Sexual and reproductive health rights as human rights
Sexual and reproductive health rights are human rights. They are neither new rights nor optional. Intrinsic to a range of internationally binding treaties, ensuring these rights implies protection of a wide variety of civil, cultural, economic, political and social rights.
Global protection and promotion of rights relating to sexual and reproductive health have advanced significantly in the last few decades. National constitutions and laws, as well as international human rights instruments, have begun to emphasize that reproductive and sexual health is not just a health issue, but also a social justice, human rights and development issue.
Article 16 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) explicitly provides for human rights regarding family-planning services, care and nutrition during pregnancy, as well as information, education and means to decide the number and spacing of one’s children.
CEDAW also provides a mechanism to monitor countries’ laws, practices and policies for their compliance with international obligations under the treaty. The International Conference on Population and Development (ICPD) in 1994, and the World Conference on Women in 1995, focused on meeting the reproductive health needs and preferences of individual women and men, and articulated their rights to personal choice and freedom in decisions concerning their reproductive options.
The concept and articulation of reproductive rights are based on the fundamental belief that women possess thinking and feeling persona influenced by their particular social, economic and cultural environment, thereby creating certain expectations and aspirations about pursuing their reproductive choices.
The concepts of autonomy and choice, which are pivotal in the discourse on reproductive rights, are influenced by social and cultural factors that vary widely, even within one region or country. For example, the marriageable age within the UK is 18 in England but 16 in Scotland (similar variations exist in other countries such as the US). This difference has no medical or scientific reason, but is deeply rooted in history, local traditions and customs.
So while emphasizing autonomy, the influence of history and sociocultural norms cannot be underestimated. Also, the Western notion of autonomy, which is based on concepts of privacy and individual rights, may be less relevant to Muslim women who value interdependence of individuals, families and communities. Therefore, a cultural perspective that clarifies the link between global and local norms must be developed and respected.
Communities confronting problems of poverty, illiteracy and underdevelopment have a prevalence of gender discrimination and certain harmful practices, which distort the inherent egalitarianism of Islam.
Marghoob Saleem Butt
It is because of these sensitivities that in guiding the implementation of the recommendations contained in the ICPD, clear recognition is given to the fact that the “implementation of the recommendations is the sovereign right of each country consistent with its national laws and development priorities with full respect for various religious and ethical values and cultural backgrounds of its people.”
Islam does not treat reproduction as mere mechanics, or as isolated biological events of conception and birth; it is considered a lifelong process inextricably linked and intricately balanced in a marital relationship of corresponding rights and responsibilities.
Husband and wife form the nucleus of a family. Their relationship is described in the Qur’an as having two major qualities: “Love” (passion, friendship, companionship) and “mercy” (understanding, reconciliation, tolerance, forgiveness) within the overall objective of achieving “tranquility” (Sura Ar-Rum:21).
Prophet Muhammad, peace be upon him, introduced reforms banning female infanticide and granting women a series of rights, such as the right to choose her husband, to keep her maiden name and to have financial independence. The husband is responsible for providing for her and her children’s sustenance.
So where are the problems? In some cases, misinterpretation and abuse of Islamic teachings are claimed as tenets of Islam. Alternatively, communities confronting problems of poverty, illiteracy and underdevelopment have a prevalence of gender discrimination and certain harmful practices, which distort the inherent egalitarianism of Islam.
Beyond Muslim societies, even in countries where reproductive laws are less restrictive, women’s access to reproductive health services is hampered by inequalities of educational level and economic resources, as well as an urban/rural divide in availability of services.
As would also be true in most developing countries, the gaps between legal frameworks and reality are stark, and a legal right does not guarantee access or necessarily protect women from repercussions or discrimination. So in the absence of economic justice and equality, reproductive rights for women will remain elusive in every society.
The secretary-general of the Organization of Islamic Cooperation (OIC) has formed a Permanent Consultative Committee comprising members of the OIC General Secretariat, the OIC Independent Permanent Human Rights Commission and the International Islamic Fiqh Academy. It is tasked with coming up with clear definitions of important concepts and terms relating to the right to sexual and reproductive health. Once finalized, the committee’s work will serve as concrete guidance for member states to take informed positions and decisions when discussing these issues at international forums, as well as while devising and implementing corresponding policies and actions at home.
• Marghoob Saleem Butt is executive director of the Jeddah-based Independent Permanent Human Rights Commission (IPHRC), an advisory body on human rights issues established by the Organization of Islamic Cooperation (OIC). He is a diplomat by profession. He holds a Masters in Political Science from the University of Punjab (Pakistan), and a Post-Graduate Diploma in Diplomatic Studies from Oxford University (UK).
