservation on the whole chapter, for the General Assembly's mandate to the Conference does not extend to the creation or formulation of rights; this reservation therefore applies to all references in the document to "reproductive rights", "sexual rights", "reproductive health", "fertility regulation", "sexual health", "individuals", "sexual education and services for minors", "abortion in all its forms", "distribution of contraceptives" and "safe motherhood"</blockquote></ref>