Family Planning and Reproductive Rights in Chile

Author(s):  
Jadwiga E. Pieper Mooney

The official histories of family planning and reproductive rights in Chile started in the 1960s, with initiatives by Chilean doctors to reduce maternal mortality due to self-induced abortions; Chilean women’s mobilization for rights surged in the 1970s, and the concept of reproductive rights became the focus within health policy debates only by the 1990s. Specific Chilean political developments shaped these trajectories, as did global paradigm changes, including the politicization of fertility regulation as a subject of the Cold War. These same trajectories also generated new understandings of reproductive rights and women’s rights. The goals of preventing abortions and maternal mortality, of controlling population size, and of protecting families all contributed to the public endorsement of family planning programs in the 1960s. Medical doctors and health officials in Chile collaborated with the International Planned Parenthood Federation (IPPF) and founded the first Chilean family planning institution, the Association for the Protection of the Family (APROFA). Since 1965, APROFA, affiliated with the IPPF, has remained the primary institution that makes family planning available to Chilean women and couples. The concept of “reproductive rights” is relatively new, globally, and in its specific national representation in Chile; questions of women’s rights gained unprecedented international prominence after the United Nation’s designation of the International Women’s Year (IWY) in 1975. International conferences, and the extension of IWY to a Decade for Women between 1975 and 1985, stimulated debates about policy norms that linked human rights, women’s rights, and the right to health to nascent definitions of reproductive rights. Just as international gatherings provided platforms for debates about rights, unparalleled human rights violations under military rule (1973–1990) interrupted the lives of Chilean citizens. Women in Chile protested the dictatorship, mobilized for democracy in their country and their homes, and added reproductive rights to the list of demands for democratic restructuring after the end of dictatorship. While family planning programs largely survived the changes of political leadership in Chile, the dictatorship dealt a lasting blow to quests for reproductive rights. The military’s re-drafted Constitution of 1980 not only compromised effective political re-democratization, but also imposed such changes as the end of therapeutic abortions, which have remained at the center of political activism against reproductive rights violations in the 21st century.

Author(s):  
Charlotte Helen Skeet

Women’s access to and enjoyment of human rights are increasingly being used as a global measure of other “goods” in societies: for instance as a measure of development, a gauge of the health and depth of democracy and as a general indicator of a state commitment and adherence to international responsibilities. Therefore, while the study of women’s relationship to human rights is of considerable importance and interest in itself it is also gaining prominence across a range of other areas of international and domestic law. This might be viewed as a positive indication of the growing strength of women’s human rights norms but it bears closer analysis. Also within this discourse on women’s rights what rights norms are being globalised and how is this occurring? This paper considers how supposedly universalist rhetorics around equality rights can advance ‘orientalist’ and patriarchal discourses in relation to who “women” are and how their rights may be realised. Such discourses may hinder implementation of women’s rights especially for women who are “other.” This is particularly evident in relation to women’s rights to freedom of expression, the manifestation of religious freedom and rights to participate in culture. To illustrate this specific focus is given to the increasing discrimination against Muslim women and to human rights responses in this context within Europe.


Author(s):  
Inés M Pousadela

This chapter illustrates the crucial, decades-long contribution of Uruguayan women’s organisations to the emancipation of women. It does so by analysing the political process leading to the recent legalisation of abortion in Uruguay, as well as the multiple strategies resorted to by the women’s movement to create a social consensus around women’s rights – and sexual and reproductive rights in specific – as integral to human rights. The story of the struggle for the legalisation of abortion in Uruguay also demonstrates the fragility of rights; as Uruguayan women’s organisations have learned the hard way, rights should never be taken for granted. Steps backwards are always possible and emancipation is never complete; further action will always be required to secure rights, as well as to advance new generations of rights.


2020 ◽  
Vol 13 (4) ◽  
pp. 333-345
Author(s):  
Thibault Weigelt ◽  
Erica Sharma

Purpose The purpose of this paper is to analyse the budget of the Indian family planning programme from a human rights perspective. Family planning services play an important role in the realisation of the reproductive rights of women. In India, the family planning programme is one of the largest in the world with thousands of patients, mostly women, accessing services every year. Although the Indian legal system guarantees the right to health, Indian women from marginalised sections of society still battle inadequate services and the absence of health care that respects their right to reproductive autonomy and choice. Therefore, the question is: in the presence of a strong legal framework, what are the factors that contribute to this phenomenon? Design/methodology/approach The authors have gathered data from the project implementation plans at the state level comparing year-wise expenditure for family planning against overall expenditure for reproductive, maternal and child health expenditure. The data are then compared to the number of women using sterilisation to suggest a relationship between both. Finally, the article relies on desk research to review scholarship on the Indian family planning programme and applicable human rights obligations. Findings The paper finds that social-economic rights such as the right to health are applicable to government spending and budgeting. It also finds current spending in the NHM is insufficient to guarantee women’s reproductive rights as the vast majority of resources are spend on sterilisation, thus limiting women’s ability to choose the number and spacing of children. Research limitations/implications The data used in this research bears one limitation: the propensity of the government to change the guidelines as to how States should present their budgets in the project implementation plans. The authors have adjusted the data so that it remains comparable. However, the adjustment was not possible for all expenditure data, which is why the current study is limited to the family planning programme alone. Practical implications The paper argues that to be human rights compliant, health budgets of the NHM need to be geared towards the specific needs of women in terms of family planning. Finally, the article briefly outlines the role played by human rights and human rights litigation in impacting government budgets. Originality/value India’s family planning programme has been examined from a performance and medical standpoint, focussing on medical indicators such as total fertility rate, unmet needs for family planning, amongst others. Academic scholarship has investigated through statistical analysis patterns of contraceptive use and contraceptive mix. What is absent, however, is an assessment of the programme from a right-based perspective by looking at the human rights obligations of India and their normative implications for the Indian family programme.


2021 ◽  
Vol 31 (3) ◽  
pp. 19-37
Author(s):  
Debra Berghoffen ◽  

This paper examines the ways that feminists have built on and transformed Mary Wollstonecraft’s Enlightenment idea that women’s rights are human rights. It argues that Wollstonecraft’s marginal attention to the issue of sexual violence reflects the mind-body dualism of her era where reason divorced from the body established our dignity as persons. Today’s feminists reject this dualism. They have adopted and retooled Wollstonecraft’s idea that women’s rights are human rights to (1) create solidarity among women of different places, races, classes, religions etc., (2) break the silence surrounding the experience and meaning of rape, and (3) create grassroots, national and international forums that expose the fact that sexual violence is one of the crucial anchors of patriarchy. Wollstonecraft believed that human rights were guaranteed by reason and God. We find that these rights are embodied and fragile. They depend on us to make them real. Addressing this responsibility, the paper ends with a question: Are we up to the task?


2016 ◽  
Vol 15 (1) ◽  
pp. 21
Author(s):  
Hikmalisa Hikmalisa

A family are those people who play important parts in our loves. It is however, unfortunate, that due to ignorance or extreme cultures embedded, that harmful acts are imposed, in contravention to human rights and female reproductive rights. Among these practices are female circumcision, usually done at a young age (often toddlers) by cutting off the clitoris, based on religious or tradition, in order to “prevent” women becomingpromiscuous. This practice is still widespread in many areas including Kuntu, Kampar Regency, Riau Province. Carried out under the belief “adat basondi syara’, syra’ basondi kitabullah”, to be a muslim and a woman who is faithful to traditions and religion, they must be circumcised. Even when faced with the fact female circumcision is highly dangerous and is a aberration of women’s rights, many continue to engage in the practice. The family unit is a key part of this practice, as young women are under the control of their parents, which should have been a safe haven, perverted due to extreme taqlid. Consciously or not, this results in the deprivation the rights of women, who are yet to be aware of their very rights.


Author(s):  
Krystyna Dzwonkowska-Godula

The article discusses watchdog activities in the area of reproductive rights undertaken by non-governmental organisations (NGOs) in Poland. This analysis covered the activity of two organisations: Childbirth with Dignity Foundation and Federation for Women, and Family Planning, which were selected for the study due to both of the history and scope of their activity. The different types of watchdog actions undertaken by both NGOs were identified and examples of observation and monitoring, whistleblowing, interventions, legal and political actions and activity in field of education and social activisation are presented. Both watchdog organisations are active on the macrostructural level influencing the politics, legal regulations and social awareness as well as the mezzo- and microstructural level by controlling public institutions in the local communities and supporting and empowering individuals. They not only vindicate women’s rights, but also encourage and prepare women to react to violations of their reproductive rights.


2018 ◽  
Vol 2 (1) ◽  
pp. 97
Author(s):  
Hanna Christine Ndun ◽  
Sarah Suttor ◽  
I Gusti Agung Ayu Dike Widhiyaastuti

There is a stereotype with regard to the rights of the Balinese women on inheriting under the Balinese tradi-tional customary law. It is generally assumed that the law discriminates Balinese women as well as against the human rights principle of equality. This article analyzes the contemporary problems of such issue and would demonstrate the actual principles, rules and practices, including the essential concept of the rights under the Balinese traditional customary law of inheritance. This issue has been explored under a normative legal approach where the resources are primarily taken from the relevant national legal instruments and court decisions, instead of textbooks and journals. An interview has also been commenced for clarifying some aspects of the issue. This article concludes that there has been a generally misleading on viewing the Balinese customary law as discriminating women on an inheritance issue, as in fact, the law also provides rules for supporting women’s rights for inheriting. The law in a certain way has properly preserved the right of women for inheriting in which women under the law have also enjoyed rights for inheriting, especially the daughter and widow. In contrast, the Balinese men that are generally perceived as the ultimate gender enjoying privileges rights to inherit, in the practice of inheritance in the traditional community are also subject to some discrimination. The law has provided a set of rule of inheritance both for men and women where they are subject to certain equal rule and condition. The law also clarifies that both genders are enjoying equal rights on inheritance in a certain portion and situation binding under the principle of balancing between rights and obligation for each side.


2017 ◽  
Author(s):  
Robert C. Blitt

This article is the first of a two part series that draws on women‘s rights and sexual orientation and gender identity (SOGI) to explore how the Organization of Islamic Cooperation (OIC) represents, interprets and seeks to impact the right to equality and protection against discrimination as enshrined under international human rights law. The study is a novel one inasmuch as the OIC is neither a state nor a religious group per se. Rather, the OIC stands out as the only contemporary intergovernmental organization unifying its member states around the commonality of a single religion. In this capacity, the organization maintains no direct obligations or rights under key instruments such as the Universal Declaration on Human Rights (UDHR) or the International Covenant on Civil and Political Rights (ICCPR).Nevertheless, as part of its mandate representing 57 predominantly Muslim states, the OIC has increasingly asserted a role for itself on the international stage as "the collective voice of the Muslim world." This new assertiveness is particularly evident in the context of debates surrounding the content of human rights norms in international fora such as the United Nations, where the OIC has sought to develop common policy positions and encourage its members to vote as a bloc on issues of concern. Against this backdrop, the article concludes that supporters of universal human rights norms need to better understand how the OIC‘s mission to "protect and defend the true image of Islam" may impact international debates over the substance of equality and nondiscrimination norms, and develop appropriate responses to these efforts as a means to ensure that universality is not undermined.This article begins with a brief introduction to the OIC, and proceeds to explore its relationship with the principles of equality and nondiscrimination by examining its founding document and other relevant primary sources. With this understanding in place, the paper turns to examine the OIC‘s contemporary handling of these principles as manifested in debates surrounding women‘s rights as well as the relevance and impact of "Islamic family values" on the scope of those rights. This article‘s exploration of "family values" also serves as a pivot point to begin framing rights issues related to Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) individuals and related SOGI issues. Throughout this examination, the role of the OIC‘s newly established Independent Permanent Human Rights Commission (IPHRC) is considered as a means of appraising whether a shift in the OIC‘s position may be forthcoming.


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