THE REPRODUCTIVE RIGHTS MOVEMENT IN EUROPEANCOUNTRIES: RELEVANCE AND PROSPECTS

Reproductive rights are the basic rights of every individual or couple to be able to freely and responsibly decide the number, spacing of births, and time to have children, so as to obtain good quality in reproductive health. Protection of reproductive rights for women is important to prepare new humans as superior future generations. Protection of women's reproduction is needed to guarantee legal protection in their growth and development and human rights that are recognized while in the womb. This service aims to provide counseling and interactive discussions to mothers of the Cipadang Gedong Tataan Village farmer group regarding the protection of women's reproductive rights so that these rights are not misused. Increase knowledge, understanding and legal awareness of the community, especially to mothers of the Cipadang Gedong Tataan Village farmer group regarding the protection of women's reproductive rights. This service provides important insights for mothers of the Cipadang Gedong Tataan Village farmer group regarding the protection of women's reproductive rights. The implication of this service is that universities and non-governmental organizations must encourage and support this service activity so that the community understands the protection of women's reproductive rights.

The article is dedicated to consideration and assessment of certain problematic aspects of legal regulation of reproductive rights within the legislative framework of Ukraine. It has been noted that the conclusions concerning the understanding of legal nature of reproductive rights should not be seen as general in character, considering that such understanding is in each case determined by specificities of a certain field of law in the light of which the reproductive rights are being subjected to research. Therefore, legal regulation of reproductive rights, as well as specific rules applicable to the exercise and protection of such rights, to a certain extent, is in fact implemented through the rules of civil and family law, as well as through the rules set forth in other areas of law. Reproductive rights, as a complex combination of possibilities and opportunities for an individual that are aimed at securing the reproductive function of a human being, i.e. reproduction of one's own kind, are classified in the Ukrainian civil legislation as personal non-proprietary rights of an individual that provide natural existence of a person. Proceeding from the concepts of positive duties of the State and horizontal effect of human rights, and based on the studies and analysis of the judicial practice of the European Court of Human Rights (hereinafter referred to as the ECtHR), specific attention has been given to the autonomy of the complex category of reproductive rights, which, in its turn and to a certain extent, is related to other personal non-proprietary rights of an individual (such as the right to life, the right to receive medical care, the right to personal privacy, the right to physical security, the right to be treated with dignity and respect, etc.). Based on the analysis of studies by various scientists, it has been established that there is no unified theoretical approach not only to the definition of the term of reproductive rights, but also to the range of rights that may be regarded as such. In considering the content of reproductive rights, one should account for differentiation of such rights in general terms within the following range of legal rights: the right to reproductive choice; the right to reproductive health; the right to be informed of reproductive rights; the right to secrecy in exercise and protection of reproductive rights; the right to protection of reproductive rights. It has been substantiated that reproductive rights are implemented in practice, certain elements of reproductive rights have been legally consolidated, which indicates not only the formation and development, but also actual functioning of reproductive rights. At the same time, the existing national legal regulations are not consistent with the actual state of affairs observed in the reproductive area. Therefore, legal relations in the field of reproductive rights of individuals require adequate and proper standardisation. The ECtHR plays a major role in shaping the approach to legal regulation of reproductive rights due to its extensive judicial practice in resolution of disputes regarding the protection of reproductive rights.

Defending and debating sexual and reproductive rights

Reproductive rights movements throughout Latin America contend with the strong influence of the Catholic Church. In Argentina and Chile, two predominately Catholic countries where abortion is illegal yet common, reproductive rights activists see the church as their focal opponent. Analyzing data on the reproductive rights movement in each case, I argue that cultural opportunity is important for understanding the ways that activists address religion and the church in strategizing collective action frames. In Argentina, weak social support of the church foments more confrontational activism, despite the institutional power that the church still wields. In Chile, strong links between church and society obstruct reproductive rights challengers, leading to more cautious critiques of the church. Considering political and cultural opportunities is necessary when studying movements that make claims on both state and society, especially movements that challenge powerful cultural actors like the Catholic Church

Dorothy Shaw: promoting women's sexual and reproductive rights

The article examines the issue of ensuring reproductive rights of individuals in European countries, exploring the relevance of this topic in the legal context of the European Court of Human Rights. The main purpose of the article is a comprehensive analysis of the ECHR judgments on reproductive rights and the establishment of their status and specifics of their implementation in different European countries. The issue of reproductive rights are examined through the prism of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which enshrines the right to respect for private and family life. In this context, the article examines a number of ECHR judgments relating to aspects of reproductive rights, such as the right to abortion, the right to choose a place of childbirth, sterilization, etc. Separate information was provided on the specifics of abortion regulation in Slovakia and Poland, which reflects different approaches to reproductive rights in European countries. Importantly, the article analyzes in detail the legal positions of the ECHR, where the Court provides clarifications on the content of the concept of “private life”, in particular it’s meaning in matters of reproductive rights. The authors have established that at the present stage, the consolidation of reproductive human rights in European countries is insufficient, has numerous legal gaps, which sometimes leads to violations of fundamental human rights. At the same time, ECHR judgments aimed at overcoming imperfections in national legal systems play an important role in the gradual consolidation and development of reproductive rights at the legislative level. Based on the analysis of the ECHR judgments, the author draws conclusions about the need for further improvement of legal regulation and consolidation of reproductive rights at both the international and national levels. It was noted that reproductive rights are an integral part of general human rights, and their realization should be clearly enshrined in both international documents and national laws, ensuring reliable protection of these rights in the legal framework of each European country. Keywords: human rights, human freedom, freedom of choice, legal regulation, right to life, right to privacy, reproductive rights, right to health care, abortion, sterilization, Convention for the Protection of Human Rights and Fundamental Freedoms, ECHR.

Christa Craven's Pushing for Midwives: Homebirth Mothers and the Reproductive Rights Movement will appeal to readers interested in issues of reproduction, social movements, policy or health broadly, as well as how race, socioeconomic status and geography affect these issues. Craven's engaging study of midwifery advocacy in Virginia provides two major contributions to the extant literature. First, she examines how global economic trends affect the contours of local activism; and, second, she explores how diversity, or lack thereof, shapes movement recruitment, participation and tactics. Craven frames her book as an analysis of how the mainstream reproductive rights movement's rhetoric of “choice” encourages a consumerist stance that dovetails with increasingly dominant neoliberal logic of the free market. This logic manifests through the mainstream movement's advocacy efforts that rest on the assumption that women are similarly constrained, which, as Craven outlines, there are multiple ways they are decidedly not. The book's structure models the author's self-identified feminist anthropological approach. Before the main text begins, the author explicitly explores her personal and political investments in this research. This section begins a useful discussion of methodology and social position, with which many (feminist) social scientists grapple in their own research. Chapters 1, 2 and 3 provide a detailed history of the class-based shift in birthing practices and how medical authorities demonized home birthing, an arena in which African-American midwives had traditionally held authority in the South. Craven's coverage of the vast scholarship in this area will be particularly helpful for readers unfamiliar with the more common discussions around women's health (e.g., increased medicalization of women's bodies). Chapters 4, 5 and 6 focus on contemporary efforts to pass legislation that decriminalizes homebirth and reduce the byzantine pathway to becoming a legal midwife in the state.

Hungary has a mixed record in terms of fulfilling reproductive rights as a whole, but in the context of artificially assisted procreation, it provides reproductive health services far beyond those offered by its neighbors, beyond what is stipulated by the ICPD Programme of Action, and, arguably, beyond the internationally accepted parameters of reproductive rights. Recent legislation on assisted procreation has established important new regulations and formulated a new "right to continuation of infertility treatment" applicable to women who have been widowed or divorced. The new legislation is examined in the context of the international reproductive rights movement, with comparisons to other European countries and with reference to Hungarian attitudes and laws on abortion and surrogacy.

Conflict between concern ooer global population growth (still rising precipitously, even though growth rates have slowed) and concern for reproductive rights is intense. NeoMalthusians, on the one hand, point to the dire consequences of ooerpopulation; feminist def enders of reproductive rights and religious opponen ts of population control, on the other, point to abuses population programs have involved. In this paper I explore how de elopments i n reproductive technology, present and future, may provide a solution to this conflict-one which promises both a significant drop in population growth and the fulles t protection of reproductive rights and preferences. Drawing on the distinction between two principal types of contraception, short-acting or time·of·need technologies and long-term or automati c contraception, it poses a thought-experiment: What if everybody all fenile females, and when the technology becomes available, all fenile males were to use automatic, reversible contraception? The effect of this circumstance would be to reverse the default mode, so to speak, in human reprod.uc ion, so that having a child would require a deliberate choice, fallowed by the action of removing or neutralizing one's form of contraception. Under the assumption that people would choose to have fewer children than they would accept having when unplanned conception occurs, we can predict a dramatic decrease i n population growth indeed, the greatest possible decrease consistent with the full protection of reproductiue rights for both females and males, Such a prospect would be morall:y acceptable only under two conditions, 1 ) universaUcy, to avoid the targeting of groups perceived as at higher risk. And 2) guaranteed reversi bility, so that people can always attemp t to have the children they want. If these conditions are met, it is possible to resolue much of the conflict between neoMalthusian concerns over population growth, on the one hand, and feminist and at least some religious concerns about reproductive rights and population control on the other. In this short paper, I shall address two grave problems: global population growth and reproductive rights. It might seem impossible to address these two problems at once, so much at odds the solutions may seem. After all, those worried about population growth insist that individual freedom to have children must be limited if the world is to survive, while those concerned with reproductive rights are adamant about protecting women's reproductive libeny the right to have the children one wants. I plan to step between these two opposing camps to show that, thanks to what may seem to be only a tiny, incremental development in reproductive technology, there is a way of accommodating both concerns both limiting children and having the children one wants.

INTRODUCTION In November 2015, the Supreme Court granted certiorari to Whole Woman 's Health v. Cole (1) the first reproductive rights case to reach the court since Gonzales v. Carhart (2) eight years before. In the intervening time, states have passed an astonishing number of laws and regulations that encroach on women's access to abortion. Many such laws ostensibly aim to protect the woman and her fetus. Yet these same laws do so by imposing medically unnecessary and onerous procedural requirements on women, (3) which can erect massive barriers to abortion access for individuals. Other state laws aim to regulate not the activities of women, but those of abortion providers, who are not a protected class. The reproductive rights movement terms these laws Targeted Regulations of Abortion Providers, or TRAP laws. (4) State legislatures' passage of TRAP laws accelerated after the Supreme Court's decision in Carhart, which was taken to signal judicial willingness to uphold state laws that aim to protect an unborn fetus at the expense of reducing a woman's ability to choose. (5) This Note focuses on admitting-privileges laws, a type of TRAP law that requires physicians who provide abortions to obtain staff privileges at a hospital within a certain distance from their clinics. Without these required privileges, physicians performing abortions risk civil and criminal penalties. These laws are especially concerning because they give area hospitals an effective veto over a clinic's operations, effectively outsourcing the power to deny licenses to private entities. Admitting-privileges decisions are often discretionary for hospital administrators; a hospital's denial of admitting privileges also lacks state oversight or external appeals. Admitting-privileges laws are being ratified throughout many states, but have proven resistant to traditional substantive due process challenges. In addition to traditional undue burden analysis, a multipronged approach to reproductive rights litigation and advocacy is necessary. Part I of this Note sets forth a brief history of the right to choose an abortion and the current federal legal framework. Then, it details recent state legislative and ballot initiatives aimed at regulating abortion providers. Part II explains the complications of using the undue burden doctrine in constitutional challenges to state action, as illuminated by recent cases litigating admitting-privileges laws. It further introduces private-delegation challenges as an alternative method to examine the constitutionality of these laws. Part III looks at the history of private-delegation challenges with respect to admitting- privileges laws and touches on other possible avenues to challenge admitting-privileges regulations. I. Abortion in the Post-Roe Era In 1973, the Supreme Court decided Roe v. Wade, which recognized that the Due Process Clause of the Fourteenth Amendment protects a right to privacy that extends to a woman's decision to have an abortion. (6) Roe's effect was remarkable. Before Roe, each individual state regulated abortions and the accessibility thereof with their traditional police powers. At the time of the decision, four states had repealed anti-abortion laws, while thirteen had begun reforms of their abortion laws. (7) Almost all the rest banned abortion in most cases. (8) After the Supreme Court identified a right to choose an abortion grounded in the federal Constitution, the annual number of legal abortions rose through the 1970s, leveling off in the 1980s. (9) After Roe, the Supreme Court also decided Doe v. Bolton, (10) which assessed the elaborate procedural barriers to abortion erected by the state of Georgia and invalidated some of them for being not reasonably related to the state interest (11) or redundant. (12) Doe has been interpreted to signal that just as states may not prevent abortion by making the performance a crime, states may not make abortions unreasonably difficult to obtain by prescribing elaborate procedural barriers. …

The main principles of state policy in the field of protection of reproductive rights of citizens in the Kyrgyz Republic are the orientation of state programs to improve the demographic development of the Kyrgyz Republic, as well as the availability and high quality of health services at all stages of organizing reproductive health care. One of the main directions of state policy in the field of protection of reproductive rights of citizens is the conduct of scientific research in this direction. In the structure of gynecological diseases in women of childbearing age in most countries of the world, uterine fibroids takes a leading place. The tactics of treating patients with uterine leiomyoma, aimed at preserving and implementing reproductive function, remains relevant and often discussed. All of the above dictates the need to continue scientific work in this direction. The purpose of the study was to analyze the frequency of uterine leiomyoma in women in the Kyrgyz Republic and to make a prognosis of this pathology until 2023. Materials and research methods — the study was conducted on the basis of the clinical maternity hospital National Center for Maternal and Child Welfare of the Ministry of Health of the Kyrgyz Republic. The data from the annual reports of the healthcare organizations of the Kyrgyz Republic submitted to the RCHEC for the period 2010–2018 was analyzed, the incidence of uterine leiomyoma is estimated by the analysis of the time series. Results — the analysis of the incidence of uterine leiomyoma in women of the Kyrgyz Republic established an increase in this pathology by 2.2 times in the analyzed period from 19.5 per 100 thousand women in 2010 to 43.5 per 100 thousand women by 2018, p<0.001, the medium-term forecast confirmed the dynamics of the growth rate of uterine leiomyoma up to 65.8 per 100 thousand women by 2023, which is 3.4 times higher than 2010, p<0.001. The frequency of occurrence of uterine leiomyoma in women during childbirth during the analyzed period is characterized by consistently high rates (6.8 per 1,000 births in 2010 and 6.6 per 1,000 births in 2018) with no tendency to decrease, the medium-term forecast confirms the stability process (by 2023, the indicator will be 7.2 per 1,000 births). The high incidence of this pathology requires the adoption of effective decisions in the health sector aimed at maintaining the reproductive potential of the country.

Violations of women’s sexual and reproductive health and rights are frequent all over the world. Women’s sexual and reproductive health is related to multiple human rights. The term ‘rights-based’ has become increasingly linked to the concept of a more comprehensive approach to sexual and reproductive rights of women around the globe. The rights-based perspective is derived from the treaties, pacts and other international commitments that recognize and reinforce human rights, including the sexual and reproductive rights of women. We conducted an extensive review of the guidelines, frameworks, research reports and published articles that have been cited as informing the rights-based approach. The findings of the review highlights what is meant by sexual and reproductive health and rights by the stakeholders, why this matter is important, and what can be done. It demands more partnerships with human rights, women’s and other civil society organizations, increased number of successful national policies, initiatives and/or legislative changes, increased budget and other resources at national and/or local community level, mass communication and engagement of men to promote and advance women’s sexual and reproductive health and rights. Achievement of gender equality is very crucial, because it is a human right that advances women’s empowerment; and is interlinked with sexual and reproductive health and rights.

Over the last few years, the awareness and need for protection of reproductive rights has been increasing. However in underdeveloped countries like African countries and even in developing countries like India, there is still lack of adequate protection (statutory and administrative) and education/ awareness with respect to reproductive rights. This research article is an attempt to analyse the International, National Law protecting Reproductive rights and to critically analyse the lacunas in implementation of same.

I. Introduction In the United States constitutional system, the protection of individual rights depends upon the federal and state judiciaries. The role of the federal courts in protecting reproductive rights provides a particularly well known, if controversial, example. Roe v. Wade is among the most widely recognized of all judicial decisions. (1) The U.S. Senate, for example, routinely questions Supreme Court nominees about their views on Roe, as well as Roe's principal precedent, Griswold v. Connecticut. (2) Although the Supreme Court's invalidation in Roe of Texas's criminal ban continues to be debated, Griswold's invalidation of a Connecticut law that made it illegal for even married couples to use contraception stands as a pillar of modern constitutionalism. (3) The courts of the fifty states also possess broad authority to safeguard or diminish reproductive autonomy and, as a consequence, the status of health care, reproductive justice, and the well-being of women, children, and families in their jurisdictions. State courts interpret the meaning of state laws--constitutional provisions paramount among them--that may provide greater protection for individual rights than the federal Constitution. The movement for marriage equality provides a powerful and related example: the first states to allow couples of the same sex to marry did so only after a state court interpreted a state constitutional guarantee to require what increasingly is recognized as a matter of right. (4) Americans regularly have battled governmental intrusions on their reproductive rights in state as well as federal courts, dating back to when not only and contraception were illegal, but so, too, was the distribution of information about how to prevent unintended pregnancy. (5) Now, more than forty years after Roe and fifty years after Griswold, state courts are as important as at any time since those landmark decisions. Overlapping factors converge to create special urgency for attention to state courts. A brief review of five such factors helps situate this Essay's analysis of the contemporary relevance of state courts to the fight for reproductive justice. First, this is a time of heightened threat to the availability of legal services, which diminishes the effectiveness and availability of women's health care services more generally. (6) Several facts illustrate this trend: * State legislatures enacted more restrictions in the last three years (2011-2013) than in the previous decade. (7) * Between 2000 and 2013, the proportion of women living in states hostile to rights nearly doubled, from 31% to 56% (as measured by the Guttmacher Institute). (8) * The number of providers in the United States has fallen over 40% since 1982 (9) and has declined 4% between 2008 and 2011 alone; 89% of all United States counties lack an clinic. (10) * The number of providers will continue to fall from 2011 levels unless courts enjoin new restrictions, as illustrated by the situation in Texas where in 2014 the number of clinics shrunk from forty-one to nineteen and threatened to fall to seven. (11) * In six states, only a single clinic remains open in the entire state, (12) placing them at special risk of soon becoming, as opponents describe their aspiration, abortion free. (13) Second, women increasingly depend upon state courts not only to protect their rights to terminate pregnancies but also to safeguard their liberty, equality, and dignity during pregnancy. The assault on reproductive rights seeks broadly to define fertilized eggs, embryos, and fetuses as persons possessing rights independent of pregnant women. (14) National Advocates for Pregnant Women has documented hundreds of instances since Roe in which states have used criminal and civil law in efforts to specially punish or control women because they had an abortion, experienced a miscarriage or stillbirth, or engaged in behavior a prosecutor or physician deemed harmful to embryonic or fetal development. …

The global reproductive rights movement arose in the late 1980s and early 1990s as a challenge to the population control paradigm that has dominated family planning policy for almost half a century. The essence of the challenge is to place women into the center of population discussions as subjects, not objects of policy, and to reorient family planning and health programs toward meeting the broad reproductive health needs of individuals, rather than the narrow population control objectives of states. Reproductive rights advocates argue that the use of family planning programs for developmentalist-oriented population control objectives is illegimate, and inevitably relegates women to the status of depersonalized policy “targets”. The cases of Croatia and Serbia, the two dominant partners in the former Federal Republic of Yugoslavia, offer interesting twists on these reproductive rights issues. In Croatia and Serbia, unlike in many nations, the governments are deliberately seeking to increase rather than decrease fertility levels. Moreover, the objective concerns identity politics, more so than development: the governments have encouraged increased fertility to safeguard the survival of their nations and to strengthen national power amidst threatening internal and external environments of ethnic conflict. In this paper, we examine the dynamics of pro-natalist fertility policy in Croatia and Serbia. We do so with a view to explaining why, despite similarities, the two have followed divergent paths. While reproductive rights violations have occurred in both nations, they have been markedly higher in Serbia than Croatia. To explain this divergence we look at a series of sociopolitical factors, including the space available for groups to mobilize in each political system; the degree of nationalistic extremism present in the discourse of central political leaders; and perceptions of threats and opportunities in external geopolitical environments. In conducting this analysis we seek to drive home the point that a nation's reproductive rights situation and prospects cannot be understood divorced from its sociopolitical context. We also raise an additional impetus for promoting the reproductive rights agenda—one largely unexplored in the family planning literature—that emerges from low fertility nations facing identity issues. Women's bodies must be protected not only against those states seeking to use their reproductive capacities for developmentalist-oriented fertility control, but also against those wanting their bodies for nationalistic-oriented fertility promotion.