![]()
|
Book ReviewsPacker, Corinne, A. A. The Right to Reproductive Choice: A Study in
International Law. Turku, Abo: Abo Akademi University, Institute for Human
Rights, 1996. Pp. x, 213. The abundance of literature dealing with reproductive rights issues
bears witness to the considerable importance of the subject. Given that it is
linked with issues relating to women, equality and public health, but also to
the most intimate and emotional spheres of human life, an appropriate treatment
has become a complex task. The author gives a very limpid overview, covering
different aspects of the topic in seven chapters. Starting with the definition,
understanding and sources of the right to reproductive choice, the author goes
through its scope and the possibilities for full realization to show by what
means respect of this right should be secured. The study is completed by a
number of useful and easy to consult tables and appendices. Although the author does consider sources that are not legally binding,
she clearly prefers to base her analysis and reflections on human rights
treaties that are binding for parties, e.g. the International Covenant on Civil
and Political Rights (ICCPR), the European Convention on Human Rights, the
Convention to Eliminate All Forms of Discrimination against Women (Women's
Convention) and the Convention on the Rights of the Child. In principle, one
cannot take issue with this approach. However, it occasionally leads the author
to regrettable conclusions. Such is the case, for instance, when she excludes
infertility treatment from the scope of the right to reproductive choice,
stating somewhat surprisingly that obliging states to make medically-assisted
procreation methods available would be similar to obliging states to make
supersonic jet planes available to enable freedom of movement (at 48). It is
this reviewer's opinion that this is contrary to the definition of health given
in the Constitution of the World Health Organization, according to which
`[h]ealth is a state of complete physical, mental and social well-being and not
merely the absence of disease or infirmity. The enjoyment of the highest
attainable standard of health is one of the fundamental rights of every human
being...' The argument that the treatment of infertility is more recent than
the UNHDR (1984), the ICCPR (1966) or the Women's Convention (1979) and is thus
not included in the right to found a family (at 46-47) seems to be difficult to
sustain if one bears in mind the tendency of newer - even if not legally
binding - international texts (e.g. the Cairo Conference Programme of Action).
Similarly, in the chapter on abortion, the author maintains that
existing international instruments are vague and unhelpful, and that
international resolutions from the 1960s remain silent on the issue (at 73). To
our knowledge, there is at least one text, Resolution 75(29) on legislation
relating to fertility and family planning, of the Committee of Ministers,
Council of Europe, which recommends: `[t]o ensure that all legal abortions are
carried out under the best possible medical conditions' (Article D.2.). In our
view, this should also cover the abortion pill RU-486 and, in spite of all
controversy, it should be made available by governments in their efforts to
make health care accessible to all. One cannot but agree with the author when she states that the
protections offered by treaties depend on what people are willing to make of
them. This volume has the merit of showing very systematically the existence of
international legal instruments which ensure protection of at least some of the
components of the right to reproductive choice. Let us hope that human rights
advocates and policy-makers, for whom this book is intended to serve as a
resource, will know how to find in them a broader understanding of the existing
provisions. Jarmila Looks Swiss Institute of Comparative Law
|
|
|
© 1990-2004 European Journal of International Law | ||