Chapter 1 Reproductive rights and their relevance to the work of national human rights institutions This part seeks to provide a framework and context for the study by briefly considering the substantive content of reproductive rights as well as the applicable legal and policy framework. It also makes some preliminary observations on the relevance of reproductive rights to the work of national human rights institutions. 1.1. Understanding reproductive rights While reproductive rights are based upon and cover already existing rights, there is no standard definition of the term. The most definitive statement of reproductive rights emerged from the United Nations International Conference on Population and Development (ICPD) in 1994: “[R]eproductive rights embrace certain human rights that are already recognized in national laws, international human rights documents and other relevant United Nations consensus documents. These rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. It also includes the right of all to make decisions concerning reproduction free of discrimination, coercion and violence as expressed in human rights documents.”3 While critically important to shaping and reflecting international consensus on the concept of reproductive rights, the statement reproduced above is clearly insufficient for a full understanding of rights and obligations in this area. Since 1994, the international community and the international human rights system has sought to flesh out the substantive content of reproductive rights. As detailed below, much progress has been made. However, it is important to acknowledge that even within the international human rights system, there is not yet full agreement on many of the core questions that are at the heart of reproductive rights. Particularly complex and sensitive issues that remain to be resolved include access to abortion; the link between reproductive rights and violence against women, and the human rights implication of sex selective birth practices. The first two of these issues were raised by many NHRIs surveyed for this report and are therefore considered further below. Report of the International Conference on Population and Development, Cairo, 5-13 September 1994, UN Doc. A/CONF.171/13/ Rev.1 (1994). 3 1