Chapter
4
Challenges, risks and opportunities
Part 2 summarized the findings of this study with respect to challenges facing NHRIs in
effectively integrating reproductive rights into their work. The present Part explores the
identified challenges in more detail. It also considers the risks that NHRIs may face in seeking to
implement their acknowledged mandate to protect and promote reproductive rights.
While challenges and risks are a major theme of this study, it is important to emphasize that
NHRIs are being presented with valuable opportunities to take this issue forward. Some of the
opportunities identified below are common to most, if not all, NHRIs. Other opportunities will be
more relevant to particular institutions, or to groups of institutions which operate in similar ways
or in similar environments.
4.1. Challenge: Lack of knowledge, common understanding and expertise
In their written responses, most NHRIs did not identify lack of knowledge, understanding
or expertise as a significant obstacle to the effective implementation of reproductive rights.
However, as detailed above, a very different picture emerged during the follow-up discussions.
At that point, almost every NHRI admitted that this was a major obstacle. In most cases, this
situation referred to the NHRI itself: the institution as a whole was characterised as lacking
formal knowledge in this area. Staff were said to be “unaware” of reproductive rights. They were
also said to be “confused” about what the term actually includes. No NHRI consulted was able
to identify true institutional expertise in the area of reproductive rights. This lack of expertise
means that staff are not trained or even made aware of the various issues that arise in connection
with reproductive rights. This impacts on all areas of the institution’s work: from monitoring to
human rights education.
Lack of knowledge of reproductive rights can both reflect and compound a lack of knowledge
of the situation of reproductive rights. Several respondents noted that they did not have a strong
understanding of what were the most pressing problems. As one noted: “we need research. We
need more information to find the neglected issues and work out where to focus our attention.”
One NHRI representative pointed out that there appears to be two different understandings
of reproductive rights: a narrower one that refers solely to the rights that related directly to
reproduction (access to family planning, rights implicated in pregnancy and birth, etc.); and a
much broader understanding (which the questionnaire appeared to have adopted), that includes
more tangential issues such as violence against women and discrimination in relation to civil
status. During interviews and in their written communications, several NHRIs referred only
to “reproductive health rights”. When questioned on this term, they noted that its use reflected
33