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Adolescent Sexual and Reproductive Health Toolkit for - UNFPA

Adolescent Sexual and Reproductive Health Toolkit for - UNFPA

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How are human rights <strong>and</strong> legal<br />

considerations related to adolescent<br />

sexual <strong>and</strong> reproductive health during<br />

emergency situations?<br />

The human rights of adolescents, including vulnerable<br />

sub-groups, are protected under several declarations<br />

<strong>and</strong> conventions in international law.<br />

The Universal Declaration of Human Rights (UDHR)<br />

mentions the right to health under the right to the<br />

highest attainable st<strong>and</strong>ard of living (UDHR Article<br />

25). The Constitution of the World <strong>Health</strong><br />

Organization defines health as a state of complete<br />

physical, mental <strong>and</strong> social well-being <strong>and</strong> not merely<br />

the absence of disease or infirmity <strong>and</strong> declares that the<br />

enjoyment of the highest attainable st<strong>and</strong>ard of health<br />

is one of the fundamental rights of every human being<br />

without distinction of race, religion, political belief,<br />

economic or social condition (WHO, 1946).<br />

This was exp<strong>and</strong>ed during the 1994 Cairo<br />

International Conference on Population <strong>and</strong><br />

Development, which defined reproductive<br />

health <strong>and</strong> the right to reproductive health as:<br />

a state of complete physical, mental <strong>and</strong> social<br />

well-being <strong>and</strong> not merely the absence of disease<br />

or infirmity, in all matters relating to the reproductive<br />

system <strong>and</strong> to its functions <strong>and</strong> processes.<br />

<strong>Reproductive</strong> health there<strong>for</strong>e implies that people<br />

are able to have a satisfying <strong>and</strong> safe sex life <strong>and</strong><br />

that they have the capability to reproduce <strong>and</strong> the<br />

freedom to decide if, when <strong>and</strong> how often to do so.<br />

Implicit in this last condition are the right of men<br />

<strong>and</strong> women to be in<strong>for</strong>med <strong>and</strong> to have access to<br />

safe, effective, af<strong>for</strong>dable <strong>and</strong> acceptable methods<br />

of family planning of their choice, as well as other<br />

methods of their choice <strong>for</strong> regulation of fertility<br />

which are not against the law, <strong>and</strong> the right of<br />

access to appropriate health-care services that<br />

will enable women to go safely through pregnancy<br />

<strong>and</strong> childbirth <strong>and</strong> provide couples with the best<br />

chance of having a healthy infant.<br />

The right to reproductive health includes the<br />

right to complete physical, mental <strong>and</strong> social<br />

well-being <strong>and</strong> not merely the absence of<br />

disease or infirmity, in all matters relating to<br />

the reproductive system <strong>and</strong> to its functions<br />

<strong>and</strong> processes.<br />

ICPD, 1994<br />

The 1995 Beijing Women’s Conference exp<strong>and</strong>ed the<br />

definition of reproductive health to include sexuality:<br />

The human rights of women include their right to<br />

have control over <strong>and</strong> decide freely <strong>and</strong> responsibly<br />

on matters related to their sexuality, including<br />

sexual <strong>and</strong> reproductive health, free of coercion,<br />

discrimination <strong>and</strong> violence.<br />

The UN Convention on the Rights<br />

of the Child:<br />

<strong>Adolescent</strong>s are entitled to rights under the<br />

Convention on the Rights of the Child (CRC)<br />

until age 18. These rights are listed below, with<br />

examples of how they relate to ASRH:<br />

• The right to the highest attainable st<strong>and</strong>ard<br />

of health, Including the right to reproductive health.<br />

• The right to impart <strong>and</strong> receive in<strong>for</strong>mation <strong>and</strong><br />

the right to education, Including complete <strong>and</strong><br />

correct in<strong>for</strong>mation about SRH.<br />

• The right to confidentiality <strong>and</strong> privacy, Including<br />

the right to obtain RH services without consent of a<br />

parent, spouse or guardian. Conducting a virginity<br />

(hymen) examination on an adolescent without her<br />

consent would also be a violation of this right.<br />

• The right to be free from harmful traditional<br />

practices, Including female genital cutting <strong>and</strong><br />

<strong>for</strong>ced early marriage.<br />

Introduction<br />

13

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