BOX 11. NEW TECHNOLOGY AND REPRODUCTIVE RIGHTS
Medical progress and new technology has made it possible to save mothers and children
whom, only a few years ago, would have perished. Developments keep making new treatments possible and in some cases even make existing forms of treatment more accessible.
However, not all technology has had beneficial effects.
Certain technological developments, such as advances in assisted pregnancy, including
in vitro fertilization, raise a number of ethical issues. The ICPD refers to the “basic rights
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”. Does this include the right to
assistance for persons who cannot become parents unassisted, whether for medical reasons
or because they are single or live in same sex relationships? Advances in assisted pregnancy
make it possible for the HIV male partner to have biological children without the risk of
spreading the infection. The wording of ICPD could imply this to be the case but many would
say that such assistance falls beyond reproductive rights, leaving people to pay such costs
themselves, thus augmenting the difference between the rich and poor.
Other questions concern the practice of surrogacy. Many countries forbid commercial
surrogacy whereas it is legal in countries such as the USA and India. Some people say that
prohibiting commercial surrogacy is necessary to protect the rights of poor and vulnerable
women whereas others say that it contravenes the right of women to use their body the way
they want. In all these issues, the need to balance the rights of potential parents with the
rights of other persons and the rights of the unborn child remain in focus.
Undoubtedly, other issues will arise as technology develops and globalization makes the
various countries of the world more and more interconnected. It is advisable for NHRIs
working within reproductive rights to try to keep abreast of new developments, discuss this
with other NHRIs and national stakeholders, and try to maintain such an understanding of
reproductive rights issues that new issues can be solved within the relevant human rights
framework.
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