Women's reproductive rights as a posibility to make decisions without violence, forces and discrimination - Jurfem

Women’s reproductive rights as a posibility to make decisions without violence, forces and discrimination

According to their content, following the Civil Code of Ukraine, reproductive rights are personal intangible rights of individuals that ensure their natural existence. At the same time, the legislation still does not enshrine the definition of “reproductive rights”, and there is no comprehensive regulation in the field of reproductive relations. On the one hand, we can apply the Constitution of Ukraine, the Civil Code of Ukraine, the Family Code of Ukraine, the Fundamentals of the legislation of Ukraine on health care, the Order of the Ministry of Health “Procedure for the use of assistive technologies in Ukraine” and so on. However, none of these acts operates with the concept of “reproductive rights” or determines the specifics of their implementation.

It should be noted that back in February 2004, by registering the Draft Law on Reproductive Rights and Guarantees of Their Implementation №5105, there was an attempt at the legislative level to propose a definition of reproductive rights.

The authors of the bill stressed the importance of reproductive health in human life and the need to establish a unified approach to the regulation and protection of reproductive human rights.

However, this legislative idea failed, because according to the conclusion of the Main Scientific and Expert Department, some provisions of the bill “.. are declarative in nature, which will not contribute to the proper regulation of public relations in this area” and generally need to be finalized. Obviously, the issues addressed by the bill were out of time, as neither alternative bills nor other legislative initiatives that would define these concepts from the point of view of human rights were received.