CHAPTER 4: CHALLENGES, RISKS AND OPPORTUNITIES
even a preliminary conversation between the NHRI and its constituency or the government about
reproductive rights is very difficult to initiate.
The National Human Rights Commission of Afghanistan reports to be operating in such an
environment, where discussion about reproductive rights within government and society is felt
to be “taboo”. Reproductive decision-making is firmly in the hands of men and there is no strong
community commitment to changing this entrenched situation. Other NHRIs reported similar
difficulties.
“The patriarchal culture that dominates our country and the deep influence of the
[dominant religion] are hindrances to the advancement and effectiveness of the
protection and promotion of women’s rights including some reproductive rights”
NHRI Respondent: questionnaire
Other NHRIs are working within societies in which only some aspects of reproductive rights
are sensitive or controversial. For example, in countries as diverse as the Maldives, Malaysia,
Mongolia, Thailand and Jordan, family planning services are freely available. In theory at least,
couples are able to exercise control over reproductive decision-making including the number and
spacing of their children. However, in these same countries, other aspects of reproductive rights
can be strongly curtailed or social pressures can mean that in-principle access to information and
services does not procure the desired result. In Jordan for example, issues around reproductive
rights are still too sensitive to be discussed openly, a situation that contributes to lack of
information and inability of some parts of the community to access services. In Malaysia, culture
and tradition mean that some individuals are reluctant to seek out family planning services. In
Mongolia, systemic rights problems affecting the rural poor were identified as responsible for
limiting access to reproductive rights and services.
A small number of NHRIs do not feel overly constrained by sensitivities or controversies around
many issues related to reproductive rights. The NHRIs of Australia, South Korea and New
Zealand stand out in this regard. Nevertheless, even these institutions reported that the way in
which they approached certain issues around reproductive rights was affected by perceptions
of potential controversy. For example, the NHRIs of both Australia and New Zealand have
been careful not to become involved in broader community discussions around abortion: it is
considered that the risks to the institution of weighing into community debates on this issue
would likely outweigh potential benefits. In contrast, as noted previously, the NHRI of Korea
considers itself well situated to moderate sensitive discussions around abortion law reform and
will be convening community discussions on this issue.
4.4. Opportunity: NHRI mandate for and commitment to reproductive rights
As reported at Part 2 above, all NHRIs participating in this study were emphatic that working to
protect and promote reproductive rights is a part of their mandate and an important institutional
responsibility. In their written responses to the questionnaire and in follow-up discussions, all
institutions expressed their full commitment to reproductive rights.
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