Reproductive Health

Rights Mainstreaming;
A Project Work
BY:
Yohannes Eneyew(LL,B* Candidate)
Contents
I.Introduction
II.International law
1.UN Charter
2.International covenant on Economic,social &
Cultural Rights
3.Teheran proclamation
4.Cairo Programme of Action
5.Beijing Platform
6.The Yogyakarta Principles
III.National Laws
1.FDRE Constitution
2.FDRE Criminal code
3.National Guideline For family Planning Services
IV.Contents of the Right:In a nutshell
V.Concluding remarks
VI.The Way forward

I.Introduction
Above all, With in the framework of
the World Health Organization's
(WHO) health is defined as "a state of
complete physical, mental and social
well-being, and not merely the
absence of disease or infirmity.
(WHO constitution preamble Newyork,1948)

Thus, reproductive health addresses
the reproductive processes, functions
and system at all stages of life.
In toto, Amnesty International has argued
that the realization of reproductive rights
is linked with the realisation of a series of
recognized 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 i.e Access to affordable and
relevant health services, comprehensive
health information are fundamental
human rights.
From legal point of view, Reproductive
rights are legal rights and freedoms
relating to reproduction and reproductive
health.[Rebecca J.& Mahmoud F. (September
1996). "Advancing Reproductive Rights Beyond
Cairo and Beijing".]

The World Health Organization defines reproductive
rights as follows;
Reproductive 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. They also
include the right of all to make decisions concerning
reproduction free of discrimination, coercion and
violence.











1.The UN Charter
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
religionas per Article 11(2)(b). However, the
Charter did not define these rights.
Three years later, the 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.



2.International Covenant On Economic,
Social And Cultural Rights(ICESCR)
As we know this covenant was adopted by UN General
Assembly resolution 2200 (XXI) of 16 December 1966 to
govern socio-economic and cultural rights in a binding
form.
By the same vein, this covenant recognizes the right to
health in general and reproductive health rights in
particular under Article 12 by saying as follows;
The States Parties to the present Covenant recognize
the right of everyone to the enjoyment of the highest
attainable standard of physical and mental
healthincluding reproductive health rights. (emphasis
supplied)
In a nutshell, countries that have ratified ICESCR are
duty bound to provide reproductive health rights in light
with progressive realization of such rights.



3.Teheran Proclamation
Reproductive rights began to appear as a subset of
human rights in the 1968 Proclamation of Teheran,
which states: "Parents have a basic human right to
determine freely and responsibly the number and
the spacing of their children"

This right was reaffirmed by the UN General
Assembly in the 1974 Declaration on Social
Progress and Development which states "The
family as a basic unit of society and the natural
environment for the growth and well-being of all
its members. Parents have the exclusive right to
determine freely and responsibly the number
and spacing of their children."
4.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 Programme ofAction 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 Cairo Program is the first international policy
document to define reproductive health, stating:
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.

This right include the right of men and women to be
informed 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
Reproductive health therefore implies that
people are able to have the capability to
reproduce and the freedom to decide if, when
and how often to do so.

The Cairo Programme of Action was adopted by
184 UN member states.

Nevertheless, many Latin American and Islamic
states made 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 Islamic law.
5.Beijing Platform
The 1995 Fourth World Conference on Women in
Beijing, in its non-binding Declaration and
Platform for Action, supported the Cairo
Programme's definition of reproductive health,
but established a broader context of
reproductive rights.

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].

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."
6.The 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 at Java region in Indonesia but not yet
incorporated by States in international law,
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... [provide
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 hormonal or other therapy
as well as to gender-reassignment treatments
where desired.

Nonetheless, African, Caribbean and Islamic Countries,
as well as the Russian Federation, have objected to the
use of these principles as Human Rights standards
III. National Laws
1.The FDRE Constitution
Above all, the Federal Constitution of Ethiopia in
black and white stipulates under Article 41 that;
Every Ethiopian national has the right to equal
access to publicly funded social services like
public health,interalia;reproductive health
rights.
On top of that,the constitution vividly recognizes
reproductive health as follows; women have the
right of access to family planning education,
information and capacity.(Glance at Article
35(9) FDRE constitution)
2.FDRE Criminal Law
In principle, Intentional termination of
Pregnancy is punishable(Arts 545)
Legal abortion as one of reproductive
health right is recognized as an a
exception(Arts 551) as follows;
pregnancy is a result of rape or incest
Where the child has incurable & serious
deformity
Pregnancy endangers the life of the
mother
Incapacity of women to up bring child





2.National Guideline For Family
Planning Services In Ethiopia
This guideline was enacted by the Federal Democratic
Republic of Ethiopia Ministry of Health in October 2011.
As per the guideline, the Government of the Federal
Democratic Republic of Ethiopia has committed itself to
the achievement of the eight Millennium Development
Goals(MDGs). The targets of MDG No. 5 are reducing
maternal mortality by 75% and achieving universal access
to Reproductive Health services by the year 2015.By
virtue of guideline 5.2 Any reproductive age person
male or female, regardless of marital status is eligible for
Family Planning services, including information,
education, and counseling.
As per the guideline Article 5.1
Family planning is defined as the
ability of individuals and couples to
anticipate and attain their desired
number of children and the spacing
and timing of their births. It is
achieved through the use of
contraceptive methods and the
treatment of involuntary infertility.
IV. Contents of Reproductive
Health: In a Nutshell
Needless to mention, reproductive
health rights include;
Freedom to decide if, when and how often
to do so(Family Planning)
The right to legal or safe abortion
The right to birth control
Freedom from coerced sterilization
Access to contraception
The right to education access to make free
& informed reproductive choices
V.Concluding remarks
To sum up, both International and
domestic laws reaffirms reproductive
health rights as a human right.
In a nutshell, Reproductive 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.
VI. The way forward
After pinpointing various legal instruments
both at international and national level, the
author of this paper suggests the following
recommendation as a lesson;
There should be effective monitoring
mechanism for reproductive health rights
mainstreaming
Right now progressive realization of such rights
should be shifted to immediate application
Awareness and education
The legal grounds of abortion should be
construed narrowly


Question
???????????
?
Thanks 2 Almighty God
2014
The End!!!



law is a yardstick to cope-up with
current scenarios.
Yohannes Eneyew