Law and Family Planning

Abstract

Review of the relationship of law and population an examination of current laws governing birth control and family planning in countries around the world and an analysis of the legal problems and issues involved in future population control efforts are presented. Population characteristics and growth patterns are inextricably tied to the law of the State and it is emphasized that a very broad range of laws influence population beyond the immediate legislation on family planning. Besides laws on birth control and abortion regulations on advertising education marriage age of majority tax and health benefits for families and children all influence population growth. Present laws dealing directly or indirectly with population in most countries are characterized by contradiction and disparity vague language problems in enforcement and an inability to evaluate their influence and effect. There is an urgent need for the country to decide if it desires an antinatalist policy and if so to examine its laws so that they present a unified and active approach. All governments must face 4 major issues in law and population in the future: 1) the delineation of the extent of laws effect on population; 2) the compatibility of social welfare programs and population control; 3) the need for motivational as well as availability help in family planning; and 4) the protection of individual human rights while meeting the collective need.