1. promoting the reproductive rights agenda
and timing of their children and to have
the information and means to do so. In
practice, this means that everyone should
have access to contraception and to the
necessary information on reproductive
health issues. Contraception and the necessary information should also be available
to marginalized groups, meaning that it
should be available both in towns and in
rural areas and for all women and men,
adults and adolescents. Information should
be available in all relevant languages and in
age- and gender-appropriate forms.
Marriage and childbearing are closely connected in most cultures. Consequently, the
right to decide freely the number, spacing
and timing of children also includes the right
not to be married before reaching adulthood
and the right not to be forced to marry. The
proper legislation should be in place and
implemented and necessary sensitization
should take place.
The second part of the definition guarantees
the right to attain the highest standard of
sexual and reproductive health. Sexual and
reproductive health is concerned not only
with issues related to child bearing but also
securing a safe and satisfying sex life. The
right to the highest standard of sexual and
reproductive health contains the access to a
comprehensive package of health services
including voluntary family planning, abortion
where it is not against the law, post abortion care, ante- and post-natal care, both for
mother and for child, and to prevention and
treatment for sexually transmitted infections (STIs), including HIV/AIDS. As set out
above, such services must be truly available
to all, including marginalized and vulnerable
groups who are also the groups most likely
to have reproductive health threatened.
Consequently, sexual and reproductive
health services cannot be offered only in the
main population centres but must be made
available also in rural and underserved areas.
The last part of the definition guarantees the
right to make decisions concerning reproduction free of discrimination, coercion and
violence. In addition to what has already been
set out, this means that persons with disabilities, ethnic minorities and other groups
in situation of vulnerability or exclusion are
entitled to the same sexual and reproductive
health services as all other groups. In certain
countries, persons with disabilities have been
subject to sterilization without their free,
prior and informed consent; the same has
been the case for ethnic minorities. In many
places, lesbian, gay, bisexual and transgender (LGBT) persons are not provided access
to sexual and reproductive health services;
this is clearly a manifestation of discrimination. The right not to be subject to harmful
practices such as female genital mutilation
(FGM), child, early or forced marriage is an
additional protection against violence and
coercion affecting the girl child. The state
must ensure that no one is coerced into
entering into marriage, bearing of children or
sexual relations, including with their spouse.
This for example necessitates implementing
provisions on minimum age for marriage
and criminalizing marital rape. Gender-based
violence also has the potential to curtail the
free choice of in particular women. Studies
have shown a close link between domestic
violence and lack of enjoyment of reproductive rights; this means that provisions should
be in place to combat this scourge.
See Chapter 2 for specific guidance on the
role of NHRIs in furthering reproductive
rights.
23
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