scholarly journals Conscientious Objection to Abortion and Accommodating Women's Reproductive Health Rights: Reflections on a Decision of the Constitutional Court of Colombia from an African Regional Human Rights Perspective

2014 ◽  
Vol 58 (2) ◽  
pp. 183-209 ◽  
Author(s):  
Charles G Ngwena
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Conscientious Objection ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Conscientious Objector ◽  
Women’S Reproductive Health ◽  
The Right ◽  
Women's Reproductive Health ◽  
Health Rights

AbstractIf applied in isolation from the fundamental rights of women seeking abortion services, the right to conscientious objection can render any given rights to abortion illusory, including the rights to health, life, equality and dignity that are attendant to abortion. A transformative understanding of human rights requires that the right to conscientious objection to abortion be construed in a manner that is subject to the correlative duties which are imposed on the conscientious objector, as well as the state, in order to accommodate women's reproductive health rights. In recent years, the Colombian Constitutional Court has been giving a judicial lead on the development of a right to conscientious objection that accommodates women's fundamental rights. This article reflects on one of the court's decisions and draws lessons for the African region.

Ensuring Reproductive Rights of Women in Nepal: Law and Praxis

2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Health Services ◽  
Reproductive Rights ◽  
School Curriculum ◽  
Fundamental Rights ◽  
Reproductive Health Services ◽  
Women And Girls ◽  
The Right ◽  
Health Rights

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.

scholarly journals Batak Women's Reproductive Health Rights in Determining the Number of Children and Joining the KB Program

2020 ◽  
Vol 2 (2) ◽  
pp. 412-420
Author(s):  
Esra Simanjuntak ◽  
Sri Rahayu Sanusi ◽  
Asfriyati
Keyword(s):  
Family Planning ◽  
Reproductive Health ◽  
Local Community ◽  
Health Workers ◽  
Sampling Technique ◽  
Number Of Children ◽  
Women’S Reproductive Health ◽  
The Right ◽  
Women's Reproductive Health ◽  
Health Rights

Women's rights based on a patriarchal system which questioned the different biological conditions of women and men are the will of nature (nature), so things such as destiny and nature cannot be changed. Reproductive health is a state of perfect health both physically, mentally and socially and is not merely free from disease or disability in all aspects related to the reproductive system, its functions and processes. Reproductive health problems that occurred in Muara District in 2018, the total coverage of Ante Natal Care visits was 91 out of 299 pregnant women (30.43%). The achievement of use of contraception in 2018 out of 3476 the number of fertile age couples was 1150 people (33.08%) who used family planning and the choice of delivery assistance chosen by the community by a dukun berakak (sibaso). This study aims to explore in depth the perceptions of women's experiences in obtaining the right to determine the number of children and the right to attend the family planning program. This research is a qualitative research with a phenomenological approach. Sampling in this study was conducted by purposive sampling technique. From the suitability and adequacy of the data obtained, there were six informants who participated in this study. The main informant was a Batak woman. Data was obtained through in-depth interviews supplemented with field notes. The results showed that there were a number of women's reproductive health rights that had not yet been fulfilled, namely the right to determine the number of children and birth spacing and the right to attend the KB program. Patriarchal culture influences the position of women in society, women do not know their reproductive health rights. Researcher's suggestion in this study is that health workers have an important role in improving the degree of reproductive health, it is necessary to conduct cross-program and cross-sectoral collaboration with local community leaders to promote women's reproductive rights, because the community is easier to accept input and opinions given by the king custom.

scholarly journals Maternal Deaths: Do Women still have the Right to Life? A Case Study in Nias Island

2017 ◽  
Vol 22 (2) ◽  
pp. 93
Author(s):  
Fotarisman Zaluchu ◽  
Saskia Wieringa ◽  
Bregje De Kok
Keyword(s):  
Reproductive Health ◽  
Maternal Mortality ◽  
Bodily Integrity ◽  
Persistent Problem ◽  
Social Actors ◽  
The Government ◽  
Women’S Reproductive Health ◽  
The Right ◽  
Women's Reproductive Health ◽  
Health Rights

<p>This paper attempts to analyze maternal mortality in Nias Island, North Sumatra, where MMR is relatively higher than in other areas in Indonesia. This paper tries to examine the basic right highlighted in ICPD 1994 PoA. In addition, Corrêa and Petchesky propose that the fulfillment of women’s reproductive health rights must meet four principal elements, those are, bodily integrity, personhood, equality, and diversity. In line with the perspective suggested by Correa and Petchesky, this paper demonstrates the “omission, neglect, or discrimination” of women’s right for reproductive health. Social actors who play important roles in women’s reproductive health assessed in this paper are husbands, mother’s-in-law, TBAs, midwifes, and the government. This research concludes that maternal mortality in Nias and in Indonesia is a persistent problem since the social actors who are supposed to be responsible to prevent maternal mortality fail to do their job well. Instead, they tend to intentionally negate women’s right of reproductive health.</p>

Controlling black women’s reproductive health rights: An impetus to black women’s collective organizing

2012 ◽  
Vol 24 (1) ◽  
pp. 13-30 ◽  
Author(s):  
Sônia Beatriz dos Santos
Keyword(s):  
Black Women ◽  
Reproductive Health ◽  
Social Action ◽  
Women's Movement ◽  
Historical Period ◽  
Non Governmental Organizations ◽  
Women’S Reproductive Health ◽  
The 1960S ◽  
Women's Reproductive Health ◽  
Health Rights

This article analyzes how the Brazilian state’s control of black women’s reproductive health rights shaped the emergence of the black women’s movement and organizations, particularly the rise in black women’s non-governmental organizations (NGOs). To understand the circumstances surrounding the state’s regulatory practices’ impact on reproductive health, I recount the history of the implementation of family planning policies of the 1960s through the 1980s and interrelated social action in the country. The essay focuses on the activism of the black women’s movement during the historical period from the 1960s to the 1980s, identifying their struggles around issues of reproductive health rights. I examine the political divergences black women activists encounter with state institutions and representatives, the broader black movement, the mainstream feminist movement, and other important social and political forces.

Conscientious Objection in Reproductive Health Care: Analysis of Pichon and Sajous v. France

2008 ◽  
Vol 15 (1) ◽  
pp. 7-43 ◽  
Author(s):  
Adriana Lamačková
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Reproductive Health ◽  
Health Services ◽  
Health Professionals ◽  
Conscientious Objection ◽  
Private Life ◽  
Reproductive Health Care ◽  
Health Care Context ◽  
The Right

AbstractThis article explores the issue of conscientious objection invoked by health professionals in the reproductive and sexual health care context and its impact on women's ability to access health services. The right to exercise conscientious objection has been recognized by many international and European scholars as being derived from the right to freedom of thought, conscience and religion. It is not, however, an absolute right. When the exercise of conscientious objection conflicts with other human rights and fundamental freedoms, a balance must be struck between the right to conscientious objection and other affected rights such as the right to respect for private life, the right to equality and non-discrimination, and the right to receive and impart information. Particularly in the reproductive health care context, states that allow health professionals to exercise conscientious objection must accommodate this in such a way that its exercise does not compromise women's access to health services. This article analyses the European Court of Human Rights' decision on admissibility in Pichon and Sajous v. France (2001) and argues that a balancing approach should be applied in cases of conscientious objection in the sexual and reproductive health care context.

Ensure the Inviolability of Personal Life in the Conduct of Police Preventive Activities

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 51-59
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Human Beings ◽  
National Courts ◽  
European Court ◽  
Principle Of Proportionality ◽  
The Right

The paper addresses the basic rights and freedoms guaranteed by the Constitution of Georgia, in particular, issues related to personal data. The development of information technology has had a significant impact on the dangers of illegal processing of personal data. The European Court of Human Rights considers the inviolability of private life as a precondition for human autonomy, independent development and protection of human dignity. According to the norms of international law, the right to respect for private life is recognized as one of the most important and fundamental rights, the protection of which is indicated by the legislation of Georgia. The aim of the paper is to analyze the legislation and practice of police law in the field of protection of the right to privacy and to offer relevant recommendations, taking into account the standards set by European and national courts. Human rights legislation must ensure the protection of all human beings against the abuse of state power. Interference with rights must be based on the principle of proportionality. The use of policing should not pose an excessive threat of fundamental human rights violations. Interference with a particular right must be done under principle of proportionality to achieve a certain public good. In clarifying the issue of alleged violation of the right, special attention should be paid to the severity and probability of the expected threat to legal good. The Constitution of Georgia, EU and Council of Europe data protection standards, national legislation, as well as the case law of the European Court of Human Rights and the National Constitutional Court are analyzed around the topic. In addition, the reports of the State Inspector, the Public Defender and the relevant scientific literature are used to study the above issues.

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