Cross-Cutting Issues on the Right to Life in the Context of Law (original) (raw)
Related papers
2019
Lynda Gilby: Sexual and Reproductive Health and Rights-Lobbying, Contestations, and Compromises. An analysis of the challenge to an agreed language at the UN Master's Thesis Tampere University Public and Global Health October 2019 International agreements dating back to the landmark International Conference on Population and Development (ICPD) Programme of Action in 1994, and the Beijing Declaration Platform for Action, 1995, have recognized the right to sexual and reproductive health and reproductive rights (SRHR), enabling women to make their own decisions over their bodies. These agreements committed states to provide universal access to sexual and reproductive health (SRH) services, including information and education, access to modern contraceptives, and safe abortion where legal. However, changes in the international political environment are demonstrating challenges in the protection of this agreed language on SRHR at the UN, having an impact on women's access to SRH services globally. The broadening of the Mexico City Policy attempting to censor the language on SRHR, both domestically and internationally, as well as systematic lobbying of governments at the UN by conservative groups, is having a direct impact on the current global SRHR agenda setting. The aim of this study was to determine whether the efforts of the conservative opposition who seek to roll back the language on SRHR has been replicated in the UN outcome documents and resolutions between 2014 and 2019, before and after the latest reimplementation of the Mexico City Policy. This study presents the first empirical research on the disappearance of the language over time on the basis of a document review. The Health Policy Framework by Walt and Gilson (1994) allowed for an overview of the context in which the lobbying is taking place, map who the actors are that oppose SRHR, describe the process, and analyze the content of the documents. The results demonstrated a disappearance of the language on abortion in the CSW outcome documents, and a changing of the language on comprehensive sexuality education in the CSW and UN resolutions, which saw the removal of sexuality and placed an increased emphasis on the role of families. Furthermore, there was an inability of some states to accept sexual and reproductive health at all. This study has shown that the original agreed language from the ICPD and Beijing commitments are not safe from relentless opposition, and suggests that, going forward, funding for SRHR may need to look at more sustainable sources which are not subject to the international political environment.
Committee on Economic, Social and Cultural Rights
Social Rights Jurisprudence
As reproductive rights are fundamental to women's health and equality, it is imperative that States Parties demonstrate a serious commitment to ensuring such rights. Reproductive health and rights receive broad protection under the ICESCR. Article 12(1) of the Covenant recognizes "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health." 1 In interpreting this right in General Comment 14, the Committee has explicitly defined the right to health to "include the right to control one's health and body, including sexual and reproductive freedoms," 2 and explicitly confirmed that "[t]he realization of women's right to health requires the removal of all barriers interfering with access to health services, education and information, including in the area of sexual and reproductive health." 3 Moreover, the Committee has asserted that States Parties are required to take "measures to improve child and maternal health, sexual and reproductive health services, including access to family planning. .. emergency obstetric services and access to information, as well as to resources necessary to act on that information." 4 Articles 2(2) and 3 of the ICESCR guarantee the right to non-discrimination, specifically as to "sex, social origin or other status." 5 To that end, the Committee has characterized the duty to prevent
Contribution to the General Comment of the Human Rights Committee on Article 6 ICCPR – Right to Life
The Human Rights Committee published in its Advanced Draft of the planned General Comment on the Right to Life (article 6 ICCPR) in paragraph 9 some claims regarding abortion, by declaring a general duty of all States to provide safe access to abortion, with no limits. This paper explains the application of human rights on humans before birth, in regard to the right to life, human dignity, equal rights, prohibition of discrimination, death penalty, slavery and torture according to the International Covenant on Civil and Political Rights (ICCPR).
Acta Universitatis Carolinae Iuridica, 2024
After the 75th anniversary of adopting the Universal Declaration of Human Rights, we can state that some of its provisions still cause discussions about a basic and inherent right-the right to life. Getting a new "breath" after the Roe v. Wade case's overturning, the battle between women's abortion rights supporters and the protectors of the right to life for the unborn seems to get a new round. Worldwide experts in different fields start to find new arguments or remember the old ones to have solid proof in the discussions. It is too hard to find a more fundamental international document in the human rights field than the Universal Declaration of Human Rights, which can be used in this case. Many scholars' papers claim that the Declaration is only for an already-born person and does not cover the unborn one. However, such a vision is incorrect and causes many misunderstandings and false interpretations of the international basis of human rights protection. This work will try to dispel the myth that the Declaration was written only for a born person. After analyzing hundreds of documents from the Declaration drafting process, using historical facts and drafters' statements, we hope to shed light on the real essence of the Universal Declaration of Human Rights about the right to life.