1 PROMOTING THE ­REPRODUCTIVE RIGHTS AGENDA REPRODUCTIVE RIGHTS ARE HUMAN RIGHTS There is no single human rights instrument dedicated to reproductive rights. Rather, the main United Nations and regional human rights instruments protect the various elements of reproductive rights. Various declarations and similar documents adopted by consensus by practically all of the world’s nations and further developed in the practice of the United Nations and regional human rights bodies confirm the diverse and rich nature of reproductive rights. According to Paragraph 7.3 of the International Conference on Population and Development (ICPD) Programme of Action, reproductive rights are based on the right of couples and individuals to decide free from discrimination, coercion and violence whether to have children, how often and when to do so, having the necessary information and means to make such decisions. It is also connected with their right to the highest attainable standard of sexual and reproductive health. ICPD makes it clear that reproductive rights are not a new set of rights. Reproductive rights are a constellation of freedoms and entitlements that are already recognized in national laws, international human rights instruments and other consensus documents. Reproductive rights refer to a diversity of civil, political, economic, social and cultural rights affecting the sexual and reproductive life of individuals and couples. The various legal elements that together constitute reproductive rights are set out in detail in Chapter 4 below. An important international instrument is the Convention on the Elimination of All Forms of Discrimination against Women which obligates the states parties to ensure “access to health care services, including those related to family planning” and mentions appropriate services in connection with pregnancy and the right to decide on the number and spacing of children (Articles 12 and 16). The general right to the highest attainable standard of health is protected by the International Covenant on Economic, Social and Cultural Rights (Article 12). Discrimination against women is prohibited by the Convention on the Elimination of All Forms of Discrimination against Women, the International Covenant on Economic, Social and Cultural Rights and several other global and regional instruments. The Convention on the Rights of the Child also protects children’s right to the highest attainable standard of health (Article 24). The Convention on the Rights of Persons with Disabilities specifically mentions the right of persons with disabilities to sexual and reproductive health (Article 25). The high level of preventable maternal mortality further violates the right to life, set out in the International Covenant on Civil and Political Rights (Article 6). An example of a very clear regional provision is Article 14 in the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, which specifically refers to the right to sexual and reproductive health. 21