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. 37

Select target paragraph3