The United Nations Treaty Bodies, established to monitor the implementation of
the respective treaties and offer authoritative interpretations of their provisions, have
recognized reproductive rights as legally
binding and have in that respect addressed
the various elements of reproductive rights
as presented in Chapter 4 below and further
documented in Annex 1. The Committee on
the Rights of the Child, the Human Rights
Committee (that monitors implementation of
the International Covenant on Civil and Political Rights), the Committee on Economic,
Social and Cultural Rights and, to a lesser
extent, the Committee against Torture and
the Committee on the Elimination of Racial
Discrimination have all made statements
on various aspects of reproductive rights.
The Inter-American Commission on Human
Rights and the African Commission on
Human and Peoples’ Rights have recognized
reproductive rights as human rights. In addition, the European Court of Human Rights
has made various decisions on matters relating to reproductive rights, including finding
that the right to private life incorporates the
right to respect for the decisions both to
become and not to become a parent.1
Finally, United Nations member states
have adopted by consensus a number of
1 Judgment by the Grand Chamber of the European Court of Justice, Evans vs. the UK 6339/05, (10
April 2007), para. 71.
documents on reproductive rights as human
rights. The most important such document,
the 1994 ICPD, mentioned above, was
adopted by consensus, albeit with a number
of reservations, and later endorsed by the
United Nations General Assembly.2 Another
important document, also adopted by consensus and endorsed by the United Nations
General Assembly,3 is the Beijing Declaration
and Platform for Action, adopted in 1995 at
the Fourth World Conference on Women.
Furthermore, the 2005 World Summit
Outcome, adopted by the United Nations
General Assembly in 2005,4 and the commitment to both sexual and reproductive
health in the outcome document of the 2010
United Nations Summit on the Millennium
Development Goals, adopted by the United
Nations General Assembly in 2010,5 further
confirmed the commitment to reproductive
health. In June 2012, the United Nations
reaffirmed its commitment to reproductive
rights in the United Nations Conference on
Sustainable Development, Rio+20.6
2 United Nations General Assembly Resolution
A/RES/49/128.
3 United Nations General Assembly Resolution
A/RES/50/203.
4 United Nations General Assembly Resolution
A/RES/60/1.
5 United Nations General Assembly Resolution
A/RES/65/1.
6 UN Doc. A/CONF.216/16.
EXAMPLES OF KEY PRACTICAL ELEMENTS
OF R
EPRODUCTIVE RIGHTS
The aforementioned definition of reproductive rights in paragraph 7.3 of the ICPD
Programme of Action establishes three
22
main elements. The first guarantees all
couples and individuals the right to decide
freely and responsibly the number, spacing
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