From Reproductive Choice to Reproductive Justice
International Journal of Gynecology and Obstetrics, Vol. 106, pp. 106-109, 2009
Univ. of Toronto Law School, Legal Studies Research Paper Series No. 1437637
4 Pages Posted: 6 Oct 2009
Date Written: 2009
Abstract
Since the 1994 Cairo Conference on Population and Development, the human rights movement has embraced the concept of reproductive rights. These are often pursued, however, by means to which objection is taken. Some conservative political and religious forces continue to resist implementation of several means of protecting and advancing reproductive rights. Individuals' rights to grant and to deny consent to medical procedures affecting their reproductive health and confidentiality have been progressively advanced. However, access to contraceptive services, while not necessarily opposed, is unjustifiably obstructed in some settings. Rights to lawful abortion have been considerably liberalized by legislative and judicial decisions, although resistance remains. Courts are increasingly requiring that lawful services be accommodated under transparent conditions of access and of legal protection. The conflict between rights of resort to lawful reproductive health services and to conscientious objection to participation is resolved by legal duties to refer patients to non-objecting providers.
Keywords: Abortion rights, conscientious objection, contraception, Developments legal, reproductive health
JEL Classification: K10, J13, I18, I10
Suggested Citation: Suggested Citation