This document reinforces the Montevideo Consensus and jointly agrees on the recognition of all types of families.
In this AO on the situation of persons deprived of their liberty, the Court establishes a specific section on "The need to adopt special measures to give effect to the rights of pregnant, postpartum and breastfeeding women or primary caregivers deprived of their freedom", and there it recognizes and defines obstetric violence.
This General Recommendation considers the voices of Indigenous women and girls as protagonists and leaders within and outside their communities. It identifies and addresses different forms of intersectional discrimination faced by Indigenous women and girls, and their key role as leaders, bearers of knowledge and conveyors of culture within their villages, communities, families and society as a whole. (Paragraph 2).
The chapter on LGTBI rights focuses on the condemnation of violence motivated by sexual orientation, gender identity, gender expression and sexual characteristics, urges States to take measures and establishes lines of action for OAS bodies.
The XV RWC held its meeting under the theme "Towards caring societies", and adopted the Buenos Aires Commitment, a robust and comprehensive document that represents a roadmap for the States. Under this framework, commitments and agreements were made regarding SRHR, the rights of persons with disabilities, among others.
The Constitutional Chamber of the Supreme Court of El Salvador ruled that the Constitution prohibits discrimination on the basis of gender identity and gave the legislature one year to develop a mechanism by which anyone can change their name to be compatible with their gender identity.
In this ruling, the Court established the legality of voluntary abortion up to 24 weeks of gestation, maintaining the system of grounds for cases that exceed that limit.
The Supreme Court invalidated a provision of the Civil Code of Puebla that required a person to be 18 years old in order to request a new birth certificate, for violating the right to gender identity of trans children and adolescents.
In this decision the Court recognizes the category of "non-binarie" for the registration of persons.
The purpose of this law is to recognize and guarantee the rights of women during pregnancy, labor, delivery, postpartum and gestational and perinatal mourning with freedom of decision, conscience and respect; as well as to recognize and guarantee the rights of newborns.
On November 2, 2021, the Inter-American Court of Human Rights issued a judgment declaring the Republic of El Salvador internationally responsible for the violation of the rights: (i) to personal liberty and to the presumption of innocence to the detriment of Manuela; (ii) to the defense, to be tried by an impartial tribunal, to the presumption of innocence, the duty to state reasons, the obligation not to apply legislation in a discriminatory manner, equality before the law, the right not to be subjected to cruel, inhuman or degrading punishment and the obligation to ensure that the purpose of the custodial sentence is the reform and social readaptation of convicted persons, to the detriment of Manuela; iii) to life, personal integrity, privacy, equality before the law, health and equality before the law, to the detriment of Manuela, and iv) to personal integrity to the detriment of Manuela's mother, father, eldest son and youngest son, in relation to the obligations to respect and guarantee the rights and the duty to adopt domestic law provisions, to the detriment of Manuela.
On March 26, 2021, the Inter-American Court of Human Rights issued a judgment declaring that the State of Honduras was responsible for the violation of the right to life and personal integrity (Articles 4 and 5 of the American Convention), to the detriment of Vicky Hernández, a transgender woman, sex worker and defender of the rights of transgender women. The responsibility of the State was established since there are several indications of the participation of State agents in the events that led to her death, which occurred in San Pedro Sula on June 28, 2009. Upon finding that the violence against Vicky Hernandez was due to her gender expression or identity, the Court concluded that the State was responsible for violating the rights to recognition as a person before the law, to personal liberty, to privacy, to freedom of expression, and to a name (Articles 3, 7, 11, 13, and 18 of the American Convention), and that it failed to comply with the obligation established in Article 7.a of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women to the detriment of Vicky Hernandez.
The chapter on LGTBI rights focuses on the condemnation of violence motivated by sexual orientation, gender identity, gender expression and sexual characteristics, urges States to take measures and establishes lines of action for OAS bodies.
This law amends several legal bodies to regulate, on equal terms, marriage between persons of the same sex. It includes the concepts of sexual orientation and gender identity.
The Supreme Court's decision unanimously invalidates the section of Coahuila's Penal Code that punishes consensual abortion with one to three years in prison. It also requires local and federal judges to follow the court's reasoning when deciding abortion-related cases. In this ruling, the Supreme Court recognized for the first time the right of women and pregnant persons to have an abortion without the criminal consequences.
The Court considered that it is unconstitutional to grant the status of person to the embryo or fetus, since in this way decisions are being made that go against reproductive autonomy. Consequently, it decided to invalidate part of article 4° Bis A, section I, of the Political Constitution of the State of Sinaloa, which established the protection of the right to life "from the moment an individual is conceived, is under the protection of the corresponding law, until his or her death".
In this ruling, the Supreme Court determined the unconstitutionality of the ninety-day deadline to perform a voluntary termination of pregnancy in the case of rape, a limitation established in Article 181 of the Penal Code of the state of Chiapas.
The Court determined that Article 10 Bis of the General Health Law, which broadly established the right to conscientious objection, did not guarantee care to all persons, and, that discriminatory acts could be conducted by virtue of the exercise of this right.
In this agreement, the States committed to promote the full exercise of sexual and reproductive rights, including explicitly mentioning safe and quality abortion services in cases where abortion is legal or decriminalized in national legislation.
In this thematic report, the IACHR addresses, among other issues, the right to recognition of gender identity, as well as the human rights violations trans and gender-diverse persons suffer, among other reasons, as a result of the failure to guarantee and protect this right.
In this GC, the Committee focuses on the Covenant right of everyone to enjoy the benefits of scientific progress and its applications (art. 15, para. 1 (b)), since this is the right most frequently invoked in relation to science. However, the purpose of this general comment is not limited to that right, but is also to elaborate on the relationship between science and economic, social and cultural rights in a broader sense. (Para. 3).
It is a landmark ruling because it establishes for the first time standards to prevent girls and adolescents from suffering sexual violence in educational settings throughout Latin America and the Caribbean. The Court points out that the right to sexual and reproductive education is an integral part of the right to education. It must be comprehensive, non-discriminatory, evidence-based, scientifically rigorous and age-appropriate. It must be suitable to enable girls and boys to have an adequate understanding of the implications of sexual and affective relationships, particularly in relation to consent to such relationships and the exercise of their sexual and reproductive rights.
The case refers to the international responsibility of the State for the violations of the rights of Beatriz and her family due to the absolute prohibition of voluntary termination of pregnancy, which prevented her from having access to a legal, early and timely termination of pregnancy, in a situation of serious risk to life, health and integrity, and non-viability of the fetus with extrauterine life. In its merits report, the Commission established that the affectations and risks to the rights to life, health, personal integrity and private life of Beatriz reached maximum severity, as a consequence of the lack of access to the interruption of the pregnancy as a consequence, the degree of achievement of the intended purpose, that is, the protection of the life of the fetus was null due to its condition of anencephaly.
On March 12, 2020, the Inter-American Court of Human Rights issued a sentence in which it declared the Republic of Peru internationally responsible for the violation of the rights to personal liberty, to personal integrity, to privacy, to freedom from torture, to judicial guarantees and to judicial protection of Azul Rojas Marín, in relation to the obligations to respect and guarantee said rights without discrimination and to adopt provisions of domestic law. The Court also declared the State responsible for the violation of the right to humane treatment of Azul Rojas Marín's mother, Mrs. Juan Rosa Tanta Marín.
The chapter on LGTBI rights focuses on the condemnation of violence motivated by sexual orientation, gender identity, gender expression and sexual characteristics, it also urges States to take measures and establishes lines of action for OAS bodies.
Law No. 27.610 regulates access to voluntary and legal termination of pregnancy and postabortion care for all persons with gestational capacity. It is of mandatory application throughout the country. As of this law, Law 27.610, women and people with other gender identities have the right to terminate their pregnancies: - Up to the fourteenth (14) week, without the need to explain the reasons for their decision. - When the pregnancy is the result of rape or if her life or health is in danger. Likewise, all persons have the right to post-abortion care regardless of whether or not the abortion occurred in the situations provided by law, and to access to contraceptive methods.
Article 53 of this law determines that the institutions that provide health services must implement actions to guarantee sexual and reproductive health care for persons with disabilities. It also establishes that the autonomy of women with disabilities must be respected in family planning processes and in cases of sterilizations, based on their free and informed consent.
In this sentence the Federal Supreme Court states that people have the subjective right to change the name and gender classification in the birth certificate, without the need for surgical procedure reassignment surgery. It establishes this decision on the Principles of human dignity, personality, privacy, "isonomy", health and happiness.
The GR focuses on the interpretation of Article 6 of the Covenant, which refers to the right to life.
In this report the IACHR states that although there is no legal definition of obstetric violence, the IACHR has considered that "obstetric violence encompasses all situations of disrespectful, abusive, negligent treatment, or denial of treatment, during pregnancy and the previous stage, and during childbirth or postpartum, in public or private health centers". The IACHR specifies that obstetric violence is defined as actions or omissions on the part of doctors and support personnel in public or private health services during pregnancy, childbirth and postpartum; characterized by dehumanizing or discriminatory treatment that causes physical, psychological or moral harm to the woman.
In this GC the Committee refers to discrimination based on sexual orientation and gender identity.
In this GC the Committee refers to discrimination based on sexual orientation and gender identity.
In its report on the merits, the IACHR determined that the State did not prove that it had acted diligently or adopted reasonable measures to safeguard the rights of Mrs. Britez Arce, despite the special duties it had towards her as a pregnant woman.
In this report the IACHR states that although there is no legal definition of obstetric violence, the IACHR has considered that "obstetric violence encompasses all situations of disrespectful, abusive, negligent treatment, or denial of treatment, during pregnancy and the previous stage, and during childbirth or postpartum, in public or private health centers". The IACHR specifies that obstetric violence is defined as actions or omissions on the part of doctors and support personnel in public or private health services during pregnancy, childbirth and postpartum; characterized by dehumanizing or discriminatory treatment that causes physical, psychological or moral harm to the woman.
The chapter on LGTBI rights focuses on the condemnation of violence motivated by sexual orientation, gender identity, gender expression and sexual characteristics; and urges States to take measures and establishes lines of action for OAS bodies.
This decree regulates Article 6 of Law 19.580 on Gender-Based Violence against Women. It establishes that health service providers must adopt the necessary measures to ensure that women's care during the preconception consultation, pregnancy, birth and puerperium, as well as that of newborns, complies with the principles of the humanized-respectful care model. In particular, it determines that clinical practice should respect the right of every woman to be treated with respect, to be informed and to be accompanied by a trusted emotional support person throughout labor.
The purpose of this law is to establish the guidelines for the development of public policy for the prevention of infertility and its treatment within the parameters of reproductive health.
The Constitution of the Republic recognizes sexual orientation and gender identity.
The Constitution of the Republic recognizes and protects sexual and reproductive rights.
In this document, the States of the region decide to reaffirm "the Montevideo Consensus on Population and Development as the basis for a comprehensive and strategic roadmap for national and regional action on population and development, which provides specific orientations and guidelines for the region in this area beyond 2014".
The case refers to a series of violations in the framework of the criminal proceeding derived from a miscarriage that culminated in the conviction for the crime of aggravated homicide. In its analysis of the merits, the Commission determined that the State violated the right to personal liberty for the illegal detention of the victim, the right to privacy and the right to health; as well as the international responsibility of the State for the violation of the duty to state reasons, presumption of innocence and the principle of equality and non-discrimination taking into account the application of a series of stereotypes throughout the criminal proceedings. In addition, the Commission concludes that the violation of professional secrecy constituted an arbitrary restriction of Manuela's right to privacy.
In this Resolution, the OAS condemns discrimination and acts of violence based on sexual orientation and gender identity or expression. In addition, one of its objectives is to expand, improve and ensure access to health services for persons with disabilities, including sexual and reproductive health services,
As stated in Paragraph 1, the purpose of this GC is to clarify the obligations of States parties in relation to non-discrimination and equality, as enshrined in Article 5 of the Convention. Specific reference is made in this GC to the guarantee of the right to sexual and reproductive health.
The purpose of this Law is to ensure the right of trans persons to a life free of discrimination and stigmatization, for which it establishes mechanisms, measures and comprehensive policies for prevention, care, protection, advocacy and redress. It recognizes the right of every person to the free development of his or her personality in accordance with his or her gender identity and establishes that every trans person has the right to comprehensive care in order to adapt his or her body to his or her gender identity.
Recognizes and protects the right to gender identity.
In this decision, the Mexican Supreme Court granted the amparo to CLM and ordered the Civil Registry to process her request, in order to allow her to go through a formal and administrative procedure to obtain the adjustment of her gender identity. The Court noted that gender identity is a constitutive and constituent element of a person's identity.
In this decision, the Court ratified that the legal debate on the fundamental right to the Voluntary Interruption of Pregnancy (IVE in spanish) is concluded and upheld the order directed to the Ministry of Health to issue a regulation on the matter, in order to overcome the barriers preventing access to abortion. The Court includes all the jurisprudential precedent on IVE and ratifies the standards (rules and sub-rules) for the protection and guarantee of this right, which are mandatory (Source: The right to abortion in Colombia).
The law defines gynecological and obstetric violence among the types of violence.
The general recommendation complements and updates the guidance provided to States parties in general recommendation No. 19 and should be read in conjunction with it.
The Court emphasized that gender identity is a constitutive and constituent element of the identity of persons, and therefore its recognition by the State is of vital importance to guarantee the full enjoyment of the human rights of transgender persons. Thus, the Court established that, although the right to recognition of gender identity is not explicitly enshrined in the American Convention on Human Rights, it is necessarily derived from a harmonious interpretation of the articles that guarantee the human rights of transgender persons.harmonious interpretation of the articles that guarantee the recognition of juridical personality, the free development of personality, the right to privacy and the right to a name.
This thematic report indicates that the Inter-American Commission has been informed that, in several Latin American countries, indigenous women seeking health services were forced to undergo sterilization or to use contraceptives. In addition, the IACHR considers that States have certain fundamental obligations that require the immediate adoption of priority measures in the area of maternal health. One of these is to prioritize efforts and resources to ensure access to maternal health services for women who tend to be at higher risk, such as indigenous women.
In this report, the IACHR highlights the widespread conditions of discrimination and social exclusion faced by gay, lesbian, bisexual, transgender and intersex (LGBTI) children and adolescents. In turn, the Commission notes that States should create mechanisms to collect information and monitor social perceptions about children and adolescents and their rights. In particular, it is important to understand the resistance in society towards the exercise of certain rights such as sexual and reproductive rights.
Article 6 of Law 19,580 includes obstetric violence as one of the manifestations of gender-based violence and defines it as ""any action, omission and pattern of behavior performed by health personnel in the reproductive processes of a woman and that affects her autonomy to decide freely about her body and/or abuse of invasive techniques and procedures"".
In this ruling, the Constitutional Chamber of the Supreme Court of Justice admitted an action brought by several citizens who, based on the right to the free development of their personality provided for in Article 20 of the Constitution of the Bolivarian Republic of Venezuela, request the recognition of their rights to change their names and gender.
The law authorizes the termination of pregnancy, performed by a surgeon with the woman's consent, in three cases: 1° If she is in life-threatening danger, in order to avoid a danger to her life; 2° if the embryo or fetus suffers from a congenital pathology of a lethal nature, that is, incompatible with its independent life once outside the uterus; and 3° if the pregnancy is the result of rape, at up to 12 weeks of gestation, a term that is extended to 14 weeks if the girl is under fourteen years of age.
In this ruling the Court establishes the constitutionality of Law 807, although it declares as unconstitutional the paragraph II of Article 11 in its sentence ""...will allow the person to exercise all fundamental, political, labor, civil, economic and social rights..."".
This GC details the specific legal obligations incumbent upon States parties to respect, protect and fulfill the right of everyone to sexual and reproductive health. Among them, it calls for the reformulation of laws that impede the realization of the right to sexual and reproductive health, such as laws criminalizing abortion, non-disclosure of HIV status, exposure to HIV and its transmission, sexual relations between consenting adults, and transgender identity or expression.
This case deals with the responsibility of the State for the damages suffered by Mrs. I.V. as a result of a fallopian tube ligation surgery she underwent without her informed consent. The Court declared violated, among others, the rights to personal integrity, dignity, private and family life, and access to information. It also emphasized that non-consensual sterilizations disproportionately affect women because they are socially assigned the reproductive and family planning function.
The Montevideo Strategy comprises 74 measures for the ten axes for implementation that are agreed upon at the regional level by the governments of Latin America and the Caribbean, and which are subsequently adapted to the priorities and needs of the countries and inserted into the sustainable development plans, although they are applicable at different levels (national, subnational, local, regional and international). In this strategic document, the States Parties agree to define that ""The Regional Gender Agenda identifies agreements for gender equality and women's autonomy in relation to multiple issues that can be grouped into critical dimensions linked to human rights, and which, therefore, recognize women as subjects of rights and the States as guarantors of these rights, while ratifying their universal, indivisible, inalienable and interdependent nature: ii) Sexual and reproductive rights in relation to: information and comprehensive sexual education; safe and quality abortion services, in cases where abortion is legal or decriminalized in national legislation; contraception; integrated social health services; maternal mortality; sexual orientation and gender identity; universal and accessible services; disability and old age; eradication of pregnancy in girls, prevention of pregnancy and teenage motherhood; sexually transmitted infections and HIV/AIDS; health emergencies; healthy motherhood; technological development; different types of families.
In this GC, the Committee elaborates on the scope of the Convention regarding the rights of adolescents, establishes standards for access to services and consent, and urges States to guarantee access to safe abortion and post-abortion care, and to decriminalize the practice.
In this GC, the Committee reports on the obstacles encountered by women and girls with disabilities in most areas of life, which generate situations in which there are multiple and intersectional forms of discrimination against women and girls with disabilities, particularly in relation to the ability to exercise control over their own lives in various contexts, for example, with respect to health care, including sexual and reproductive health services, and where and with whom they wish to live, and makes recommendations to States Parties in this regard.
In this GR, the Committee clarifies the obligations of States parties to guarantee the rights of rural women, focusing on Article 14 of CEDAW. While that article is the only provision of an international human rights treaty that refers specifically to rural women, all rights under the Convention apply to them, and Article 14 must be interpreted in the context of the Convention as a whole. (Parragraphs. 1 and 2).
The purpose of this law is to establish policies and strategies for the prevention of violence against women, mechanisms for attention and measures for protection, punishment and comprehensive reparation. It defines violence against reproductive rights as the action that impedes, limits or violates the right of women to freely decide the number of children they wish to have; to receive information, guidance, comprehensive care and treatment during pregnancy or loss of pregnancy, childbirth, puerperium and breastfeeding; to exercise safe motherhood; or to choose safe contraceptive methods. In addition, it defines obstetric violence as violence exercised by health personnel over women's bodies and the physiological or pathological processes present during pregnancy, and as dehumanizing treatment that violates women's human rights.
The purpose of this standard is to establish the minimum criteria for medical care for women during pregnancy, childbirth and puerperium. It determines that care should be comprehensive and focused on considering human reproduction as an expression of reproductive rights, promoting co-responsibility in health care for the woman, her partner, the community and health personnel. Care for women during pregnancy, childbirth and puerperium and for newborns must be provided with quality and respect for their human rights, especially their dignity and cultural heritage, providing psychological support during their development. In addition, it establishes that no person providing gynecology and obstetrics services shall discriminate against or exercise any type of violence against women in labor.
The Law establishes the procedure for the change of name and sex data of transsexual and transgender persons, allowing them to exercise their right to gender identity.
In this ruling, the Court establishes some limits to conscientious objection regarding abortion, by specifying that only those who are directly involved in the procedure may object.
In this decision the Court establishes that the fundamental right to voluntary termination of pregnancy is NOT limited to the performance of the medical procedure, but also involves basic components of information, accessibility and availability of services by health care providers. In addition, the Court states that there are no time limitations for the performance of the abortion procedure in the grounds set forth in Ruling C-355 of 2006, being mandatory even at later stages of pregnancy. (Source El derecho al aborto en Colombia)
In this decision the Court settled the interpretations about the protection of prenatal life, stating that the determination of the legal existence of the person from birth does not violate the duty to protect life from conception, established in Article 4.1 of the American Convention, since life as a value is a constitutionally relevant good, but does not have the same degree of protection as the right to life. (Source The right to abortion in Colombia).
This law recognizes gender identity and regulates the change of the field "sex" to "gender" in the Identity Card.
Through this regulation, the Legislature amends Law No. 156 in order to clarify the scope of its provisions. In particular, it specifies the right of the woman in labor to be accompanied by a person of her choice and establishes greater safeguards to the right of the expectant mother to be informed prior to consenting any particular procedure.
This ruling of the Constitutional Court represents a departure from previous constitutional doctrine in relation to the right to gender identity. The departure from this jurisprudential doctrine will allow judicial bodies to protect the right to identity and legal personality of transsexual persons, since there will be no impediment, either legal or jurisprudential, to guarantee these rights.
This UN General Assembly Resolution adopts the outcome document of the United Nations summit for the adoption of the post-2015 development agenda: Transforming our world: the 2030 Agenda for Sustainable Development. It is a comprehensive action plan structured around 15 Goals, disaggregated with their respective indicators.
In this GR, the Committee examines the obligations of States parties to ensure that women have access to justice. These obligations encompass the protection of women's rights against all forms of discrimination in order to empower them as individuals and rights-holders. Effective access to justice maximizes the emancipatory and transformative potential of law. (P.2)
This law establishes that actions must be implemented in order to assess the sexual and reproductive wellbeing of people between 10 and 19 years of age, ensuring the provision of contraceptive methods for the prevention of unplanned pregnancies, as well as for the prevention of STIs.
This is a landmark ruling of great importance in the consolidation of the normative framework regarding abortion, especially in relation to the grounds of sexual violence and risk to the life and health of the woman. In this decision, the Court states that the right to abortion is a fundamental right of women in Colombia. The voluntary termination of pregnancy falls within the category of reproductive rights, which, are recognized as human rights. It also establishes that all victims of sexual violence have the right to abortion, which will be guaranteed through priority attention and medical urgency, regardless of the time elapsed between the moment of the aggression and the consultation, and regardless of the existence of a criminal complaint. (Source El derecho al aborto en Colombia)
This ruling, establishes that each person has the right to autonomously define their sexual and gender identity and to have the data recorded in the civil registry correspond to their identity definition, which is constitutionally protected by the provisions that guarantee the free development of personality (art. 16 CP), the recognition of legal personality (art. 14 CP), and respect for human dignity in the three manifestations identified above: (i) right to live as one wants; (ii) right to live well; (iii) right to live without humiliation. In the present case, the three dimensions are relevant, especially the first and the third, since the lack of correspondence between the sexual and gender identity that a person assumes and that which is registered in his identity documents implies denying the person a constitutive dimension of their personal autonomy (the right to live as one wishes), which in turn can become the object of rejection and discrimination by others (right to live without humiliation) and hinder the employment opportunities that allow access to the material conditions necessary for a dignified life (right to live well).
The Civil Code establishes a chapter on "General rules regarding filiation by assisted human reproduction techniques"
In this joint GR, the Committees establish standards regarding the duty to ensure access to comprehensive and confidential health services.
Through this decision, the Common Market Council approves the ""MERCOSUR Gender Equality Policy Guidelines"", which urge the States to develop policies that ensure the full exercise of sexual and reproductive rights of women and men; guarantee the right to make free, informed, voluntary and responsible decisions on sexuality and reproduction, without coercion, violence or discrimination based on sexual orientation, gender identity, ethnicity, race, religious beliefs, disability or place of residence.
In this case, the Public Prosecutor's Office complains that, since no psychiatrist participated in the report of the Advisory Commission on Gender Identity, the petitioner should have provided a report from a professional treating her mental health, or undergone an expert opinion. The petitioner, on the other hand, states that it is illegitimate to condition the right to a change of name and registered sex to the performance of medical treatments, since it would be an arbitrary interference in the private life (art. 12 Universal Declaration, 17 of the International Covenant on Civil and Political Rights). The Court ruled that the law does not establish how the multidisciplinary team specialized in gender identity and diversity, to be constituted within the General Directorate of the Civil Status Registry, will be conformed, so it cannot be understood that there is any illegality whatsoever. Finally, it states that the law is clear in granting a special value to the testimony of the people who know the daily life of the petitioner and that of the professionals who have attended him/her from a social, mental and physical point of view, which in no way can be confused with the need for such evidence.
The purpose of the Code is to recognize, develop and regulate the exercise of the rights of children and adolescents, implementing a Plurinational Comprehensive System for Children and Adolescents, to guarantee these rights through the co-responsibility of the State at all levels, family and society. It contains a specific section related to sexual and reproductive health of children and adolescents, and establishes measures related to comprehensive sexuality education.
In this decision the Court establishes that there is right to abortion in case of rape, incest or threat to life or health. It also states that judicial authorization is not required, nor is a complaint of rape, and urges the powers of the State to take measures to guarantee sexual and reproductive rights.
Causes of non-punishability for abortion are established
The Montevideo Consensus is a milestone in the sexual and reproductive rights agenda at the regional and global level because it establishes the first definition of sexual and reproductive rights agreed upon at the intergovernmental level, and indicates a concrete regional agenda, a true roadmap with clear lines of action in addition to 130 points that recognize the need to establish accountability and follow-up mechanisms, as well as definitions based on the international human rights obligations of States.
In this GC, the Committee deepens the interpretation of the scope of the right to health, "from the perspective of the rights of the child, in the sense that all children are entitled to opportunities for survival, growth and development in a context of physical, emotional and social well-being to the maximum extent of their potential".
In this document there is a chapter that states that women's autonomy is an essential factor in guaranteeing the exercise of their human rights in a context of full equality and, in particular, that control over their bodies, their integral health and the right to a life free of violence (physical autonomy) is an essential factor in guaranteeing the exercise of their human rights in a context of full equality.
In this report, Special Rapporteur Juan Mendez examines several of the abusive practices commonly reported in health care settings and describes how the framework of protection against torture and ill-treatment is applied in that context. This is a key report because it highlights the link between the prohibition of practices such as abortion and torture.
Law 19.167 regulates assisted human reproduction techniques, establishing the State's duty to guarantee that these procedures are included in the benefits of the National Health System.
This law aims to guarantee women's right to a life free of violence. It establishes that women have the right to decide about their reproductive life in accordance with the law, as well as to decide the number of pregnancies and when to have them. It defines violence against reproductive freedom as that which violates the right of women to decide freely and responsibly the number of pregnancies or the interval between births. As for obstetric violence it defines it as that which is exercised by health personnel over the body and reproductive processes of women, whether expressed in abusive, dehumanizing, humiliating or rude treatment.
The law defines violence against reproductive rights as one of the types of violence.
It defines sexual and reproductive health attention, and also establishes comprehensiveness and interculturality as guiding principles.
Article 65 of this law determines the creation of the Department of Prevention and Health, whose purpose is to guarantee that the general policy of health and prevention services ensures that persons with disabilities have effective access to adequate care for their physical and mental health, including sexual and reproductive health, as well as early detection and intervention, when appropriate, as well as services aimed at preventing and reducing the development of new disabilities.
The purpose of this law is to guarantee and ensure the effective exercise of the rights of persons with disabilities, through the adoption of measures of inclusion, affirmative action and reasonable adjustments and eliminating all forms of discrimination due to disability.
This law, which creates the statute of youth citizenship, states that there shall be no discrimination based on sexual orientation or gender identity, in addition to establishing that young people have the right to the full enjoyment of their sexual and reproductive health, for which reason the State shall create prevention, training and information policies with a differential and responsible approach.
In this decision, the Court emphasized that the pre-implantation embryo is not covered by the terms of Article 4 of the Convention and recalled the principle of gradual and incremental protection of prenatal life.
The case concerns the international responsibility of the State for discriminatory treatment and arbitrary interference in the private and family life of Karen Atala Riffo, due to her sexual orientation. It established important standards for the principle of equality and the obligation not to discriminate on the basis of gender.
The law establishes the right to modify personal data in the registry: change the name, image and registered sex. Access to hormonal treatments and total or partial surgical interventions to adapt the body to the chosen identity. Develop the personality in accordance with the chosen identity. In 2018, this regulation was abolished by the Comprehensive Law for trans persons.
The Supreme Court clarified the scope of non-punishable abortion and said that these cases should not be prosecuted. It interpreted the Penal Code by saying that the termination of pregnancy resulting from any kind of rape is not punishable and that any case of non-punishable abortion is not subject to judicial proceedings, and urged the implementation of hospital protocols.
It establishes the right to the termination of an unwanted or unplanned pregnancy within the first 12 weeks of gestation, and the obligation of the institutions to guarantee access to those who require the service. After this term, the law determines that the termination of pregnancy may be performed when it implies a serious risk to health; when a pathological process incompatible with extrauterine life is verified and when it is the result of a rape proven by a judicial accusation, within fourteen weeks of gestation.
This law establishes that the State guarantees that persons with disabilities have access to comprehensive, quality health services implemented with quality infrastructure, equipment and trained human resources, including rehabilitation and sexual and reproductive health.
The law guarantees the Sexual and Reproductive Rights of persons with disabilities, and recognizes their right to decide freely about their sexuality and reproductive rights, and acknowledges their sexual diversity.
Incorporates the insertion of Intrauterine Device (IUD) as a mandatory service in the Comprehensive Health Programs.
With this decision the SC establishes the unconstitutionality of the interpretation according to which the termination of pregnancy of an anencephalic fetus is a conduct typified in articles 124, 126 and 128, paragraphs I and II, of the Penal Code. It endorses the legal abortion of proven anencephalic fetuses.
The case contributed to a growing consensus in international law that restricting women's access to abortion can be considered torture or cruel, inhuman or degrading treatment under Article 7 of the ICCPR. It also demonstrated that obstruction of access to lawful and effective medical procedures can violate the Covenant.
The Committee established that Peru should amend its law to allow women to obtain an abortion in cases of rape and sexual assault; establish a mechanism to ensure the availability of such abortion services; and guarantee access to abortion services when the woman's life and mental and physical health are in danger, circumstances in which abortion is currently legal in the country; it also urged the State to review its restrictive interpretation of therapeutic abortion in line with the Committee's general recommendation No. 24.
This was the first case on maternal mortality brought before the CEDAW Committee. The Committee approached the case with reference to Article 12 of the ICESCR and General Comment 14 on the right to health developed by the CESCR to capture the scope of the rights and obligations at stake. This case represented an important step towards greater coherence in international human rights law on women's economic, social and cultural rights. Also, the CEDAW Committee's inclusion of factors that affected Pimentel's access to health services, such as poverty and race, was important in further developing an inter-sectional concept of ESC rights. (ESCR NETWORK)
The case refers to the international responsibility of the State for the enforced disappearance of María Claudia García Iruretagoyena de Gelman, as well as the suppression and substitution of identity of María Macarena Gelman García. In this decision, the Court determined that the facts of the case reveal a particular conception of a woman's body that undermines her maternity, which is an essential part of the free development of women's personality.
In this report, the IACHR recalls that the right to access to information is especially relevant in the area of health and specifically in the area of sexuality and reproduction, as it contributes to the ability of individuals to make free and informed decisions regarding intimate aspects of their personality. Under the Inter-American system, access to sexual and reproductive information involves a series of rights such as the right to freedom of expression, personal integrity, protection of the family, privacy and freedom from violence and discrimination.
In this report, Special Rapporteur Anand Grover on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health examines the interaction between criminal laws and other legal restrictions on sexual and reproductive health and the right to health. The right to sexual and reproductive health is a fundamental part of the right to health. States must therefore ensure that this aspect of the right to health is fully realized. The Special Rapporteur examines the impact of criminal and other legal restrictions on abortion; conduct during pregnancy; contraception and family planning; and access to sexual and reproductive health education and information. Some of the criminal and other legal restrictions in each of these areas, often discriminatory, hinder access to quality goods, services and information and thus violate the right to health. They also violate human dignity by restricting the freedoms arising from the right to health, particularly with regard to decision-making and physical integrity. Moreover, the application of these laws to achieve certain public health outcomes is often ineffective and disproportionate.
The purpose of this law is to ensure the minimum conditions for the exercise of all persons' right to decide the number and frequency of the birth of their children and to receive adequate services, as well as proper assistance to the woman and the newborn during childbirth. For this purpose, resources for the provision of contraceptives and delivery kits are assured and the right of every woman to receive these supplies free of charge, according to her voluntary and informed choice, is established.
Article 4 of the Mexican Constitution establishes that everyone has the right to decide freely, responsibly and in an informed manner on the number and spacing of their children.
It establishes that the Ministry of Health will provide information, education, hygiene, preventive and healing sexual and reproductive health services to men and women with disabilities throughout their life cycle; the reduction of maternal mortality.
This law amends the Health Code to authorize midwives to prescribe contraceptives.
It specifies that the State establishes as fundamental rights in the area of comprehensive health, sexual health and reproductive health: the right to receive qualified information on matters related to these rights; the right to receive risk prevention services in this matter; and the right to comprehensive care. It determines that all persons, without any discrimination whatsoever and at all stages of their lives, must be guaranteed access to educational information, free and good quality services for comprehensive health care in the design, implementation and evaluation of health policies and plans. In addition, quality health services during fertilization, implantation, pregnancy, childbirth and puerperium should also be guaranteed to all women, without discrimination of any kind.
In this ruling, the Court indicates that it is not possible to require a court order for the practice of abortion, and that the evaluation of the medical condition of a pregnancy is not the responsibility of women, but an obligation that corresponds to the entity providing health services, in order to verify whether any cause for abortion is present. In addition, the Court indicates that there is no gestational age limit for access to abortion, although medical criteria must be taken into account for the practice of abortion at advanced gestational ages, without censuring the autonomous decisions of women about their health and reproductive autonomy. (Source The right to abortion in Colombia).
In this ruling, the Supreme Court declared the invalidity of the first paragraph of article 7 of the Political Constitution of the State of Baja California, regarding the normative portion that established the protection of life from the moment of conception. The Court understood that the challenged normative portion, even though it intends to protect prenatal life -a good deserving of constitutional protection-, is unconstitutional, since, while protecting prenatal life, it violates the dignity of women and their fundamental rights, particularly their reproductive and health rights.
This sentence declares the invalidity of the first paragraph of article 16 of the Constitution of San Luis Potosi, which established the protection of life from conception. The Supreme Court stated that the protection of the constitutional value of life entails an affectation to the reproductive rights and health of women, who are prevented from exercising acquired rights, such as the right to health and the right to decide the number and spacing of children, as well as the right to use family planning methods, emergency contraceptives or in vitro fertilization as a means of assisted reproduction.
As of this decree, contraceptive methods became a mandatory benefit for the entire National Comprehensive Health System. The methods covered include: monophasic and triphasic combined hormonal oral contraception, for use during breastfeeding, emergency contraception and male condoms.
In this ruling, the Peruvian Supreme Court considers that ovodonation is not legislated and, therefore, does not constitute an illicit act or crime. For this reason, since the technique used is legal, it determines that the agreement signed is valid.
The States of the region adopted action agreements for the promotion of women's autonomy and gender equality, which include a specific chapter on "Promoting women's comprehensive health and sexual and reproductive rights" (Chapter 6).
The Court emphasizes that extreme poverty and the lack of adequate medical care for pregnant or post-pregnant women are causes of high maternal mortality and morbidity. Therefore, the States must provide adequate health policies that allow them to offer assistance with adequately trained personnel for the care of births, policies for the prevention of maternal mortality through adequate prenatal and post-partum controls, and legal and administrative instruments in health policies that allow adequate documentation of cases of maternal mortality.
In this report, the IACHR highlights that maternal mortality continues to be a serious human rights problem that dramatically affects women around the world and in the region, and that has repercussions for their families and communities. Specifically, women who have been historically marginalized on the basis of race, ethnicity, economic status and age have the least access to needed maternal health services. This report addresses how States' obligations to respect and guarantee human rights without discrimination, particularly the right to personal integrity, can contribute to overcoming inequalities in access to maternal health services - understood as women's health during pregnancy, childbirth and the postpartum period - and in ensuring that all women, particularly those who have been historically marginalized, enjoy effective access to these services.
This standard regulates issues related to information, counseling and services related to fertility regulation, in particular access to contraceptive methods, including emergency contraception.
The law establishes sexual orientation and gender identities as protected categories and defines homophobia and transphobia.
The purpose of this Law is to create a legal framework to implement the necessary mechanisms to improve the health and quality of life of women and newborns, and to promote human development by ensuring women's maternity, through universal, timely and free access to timely, accurate and complete information and quality services before and during pregnancy, childbirth or postpartum, to prevent and progressively eradicate maternal and neonatal mortality. Among its purposes is to guarantee universal, timely and quality access to maternal-neonatal services, including family planning, differentiated care for adolescents, respecting the cultural relevance and geographic location of Guatemalan women, among others.
Regulates the creation of Sexual and Reproductive Health Services throughout the country and establishes the benefits to be provided by such services, which must include universal access to safe and reliable contraceptive methods.
Determines the inclusion of tubal ligation and vasectomy in Comprehensive Health Programs.
In this Resolution the OAS General Assembly condemns acts of violence and related human rights violations perpetrated against individuals because of their sexual orientation and gender identity.
Law 18.620 establishes the right of every person to the free development of his or her personality in accordance with his or her own gender identity. At the same time, it enables the change of name and gender in the identification documents without the performance of surgeries, recognizing the right to be identified in a way that recognizes the gender identity.
This is a comprehensive law to prevent, punish and eradicate violence against women in the spheres in which they develop their interpersonal relationships and proposes a broad approach to the problem of aggression against women. It defines obstetric violence, reproductive violence and institutional violence as key types of violence in the approach to sexual and reproductive rights. In addition, it establishes actions of the three branches of government and proposes the participation of the Supreme Court, judges and security forces.
This standard establishes that in case of pregnancy due to rape, and upon authorization by the competent authority, under the terms of the applicable legislation, public institutions providing medical care services must provide abortion services at the request of the victim concerned, in the case of a minor, at the request of her father and/or mother, or in their absence, of her guardian, or in accordance with the applicable legal provisions.
In this ruling the Court develops standards regarding the self-determination and reproductive autonomy of women as a fundamental component for the exercise of the right to abortion. (Source: The right to abortion in Colombia)
In this ruling, the Court places special emphasis on the rules for the exercise of conscientious objection in the care of abortion cases, as well as on the obligations and duties of providers and officials. This is the first ruling, after C-355 of 3006, which reiterates that the concepts of psychologists are valid for abortion. (Source: The right to abortion in Colombia)
In this ruling, the Court vindicates the constitutionality of sexual and reproductive rights and identifies the differences and scope of each.
In this Resolution the OAS General Assembly expresses concern about acts of violence and related human rights violations committed against individuals because of their sexual orientation and gender identity.
In this first hemispheric report, the experts mention that "in legislations where sexual and reproductive rights are neither protected nor recognized, serious violations of these rights can occur, translated into ignorance of their sexual and reproductive rights, forced sterilization, high rates of maternal morbidity and mortality, among others. Those most at risk and at risk are the most vulnerable women: impoverished women, young women, and women in rural areas for whom access to health care is a serious problem and who must resort to unhealthy and dangerous practices".
This is a comprehensive law on SRHR that aims to promote national sexual and reproductive health policies and programs. Among its specific objectives are: to promote humanized childbirth, guaranteeing intimacy and privacy; to promote the development of assistance programs with a strategy to reduce risk and harm, including a protocol for comprehensive care in cases of ""unwanted-unaccepted pregnancy""; and to guarantee universal access to contraceptive methods.
It determines the Ministry of Health's obligation to establish plans and programs that enable women and men, without any distinction and at all stages of their lives, to have access to comprehensive health care services, information, education, hygiene and low-cost and good quality services; preventive and healing, sexual and reproductive health services and the reduction of maternal mortality.
Declares Emergency Contraception Unconstitutional
Recognizes sexual and reproductive rights and recognizes and protects the right to gender identity.
In this ruling, the Court sets a series of standards regarding conscientious objection to abortion. In addition, the Court sets new rules for health care providers in this matter and the legal consequences in case of non-compliance (Source: El derecho al aborto en Colombia).
This is a historic and groundbreaking ruling in the Mexican legal system in terms of the recognition of women's sexual and reproductive rights. In this ruling, the Court decided that it was the legislator's power to define the protection of such right and the reforms that legalize the interruption of pregnancy are not contrary to the Mexican Constitution.
The Constitutional text recognizes the right to sexual and reproductive health.
The constitution recognizes gender identity and sexual orientation as protected categories.
In this document, the States recognize that unsafe abortion, teenage pregnancies and the insufficient provision of family planning services are an example of the limitations of the States in guaranteeing Sexual and reproductive Rights. The States commit to ensure that sexual and reproductive rights and universal access to comprehensive health care are considered an indispensable condition for guaranteeing women's participation in political life and paid work and, therefore, in decision-making positions for all women, with priority given to young women, the poorest women, indigenous women, women of African descent, rural women and women with disabilities.
It establishes as a guideline for the Executive Power, regional governments and local governments, the duty to guarantee the right to health in terms of availability, quality, acceptability and accessibility to services, with special emphasis on the enforcement of sexual and reproductive rights, the prevention of teenage pregnancy, and the right to safe motherhood.
The purpose of this law is to guarantee and promote the right of women to a life free of violence, creating conditions to prevent, address, punish and eradicate violence against women in any of its manifestations and within any sphere. It considers obstetric violence as a form of violence defined as the appropriation of women's bodies and reproductive processes by health personnel, which is expressed in a dehumanizing treatment, in an abuse of medicalization and pathologization of natural processes, resulting in the loss of autonomy and the ability to decide freely about their bodies and sexuality, negatively impacting women's quality of life.
This law establishes that all children and adolescents have the right to be informed and educated, according to their development, on sexual and reproductive health for responsible, healthy, voluntary and safe sexual activity and parenthood. The State, with the participation of society, must guarantee sexual and reproductive health care services and programs for all children and adolescents. These services and programs must be affordable, confidential, safeguard the right to privacy of children and adolescents and respect their free consent, based on timely and accurate information. Adolescents over fourteen years of age have the right to request and receive these services on their own.
In this judgment, the Court reviewed the main arguments that led to the decriminalization of abortion on grounds for abortion in ruling C-355 of 2006 and pointed out that these arguments are mandatory, as it went into more detail about the violation of rights due to additional requirements to those established in ruling C-355 to allow the voluntary termination of pregnancy. In addition, this is the first ruling in which the Court establishes a rule for cases of abortion in women with disabilities.
The Court gives scope to Ruling C-355 of 2006 and to international instruments on Sexual and Reproductive Rights, to recognize that such rights are human rights and fundamental constitutional rights, and that, therefore, they are susceptible to be protected through the tutela action. The Court clarified that the Right to Diagnosis, as it is related to the protection of other fundamental rights, is susceptible to be protected through the tutela action. (Source The Right to Abortion in Colombia)
Mexico signed a Friendly Settlement Agreement with the petitioners, who denounced this State before the IACHR for the violation of the human rights of the minor Paulina del Carmen Ramírez Jacinto, victim of a rape from which she became pregnant, and who was hindered by the State authorities from exercising her right to terminate the pregnancy as established by Mexican law.
The Convention is the first legally binding international instrument that obliges states to promote and protect the rights of persons with disabilities in particular. The Convention covers many areas where barriers may arise. It also seeks to reduce stigmatization and discrimination, which are often among the reasons why people with disabilities are excluded from education, employment, health and other services.
This law provides that every woman has the right to be accompanied by a person she trusts during labor, delivery and at the moment of birth.
This ruling decriminalizes abortion in three cases: when the continuation of the pregnancy constitutes a danger to the life or health of the woman, when there is a serious malformation of the child that makes its life unviable, and when the pregnancy is the result of a denounced conduct of carnal intrusion or sexual act without consent, artificial insemination, non-consensual fertilized egg transfer or incest.
The purpose of the Law is to regulate the actions that allow the effective fulfillment of the universal right to health as established in the Political Constitution of the Republic and the law. It is ruled by the principles of equity, integrality, solidarity, universality, unrenounceability, indivisibility, participation, plurality, quality and efficiency; with a rights-based, intercultural, gender, generational and bioethical approach. (Art. 1)
It establishes that every pregnant woman at the time of labor, delivery and post-partum shall have the right: to be informed about the different medical interventions that may take place during the process, so that she may choose freely when there are different alternatives; to be treated with respect and in an individual and personalized approach, guaranteeing her privacy and emotional intimacy throughout the process; and to be accompanied by persons of her trust and choice during labor, delivery and post-partum, including the cesarean section procedure.
This law establishes that all persons of legal age have the right to have access to the performance of the practices called ""tube ligation"" and ""vasectomy"" in the services of the health system. (art.1)
In this ruling, the Constitutional Court declared justified the demand for compliance against the Ministry of Health, in order to comply with Ministerial Resolutions N 465-99 SA/DM and 399-01 SA/DM, which guarantee the provision and information on the emergency oral contraceptive (EOC) in all establishments under its charge, and order to comply with its obligation to inform and distribute the Emergency Oral Contraceptive Pill free of charge.
The Constitutional Court recognizes the right to identity, highlighting the role of the birth certificate and the National Identity Card as means for the exercise of such rights. Thus, it declares the claim founded and orders the expedition of the National Identity Document, with the name changed by court order, at the request of a transsexual person, without changing the data related to the place of birth, sex and age.
This case is considered an important milestone for the health and reproductive rights of women in Peru and around the world. For the first time, an international human rights body found a country responsible for refusing to ensure access to medical services in a case of non-punishable abortion that were essential to a woman's health, thereby violating her fundamental human rights (ESCR Network).
This ruling refers to the case of a woman who underwent a sex change surgery and requested the correction of her original birth certificate, in terms of name and sex, as of the date of the surgery, in order to adjust her birth certificate to her new situation. The Supreme Court of Justice of Uruguay by majority granted the request in the referred ruling, referring to several rights, including the right to the dignity of each person and the right to one's own identity, thus allowing the interested party to marry a person of female sex.
The purpose of this Law is to ensure the population's access to family planning services, including information, counseling, education on sexual and reproductive health and the provision of family planning methods. The Ministry of Public Health and Social Assistance, and other public and private entities of the health sector, must guarantee the sustainable maintenance of all modern methods of spacing pregnancies in the establishments of the public health network, which allows to adequately respond to the demand of the population and ensures universal access to such methods.
In this agreement, the States commit to review and implement legislation that guarantees the responsible exercise of sexual and reproductive rights and non-discriminatory access to health services, including sexual and reproductive health.
This law, called "" Rights of Parents and Children during the Birth Process"", regulates the rights at the moment of birth and establishes obligations for health care providers at different levels.
The objective of this Standard is to standardize the operative criteria, policies and strategies for the provision of family planning services in Mexico, within a framework of absolute freedom and respect for the individual's decision and following a systematic counseling process, based on the application of a holistic approach to reproductive health. It establishes that family planning services must provide information, orientation, counseling, selection, prescription, contraindications and application of fertility control methods, identification and referral in cases of sterility and infertility, prevention of sexually transmitted infections, maternal and child care, preconception risk detection, timely detection of cervical and breast cancer, as well as handling of perimenopause and postmenopause. The provision of services should be granted in a comprehensive manner with quality and warmth to the entire population.
The Committee on the Rights of the Child elaborates and deepens the content of the Convention in relation to adolescent health and development.
In this Friendly Settlement Agreement, the Peruvian State acknowledges its international responsibility for violation of Articles 1.1, 4, 5 and 24 of the American Convention on Human Rights, as well as Article 7 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, to the detriment of the victim María Mamérita Mestanza Chávez, who underwent a surgical sterilization procedure, which ultimately resulted in her death. In addition to committing to reparation measures, the Peruvian State undertakes to carry out legislative and public policy modifications on the issues of Reproductive Health and Family Planning, eliminating any discriminatory approach and respecting the autonomy of women.
This law establishes the framework for the enactment of regulations on equal opportunities for women, and establishes that sexual and reproductive health policies will be implemented, with emphasis on women with disabilities.
This Law creates the National Program of Sexual Health and Responsible Childbearing within the scope of the Ministry of Health.
In this ruling, the CSJN orders the National State - National Ministry of Health and Social Action, National Administration of Medicines and Medical Technology - to cancel the authorization, prohibiting the manufacture, distribution and marketing of the drug "Imediat" (a brand of emergency contraception).
This law establishes that health institutions must ensure appropriate services for young people in order to reduce the rates of youth with preventable immune diseases, sexually transmitted diseases and maternal mortality due to early pregnancies.
It establishes the right of every person to obtain information and services on sexual health, sex education, prevention and care of sexually transmitted diseases for the optional regulation of fertility, including access to safe, effective, affordable and acceptable methods, assuming the decision in this regard in a free, responsible and informed manner.
With this GC, the Committee unfolds the scope of the right to health recognized in Art. 12 of the Covenant. The Committee recognizes the right to reproductive health and outlines its definition and scope, including specific provisions for adolescents and youth.
This agreement mentions sexual and reproductive rights and proposes measures for their fulfillment.
In this GC, the Committee urges States to submit reports on the right to life that provide data on birth rates and the number of cases of deaths of women in connection with pregnancy or childbirth. They should also provide information on measures taken to help prevent unwanted pregnancies and to ensure that women do not have to resort to life-threatening clandestine abortions.
This Declaration is what enabled the adoption and implementation of the Millennium Development Goals (MDGs) agenda, which deployed programmatic actions around 8 Goals, one of them, Goal 5: Improve maternal health, for which it is proposed to reduce maternal mortality by three quarters between 1990 and 2015 and achieve universal access to reproductive health.
The Committee on the Elimination of Discrimination against Women affirms that access to health care, including reproductive health care, is a basic right under the Convention on the Elimination of All Forms of Discrimination against Women.
Article 76 of the Venezuelan Constitution establishes the right of couples to decide freely and responsibly the number of children they wish to conceive and to be provided with the information and means to ensure the exercise of this right. The State shall guarantee assistance and integral protection to maternity, in general from the moment of conception, during pregnancy, childbirth and puerperium, and shall ensure comprehensive family planning services.
Sexual and reproductive rights are mentioned
This law recognizes the right of all persons to freely choose the contraceptive method of their choice, including natural methods, and to receive, adequate information on the available methods, prior to the prescription or application of any contraceptive method. At the same time, it recognizes the right of every person to undergo infertility treatment, as well as to conceive through the use of assisted reproduction techniques, as long as the condition of genetic mother and gestational mother lies with the same person.
The present law establishes as a duty of the State, through the Unified Health System, in association, as the case may be, with the component entities of the educational system, to promote the information, educational, technical and scientific conditions and resources that ensure the free exercise of family planning. (art. 5).
The Beijing Declaration and Platform for Action, adopted unanimously by 189 countries, is an agenda for women's empowerment and took into account the key global policy document on gender equality. The Beijing Declaration and Platform for Action sets out a series of strategic objectives and actions for the advancement of women and the achievement of gender equality, including the link between health and women (UN Women).
The Program of Action is a milestone, particularly because it establishes the unbreakable relationship between population and development within the framework of human rights. It also presents the first globally agreed definition of reproductive health and rights.
The agreement signed by the States of the Region mentions reproductive rights and establishes programmatic and strategic measures to guarantee them.
The Timeline of Legal Milestones on Sexual and Reproductive Rights in Latin America is a virtual tool that provides a chronological and organized overview of the normative development related to the enforcement of sexual and reproductive rights in the Latin American and Caribbean region at the international, regional, and national levels. This is achieved through the identification of legal milestones that have taken place from 1994, when the V World Conference on Population and Development introduced the first agreed definition of reproductive rights, to the present day. This timeline is a dynamic tool that we aim to keep updating as new legal frameworks emerge.
The timeline was created in August 2022, with the upcoming 10th anniversary of the Montevideo Consensus in mind. This consensus, which was reached at the First Regional Conference on Population and Development in Latin America and the Caribbean in 2013, is a significant milestone in the sexual and reproductive rights agenda at the regional and global level because it established the first definition of sexual and reproductive rights agreed upon at the intergovernmental level, and set out a concrete regional agenda with more than 130 clear guidelines for action. The consensus also recognized the need to establish accountability and monitoring mechanisms, and to base definitions on the international obligations of human rights states.
Progress in the recognition of sexual and reproductive rights has been reflected in various international agreements, treaties, protocols, declarations, and conventions, which compel states to implement public policies for effective attention to these rights. These regulations often engage in dialogue, reaffirm the validity of the objectives and goals set, support national legislative reforms and result in concrete plans and programs that allow for the effective exercise of rights. The timeline makes it possible to visualize how these international, regional, and national legal advances are interconnected. It also provides a repository of the full texts of the legal milestones included.
The initial design and creation phase of this Timeline took place between August 2022 and November of the same year, when the first Spanish version was released. In May 2023, we launched a new version of the Timeline, in which we included its English translation and added representative photographs, sourced from personal and public archives, institutions, and prominent photographers from the Region, illustrating the various legal milestones that make up this Timeline.
The authors of this work in Spanish were Edurne Cárdenas and Natalia Segura Diez, who were responsible for designing the methodology, as well as identifying, systematizing and categorizing the legal milestones that make up the content of this Timeline.
The authors were supported by the CLACAI’s Legal Network Coordination team (Agustina Ramón Michel and Dana Repka) and received the valuable review of Carmen Cecilia Martínez López (Centro de Derechos Reproductivos) and Mirta Moragas Mereles (Esar).
The programming and visualization design of the legal milestones were made possible thanks to the collaborative work of Sergio Arriscal and Alejandro Sanchez Menendez.
The search, selection, and curation of the photographs that were incorporated into the various legal milestones of the Timeline were overseen by a team of photographers and art curators, consisting of Anabella Museri, Julieta Escardó, and Andrea Weber.
The English translation of the Timeline and its methodological document was done by Angélica Sánchez.
The periodic update of the legal milestones of this line is now in the hands of Donatella Zalloco and Dana Repka.
To compile this information, a desk research was conducted using the official web pages of the aforementioned international organizations, as well as the resources listed in the Annex at the end of this document. In a second instance, national regulations were surveyed, using official bulletins and newspapers, as well as other resources available for the search of public information, through the use of key words in virtual search engines.
In each of the search engines, the keywords used were: "sexual rights", "reproductive rights", "reproduction", "contraception", "pregnancy", "obstetric", "abortion", "gender identity", and "childbirth".
The collected information was compiled in a database whose fields made it possible to classify and systematize the information that feeds the Timeline.
Firstly, it is important to note that this timeline focuses on “legal milestones”, which are identified as changes in the legal status of the rights that are the object of study, including the approval of treaties or laws, as well as significant jurisprudential advances. In this sense, the purpose of this timeline is to identify and display information related to normative advances, which is why public programs and policies were not included.
Regarding geographic delimitations, this project collected normative advances at the international, regional, subregional, and national levels, but information on state or provincial norms was not included.
To select relevant legal milestones, the definitions and thematic axes outlined in the following sections were considered.
The first definition of sexual and reproductive rights agreed upon by States is the one set forth in the Montevideo Consensus: "Considering that sexual rights and reproductive rights are embraced by human rights and that their exercise is essential for the enjoyment of other fundamental rights and for achieving the international development targets and poverty eradication". This agreement was adopted on the first meeting of the Regional Conference on Population and Development in Latin America and the Caribbean, held in Montevideo in August 2013, under the theme "Full integration of population dynamics into rights-based sustainable development with equality: key to the Cairo Programme of Action beyond 2014".
The definition of reproductive rights, meanwhile, was first agreed upon at the IV World Conference on Women, held in Beijing in 1995: "Reproductive Rights embrace certain human rights that are already recognized in national laws, international laws and international human rights documents and other consensus documents. These rights rest on the recognition of the basic rights 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".
This definition follows up on what was agreed the previous year at the Conference on Population and Development held in Cairo, where the States strongly agreed on the indissoluble link between population and development issues and human rights, and reproductive health as part of them. At this Conference, the States agreed on a common political definition of sexual and reproductive health, which is understood as the general state of physical, mental and social well-being in all aspects related to the reproductive system. This definition implies the capacity to enjoy a satisfying and safe sex life and to procreate, and the freedom to decide whether, when and how often to do so. Thus, the idea that reproductive health is essential for the enjoyment of other fundamental rights and for achieving international development and poverty elimination goals was settled. The States committed themselves to the implementation of legislation, policies, and plans to achieve this purpose.
The definitions, frameworks, and guidelines adopted in the aforementioned conferences and their subsequent review processes were cemented by the new major global consensus on a sustainable development agenda for 2030, adopted in September 2015.1
Human rights protection bodies have also contributed to the understanding of the elements and scope of sexual and reproductive rights. Thus, the Committee on Economic, Social and Cultural Rights (ESCR) outlined the right to sexual and reproductive health in its General Comment 22 (2016). It established in Article 12 of the Covenant that "The right to sexual and reproductive health entails a set of freedoms and entitlements. The freedoms include the right to make free and responsible decisions and choices, free of violence, coercion, and discrimination, regarding matters concerning one’s body and sexual and reproductive health. The entitlements include unhindered access to a whole range of health facilities, goods, services and information, which ensure all people full enjoyment of the right to sexual and reproductive health [...]" (E/C.12/GC/22, Paragraph 5).
Moreover, the Committee on the Elimination of Discrimination against Women of the Convention on the Elimination of All Forms of Discrimination against Women has stated in its General Recommendation number 35, referring to gender-based violence against women, that: "[...] Violations of women’s sexual and reproductive health and rights, such as forced sterilization, forced abortion, forced pregnancy, criminalization of abortion, denial or delay of safe abortion and/or post-abortion care, forced continuation of pregnancy, and abuse and mistreatment of women and girls seeking sexual and reproductive health information, goods and services, are forms of gender-based violence that, depending on the circumstances, may amount to torture or cruel, inhuman or degrading treatment" (CEDAW/C/GC/35, Paragraph 18).
To outline the scope of this project, we have used the definition and contents outlined in the Montevideo Consensus on Population and Development (2013) and its Operational Guide (2015) as a guide, as it is one of the most comprehensive and forward-looking sources available.
The Montevideo Consensus, in addition to providing the first agreed definition of sexual and reproductive rights, as mentioned above, has a specific chapter on access to sexual and reproductive health, where sexual and reproductive rights are recognized as an integral part of human rights that contribute to the "full fulfillment of people and social justice" (MP 33), which places Latin America and the Caribbean in an avant-garde position in terms of recognition of rights (ECLAC, 2015). In addition, it constitutes a fundamental guide for the revision process of the Programme of Action of the International Conference on Population and Development, adopted in Cairo in 1994.
This chapter covers fourteen priority actions related to:
This highly comprehensive characterization also has a diversity, intergenerational, multicultural, and cross-cutting approach. Indeed, this chapter is related to other chapters of the Montevideo Consensus on Population and Development, including Chapter B on the rights, needs, responsibilities and requirements of girls, boys, adolescents and youth, Chapter F on migrants, Chapter H on indigenous peoples and Chapter I on Afro-descendant populations.
Within this broad conceptualization of sexual and reproductive rights is priority action 37, whereby States agree to "Guarantee universal access to good-quality sexual health and reproductive health services, bearing in mind the specific needs of men and women, adolescents and young people, lesbian, gay, bisexual, and transgender persons, older persons and persons with disabilities, with special attention to vulnerable persons, persons living in rural and remote areas […]”
The described framework guided the selection of legal milestones at the international, regional and subregional levels, identifying decisions that constitute state commitments in the area of sexual and reproductive rights. In line with this approach, we reviewed agreements adopted at world conferences, such as the World Conference on Population and Development and the World Conference on Women, regional bodies, such as the Regional Conference on Women and the Regional Conference on Population and Development of Latin America and the Caribbean, and resolutions adopted at the General Assembly of the Organization of American States, and subregional decisions, such as those adopted at the MERCOSUR Common Market Council (Consejo del Mercado Común del MERCOSUR, or MERCOSUR Council).
Initially, reports by special rapporteurs, independent experts, and working groups were not included, as they are not direct sources of state commitments, despite their importance for examining, monitoring, advising, and reporting on human rights issues affecting vulnerable groups.
However, we made exceptions for two rapporteurships reports: the Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (2011) and the Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (2013), because they address key issues that contribute to the normative development of sexual and reproductive rights. In the first case, the rapporteur examines the interaction between criminal laws and other legal restrictions related to sexual and reproductive health and the right to health. In the second, a number of commonly reported abusive practices in health care settings are addressed and the link between the prohibition of practices such as abortion and torture is exposed. Additionally, we included the First Hemispheric Report on the Implementation of the Convention of Belém do Pará of the Follow-up Mechanism of the Convention (MESECVI).
Furthermore, we identified significant documents from human rights protection bodies of both the regional system and the universal human rights protection systems, including recommendations and general observations of treaty bodies, individual case decisions regarding cases from the region issued by United Nations treaty bodies, case decisions of the Inter-American Court of Human Rights and in-depth decisions and thematic reports of the Inter-American Commission on Human Rights.
At the national level, we used the conceptual framework provided by the Montevideo Consensus on Population and Development (2013) and its Operational Guide (2015) to guide the topics to be covered in the collection of information, including:
For length reasons, the methodological decision was made to prioritize these topics over others such as Comprehensive Sex Education and Sexual Orientation, which, although they are undoubtedly fundamental elements of sexual and reproductive rights, have their own normative development that exceeds the limits of this project.
The timeline is oriented vertically, which allows for international and regional milestones to be displayed in parallel on the left margin of the screen, while national milestones are shown on the right margin.
Each entry includes a description and thematic labels that engable the identification of the main topics addressed by the milestone.
In each section, the available buttons provide access to the relevant paragraphs, as well as to the repository where the full text of the source document is available.
2030 Agenda for Sustainable Development (2015). United Nations General Assembly (A/RES/69/315).
ECLAC (2013) Montevideo Consensus on Population and Development. First meeting of the Regional Conference on Population and Development of Latin America and the Caribbean.
ECLAC (2015) Operational guide for implementation and follow-up of the Montevideo Consensus on Population and Development. Second Meeting of the Regional Conference on Population and Development in Latin America and the Caribbean.
Committee on Economic, Social and Cultural Rights (2016) General Comment No. 22, on the right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights) (E/C.12/GC/22).
Committee on the Elimination of Discrimination against Women (2017) General recommendation number 35 (CEDAW/C/GC/35).
Beijing Declaration and Platform for Action (1995) Fourth World Conference on Women.
Programme of Action of the International Conference on Population and Development (1994). Cairo International Conference on Population and Development.
See A/RES/69/315. Sustainable Development Goals 5.6: Ensure universal access to sexual and reproductive health and reproductive rights as agreed in accordance with the Programme of Action of the International Conference on Population and Development and the Beijing Platform for Action and the outcome documents of their review conferences.