Reproductive rights are the legal and social rights related to reproduction and reproductive health, which, according to the World Health Organization (WHO), is defined as a state of complete physical, mental, and social well-being in all matters related to the reproductive system and its functions, and not just the absence of disease or illness. Reproductive rights encompass access to contraception, abortion, maternity care, and protection from forced medical procedures. They also include the right to make informed decisions about one’s reproductive life, free from interference, discrimination, coercion, or violence. As defined by WHO, reproductive rights ensure that individuals have both the capability to reproduce and the freedom to decide if, when, and how often to do so. This entry explains the denial of reproductive rights by outlining forced practices and the denial of healthcare and rights due to biases based on racism, ableism and homophobia, and refers to oppressive governmental practices.
Framing & Perspectives
The 1948 established Declaration of Human Rights of the United Nations did not explicitly include reproductive rights. During the International Conference on Human Rights held in Tehran, these rights were formally recognized as human rights by the United Nations. The Tehran Proclamation stated: “Parents have a basic human right to determine freely and responsibly the number and spacing of their children” (United Nations, 1968). Subsequent international agreements have further broadened the concept of reproductive rights. The International Conference on Population and Development (ICPD), held in Cairo in 1994, emphasized the importance of access to contraception, in vitro fertilization, safe pregnancies and abortions. Additionally, it highlighted the necessity of education about sexually transmitted infections and the importance of providing adolescents with comprehensive education on sexual and reproductive health (United Nations, 1995).
The Beijing Declaration and Platform for Action (1995) reaffirmed that reproductive rights are fundamental human rights, emphasizing women’s autonomy over their bodies, the right to make informed reproductive choices, and universal access to reproductive healthcare. Not yet advocating for universal abortion rights, it urged governments to review restrictive laws and expand access to contraception to reduce the need for abortion. It highlighted unsafe abortion as a major public health issue. Moreover, the declaration condemned practices such as forced sterilization, forced abortion, and coercive population control policies, stressing the importance of informed consent and bodily autonomy. The Yogyakarta Principles, first published in 2006 and expanded in 2017, state that sexual and reproductive rights are universal and apply to all individuals, regardless of their sexual orientation or gender identity. They emphasize that LGBTQIA+ people should have the right to access reproductive healthcare without facing discrimination, coercion, or violence. Additionally, the principles assert that everyone should have the ability to make free choices about reproductive matters that align with their gender identity. However, these principles have not been formally accepted by the United Nations.
Although the UN recognizes access to reproductive rights as a universal human right, many countries do not adhere to this standard and impose their regulations regarding reproductive rights (OHCHR, n.d.). The debate over reproductive rights often reflects a broader tension between universalism and cultural relativism in human rights discourse. According to cultural relativism, considering what is morally right or wrong, as well as the interpretation and implementation of human rights, depends on the cultural norms, beliefs, and practices of each society (Messer, 1993). Cultural relativists emphasize the importance of understanding and respecting diverse cultural perspectives, rejecting the idea of imposing universal standards that may disregard or undermine cultural diversity and autonomy (Messer, 1993). However, Zechenter (1997) critiques this view, arguing that cultural relativism often prioritizes group values over individual rights, which can marginalize non-dominant voices within a society. In the context of reproductive rights, individuals may be forced to comply with restrictive cultural norms that may not reflect their personal beliefs. This was exemplified by the ruling that overturned Roe v. Wade, resulting in the loss of federal protection in the U.S. for abortion rights. Consequently, many states have enacted restrictive laws that limit access to reproductive healthcare. As Zechenter (1997) points out, differing perspectives do not make individuals less authentic members of their society. This highlights the need for greater acceptance of diverse perspectives within cultures and societies.
On the other side, Universalists, argue that human rights should apply equally to all individuals, transcending cultural and national boundaries. Universalists advocate for the consistent application of these rights across all societies, believing they serve as a shared framework for the promotion of justice, equality, and dignity worldwide and protect people from the abuse of their own cultures (Zechenter, 1997). From a universalist perspective, limiting access to reproductive healthcare, such as providing free access to abortion, constitutes a violation of human rights. They assert that human rights are universal and interconnected, which means that sexual and reproductive rights—including the right to abortion—are essential for the full realization of all other human rights (Amnesty International, n.d.).
Relevance
Reproductive rights can vary significantly based on an individual’s social, economic, and cultural context. An intersectional approach to reproductive rights highlights how overlapping systems of oppression affect access to reproductive healthcare. Factors such as economic status, social background, and education can highly influence a person’s ability to obtain healthcare services, including contraception, safe pregnancies, and abortion. These factors create barriers to healthcare, especially for marginalized groups. Marginalized racial and ethnic groups often face systemic barriers in reproductive healthcare due to racial bias within the healthcare system. For example, healthcare providers often take the pain and symptoms less seriously experienced by women of color (Hoffman, Trawalter, Axt, & Oliver, 2016). This unfortunate bias contributes to significant disparities in pregnancy-related mortality rates between Black and White women in the U.S., with Black women experiencing a mortality rate that is three times higher than that of their White counterparts (Amnesty International, n.d.).
Forced sterilization is another significant violation of human rights in reproductive health. Historically, it has predominantly affected Indigenous, Black, and LGBTQIA+ individuals. Even today, in some countries, it remains legal to perform sterilization on people with disabilities, particularly those with intellectual disabilities, without their consent. This practice is often justified by medical professionals who question the individuals’ ability to make informed reproductive choices (Hurtes, 2023). Moreover, LGBTQIA+ individuals frequently encounter discrimination in reproductive healthcare due to heteronormative assumptions that overlook their specific needs (Dawson & Leong, 2020). Immigration status can also pose a significant barrier. Undocumented immigrants and asylum seekers often face legal and financial obstacles when trying to access reproductive healthcare (Lakhani, 2024). Additionally, socioeconomic status is a critical factor in determining access to these services. Individuals with lower incomes often struggle to afford contraception, safe abortion services, and prenatal care, particularly in areas where restrictive policies and a lack of healthcare facilities limit their options (Ludden, 2022).
Finally, reproductive rights are essential for empowering individuals. When people have control over their reproductive health, they can make decisions about their bodies, futures, and roles in society. Without the ability to make these choices freely, individuals may face limitations in their opportunities for education, employment, and other aspects of life, hindering their full participation in society. In summary, reproductive rights are vital for achieving equality and promoting broader social participation (United Nations, 1995).
Keywords: Reproductive Justice, Human Rights, Bodily Autonomy, Abortion, Systemic Inequalities, Medical Violence, Reproductive Coercion
Connected terms: Classical Feminisms, Waves of Classical Feminism, Benevolent Sexism, ,Ableism, Hostile Sexism, Internalized Sexism, Body Liberation, Bodily Autonomy, Gender-Based Violence
References
Amnesty International. (n.d.). Abortion rights. Retrieved February 8, 2025, from https://www.amnesty.org/en/what-we-do/sexual-and-reproductive-rights/abortion-facts/
Amnesty International. (n.d.). Maternal mortality is a racial justice issue. Retrieved February 8, 2025, from https://www.amnestyusa.org/blog/maternal-mortality-is-a-racial-justice-issue/
Dawson, R. & Leong, T. (2020, November 10). Not up for debate: LGBTQ people need and deserve tailored sexual and reproductive health care. Retrieved February 8, 2025 from https://www.guttmacher.org/article/2020/11/not-debate-lgbtq-people-need-and-deserve-tailored-sexual-and-reproductive-health
Hoffman, K. M., Trawalter, S., Axt, J. R., & Oliver, M. N. (2016). Racial bias in pain assessment and treatment recommendations, and false beliefs about biological differences between blacks and whites. Proceedings of the National Academy of Sciences, 113(16), 4296-4301.
Hurtes, S. (2023, November 25). Despite Bans, Disabled Women Are Still Being Sterilized in Europe. The New York Times. Retrieved February 8, 2025 from https://www.nytimes.com/2023/11/25/world/europe/europe-disabled-women-sterilization.html
Lakhani, Z (2024, November 4). Abortion is a migrant women’s issue. Retrieved February 8, 2025 from https://www.womensrefugeecommission.org/blog/abortion-is-a-migrant-womens-issue/
Ludden, J. (2022, May 26). Women who are denied abortions risk falling deeper into poverty. So do their kids. NPR. Retrieved February 8, 2025 from https://www.npr.org/2022/05/26/1100587366/banning-abortion-roe-economic-consequences
Messer, E. (1993). Anthropology and human rights. Annual Review of Anthropology, 22(1), 221-249.
Office of the United Nations High Commissioner for Human Rights (OHCHR). (n.d.). Abortion and human rights. United Nations. Retrieved February 8, 2025], Retrieved February 8, 2025 from https://www.ohchr.org/sites/default/files/Documents/Issues/Women/WRGS/SexualHealth/INFO_Abortion_WEB.pdf
United Nations. (1995). Beijing Declaration and Platform for Action, Fourth World Conference on Women, 4-15 September 1995. United Nations. Retrieved February 8, 2025 from https://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf
United Nations. (1968). Proclamation of Tehran. International Conference on Human Rights, Tehran. Retrieved February 8, 2025 from https://docs.un.org/en/A/CONF.32/41
United Nations. (1995). Programme of action adopted at the International Conference on Population and Development, Cairo, 5-13 September 1994. United Nations Population Division. Retrieved February 8, 2025 from https://www.un.org/development/desa/pd/sites/www.un.org.development.desa.pd/files/files/documents/2020/Jan/un_1995_programme_of_action_adopted_at_the_international_conference_on_population_and_development_cairo_5-13_sept._1994.pdf
Yogyakarta Principles. (2017). Yogyakarta Principles plus 10: Additional principles and state obligations on the application of international human rights law in relation to sexual orientation, gender identity, gender expression, and sex characteristics. Retrieved February 8, 2025 from https://yogyakartaprinciples.org/
Zechenter, E. M. (1997). In the name of culture: Cultural relativism and the abuse of the individual. Journal of Anthropological Research, 53(3), 319-347.
