Reproductive Rights

[Jonathan Buhacoff]

Intent

To define the reproductive rights of individuals using the proposed rights framework.

Proposal

The following proposed rights cover the basic reproductive rights:

* Right to consent
* Right to dignity
* Right to education
* Right to life
* Right to parental control
* Right to seek medical care

The primary reproductive rights are already covered in the right to parental control. Other issues related to reproductive rights are covered by the right to consent, right to dignity, right to education, right to life, and right to seek medical care.

The “right to reproduce” is intentionally omitted as a separate right because it would overlap and be redundant with the other rights already proposed which cover all the essential reproductive rights and also apply in other contexts.

However, the proposed rights mentioned here and collectively referred to as “reproductive rights” do protect a person’s liberties to choose to reproduce or to choose not to reproduce.

Nobody has an obligation to help someone else reproduce, and nobody is guaranteed that they will be able to reproduce. The rights mention above only create a space for someone to have the liberty to reproduce if they so choose and if they are so able.

Discussion

The other proposed rights may already cover reproductive rights. This topic outlines some reproductive rights and shows how they are covered by the other proposed rights.

Reading the Reproductive rights (Wikipedia) article about reproductive rights, the following rights are enumerated:

Right to reproduce and start a family

This is covered by the right to parental control, “No person shall be deprived of the ability to reproduce without their consent”. If a person is not being deprived of the ability to reproduce, then they can do so and start a family. There is no guarantee that they find a willing partner or be successful.

Decide the number and timing of children (family planning) and having the means to do so

This is covered by the right to parental control, “No person shall be deprived of the ability to reproduce without their consent” and “No person shall be forced to reproduce without their consent”. Without being forced to reproduce or being deprived of the ability to reproduce, a person has the liberty to decide the number and timing of their children. Having the means to do so is not guaranteed because that depends on the available technology.

Right to information about reproduction

This is covered by the right to education and the right to seek medical care.

Right to education about sexually transmitted infections

This is covered by the right to education and the right to seek medical care.

Right to good quality sexual and reproductive healthcare

This is covered by the right to seek medical care. The quality of care cannot be guaranteed, but it should be as good as available to anyone else because of the right to equal opportunity.

Right to menstrual health

This is covered by the right to seek medical care. A person’s health cannot be guaranteed but a person shall not be deprived from seeking medical care.

Right to abortion

This cannot be a right because it depends on available technology. See the abortion topic for more discussion.

Right to birth control

This cannot be a right because it depends on available technology. However, if the technology is available then it is covered by the right to parental control “No person shall be deprived of access to contraceptives” and right to seek medical care.

Freedom from female genital mutilation

This is covered by the right to life “no person shall harm or kill another person”.

Freedom from coerced sterilization

This is covered by the right to parental control, “No person shall be sterilized without consent”.

Freedom from coerced contraception

This is covered by the right to parental control, “No person shall be deprived of the ability to reproduce without their consent”.

Freedom to use contraception when it’s wanted

This is covered by the right to parental control “No person shall be forced to reproduce without their consent”.

Protection from mistreatment during pregnancy, labor, delivery, and postpartum

This is covered by the right to dignity and the right to life and the right to equal opportunity.

References

* Reproduction (Liberty)
* Reproductive rights (Wikipedia)

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