50 INTEGRATING REPRODUCTIVE RIGHTS INTO THE WORK OF NATIONAL HUMAN RIGHTS INSTITUTIONS OF THE ASIA PACIFIC REGION 3. Understanding reproductive rights While reproductive rights are based upon and cover already existing rights, there is no standard definition of the term “reproductive rights” itself. According to the United Nations Conference on Population and Development (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. The United Nations human rights system has linked reproductive rights to other rights – for example, the right to health. In 2003, the Commission on Human Rights noted that “sexual and reproductive health are integral elements of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health”. The Committee on Economic, Social and Cultural Rights and the Special Rapporteur on the right to health have explained that the right to health includes both freedoms and entitlements. In the context of sexual and reproductive health, freedoms include a right to control one’s health and body. This encompasses the right to be free from any form of sexual violence, harmful practices, forced pregnancy and non-consensual contraceptive methods. Entitlements include access to a system of health protection and universal access to services, including family planning, pre- and post-natal care and other maternal health needs. Another important entitlement is the right to reproductive decision-making, including voluntary choice in marriage, in family formation and in determining the number, timing and spacing of one's children; and the right to have access to the information and the means needed to exercise voluntary choice. In this context, the State’s obligations include the obligation to refrain from limiting access to contraceptives, and to prevent harmful social or traditional practices from interfering with reproductive rights. Non-discrimination is another essential aspect of reproductive rights. Freedom from discrimination on any basis, including sex, age, sexual orientation, ethnicity, language, religion, culture, physical and mental disability, is essential to ensure the enjoyment of the right to sexual and reproductive health. Elements of the right to sexual and reproductive health may include the following: x x x x x x x 2 Reproductive decision-making including voluntary choice in marriage, family formation and determination of the number, timing and spacing of one's children; access to the information and the means needed to exercise voluntary choice Universal access to reproductive health services, including family planning Appropriate reproductive education, information and services to adolescent girls and boys Freedom from harmful practices such as early marriage, sale in marriage, female cutting/female genital mutilation, sex-selective birth practices (both pre- and post-natal) Access to and respect for non-harmful cultural reproductive practices, for example the right to choose safe home birth, choice of female medical practitioners. Freedom from sexual violence Freedom from forced sterilization, forced abortion, forced contraception APF UNFPA Questionnaire