Reproductive and Sexual Health Rights

• Sexual and Reproductive Rights are now important due to the investigation of maternal/child deaths.
• Reproductive and Sexual Health Rights are covered under important International Documents.
• The International Federation of Family Planning has a Declaration of Reproductive Rights and Sexual Rights.
• Legal regulations for Reproductive and Sexual Health are important.

Reproductive Health

• Reproductive Health refers not only to the absence of disease and disability but also to the complete physical, mental, and social well-being of the reproductive system.
• Reproductive Health gives people the ability to reproduce when they choose, and to have a satisfying and safe sex life.
• Reproductive Health gives people the freedom to make decisions about reproduction without violence and discrimination.

Reproductive Rights

• Reproductive Rights provide care and counseling for reproductive and sexually transmitted diseases.
• Reproductive Rights enrich life and personal relationships.

Sexual and Reproductive Rights Definition

• Individuals and couples can decide the number and spacing of children they want.
• People have the right to make decisions freely, with the relevant information, and without pressure, violence, or discrimination when accessing health services.
• Equality of access must be granted.
• Advocacy is necessary.

Sexual and Reproductive Rights Development

• The historical development of reproductive rights is linked to the development of human rights.
• The development process has strong links with the development of women's rights.

Important International Documents

• Universal Declaration of Human Rights (1948)
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979)
• Convention on the Rights of the Child (1989)
• Declaration of the 4th World Conference on Human Rights (1993)
• International Conference on Population and Development (ICPD) Final Declaration (Cairo 1994)
• 4th World Conference on Women (Beijing +5) (1995)
• Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) (2011)
• Sustainable Development Goals (SDGs) (2015)

Universal Declaration of Human Rights (April 6, 1949)

• Every man and woman of marriageable age has the right to marry and start a family without restrictions based on race, citizenship, or religion.
• Marriage contracts can only be made with the free and full consent of the prospective spouses.
• The family is the natural and fundamental element of society, and it has the right to protection by society and the State.

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

• A definition of discrimination against women is given.
• Discrimination against women means any distinction, exclusion, or restriction based on sex.
• The purpose or effect of this discrimination is to deny or nullify the recognition, enjoyment, or exercise by women of their human rights.
• There is to be equality between men and women in the political, economic, social, cultural, civil, or any other field.
• Women have the same right to decide freely and reasonably on the number and timing of children.
• Women have to have the necessary information, education, and means to exercise this right.
• States Parties shall prohibit any form of sale of women and exploitation of women in prostitution and shall take all necessary measures including enacting legislation to end such acts.
• There is a right to benefit from adequate health services, including information, counselling, and services in family planning.

Child Rights Convention (1989)

• States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and access to medical care and rehabilitation facilities.
• No child is to be denied the right to such medical care.
• States Parties shall pursue the full implementation of this right, particularly to reduce infant and child mortality rates.
• All children are to receive necessary medical assistance and care, with emphasis on the development of primary health care.
• There shall be combat of disease and malnutrition through readily available techniques and the provision of nutritious food and clean drinking water, within the framework of primary health care.
• Appropriate prenatal and postnatal care of the mother should be provided.
• All segments of society, especially parents and children, should be assisted in obtaining and using basic information on child health and nutrition, the benefits of breastfeeding, public and environmental health and accident prevention.
• Developing preventive health care, parental guidance, family planning education and services, needs appropriate measures for their purposes.
• States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse and States Parties shall ban exploitation of children in prostitution or other illegal sexual activities.
• States Parties shall take all appropriate measures at the national and bilateral and multilateral levels to prevent the abduction, sale, or prostitution of children.

Declaration of the World Conference on Human Rights (1993)

• The economic, social, and cultural rights guaranteed by the Convention are the main
• The right to work should be maintained.
• The right to fair and favourable working conditions is important.
• The right to join and establish a union is mentioned.
• Consideration of the right to social security and social insurance is needed.
• There should be protection of the family and assistance to the family.
• The right to adequate standards of living should be given.
• The right to physical and mental health is mentioned.
• Right to Education is covered.
• The document covers the right to benefit from cultural and scientific developments.

United Nations International Conference on Population and Development

• The explicit recognition and affirmation of women's right to control all aspects of their health, especially their fertility, is fundamental to women's empowerment.

4th World Women's Conference (Beijing) (1995)

• Necessary measures should be taken to eliminate all forms of discrimination against women and girls
• All obstacles to gender equality and the advancement and empowerment of women should be addressed.

Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention) (2011)

• States parties shall take the necessary legislative or other measures to ensure that intentional acts of mutilation, infibulation, or disabling, of all or part of a woman's labia majora, labia minora or clitoris is illegal.
• Forcing women to undergo those surgeries or inciting a girl child to undergo surgery, should be consider punishable.

Sustainable Development Goals (SDGs) (2015)

• Stopping trafficking, sexual exploitation and all forms of exploitation of all women and girls in public and private areas is a goal.
• Eradication of all forms of violence including is important.
• The need for improvement continues in Turkey as in the world.

International Planned Parenthood Federation - Declaration on Reproductive and Sexual Rights

• Every human being has the right to life.
• No one's life should be endangered because of pregnancy, childbirth, or gender.
• Safe Motherhood practices should be spread to the whole society.
• Policies should be established to reduce maternal and infant mortality and women's health.
• Family planning information and services should be made available to the society free of charge.

The Right to Freedom in Reproduction and Sexual Life

• The freedom and security of the individual includes the freedom to control one's reproductive and sexual life. Within the framework of this right:
• Protection of all children, women, and men from sexual abuse and exploitation.
• Individuals have the right not to undergo medical intervention regarding reproductive and sexual health without their full, free, and informed consent.

Situations that violate reproductive and sexual rights:

• Sexual abuse
• Virginity control
• Forced pregnancy or continuation of this pregnancy
• Forced sterilization
• Forced abortion
• Laws or practices that require consent for the use of family planning methods or voluntary abortion
• Female genital mutilation (common in Asian and African countries)
• Imposing prison sentences on women for terminating their pregnancies.

The Right to Equality in Reproductive and Sexual Life

• All human beings are born free and equal.
• No one shall be discriminated against based on race, ethnicity, color, poverty, sex or sexual orientation, marital status, family position, physical or mental disability, age, language, religion, political opinion, social origin, personal characteristic, birth, or other status. Within the framework of this right:
• Laws prohibiting discrimination against any minority group and their effective implementation.
• Protection from unfair, traditional, and other practices that humiliate women.
• Gender-sensitive human rights should be ensued.

The Right to Privacy in Reproduction and Sexual Life

• The Right to Privacy is the ability to make autonomous decisions about reproduction and sexual life. Also to be respected in this decision making. Within the framework of this right:
• Service instructions, guides that ensure that personal information provided remains confidential.
• Legal frameworks that recognize women's right to choose reproduction and sexuality autonomously, including safe and voluntary abortion services.
• Reproductive and sexual health information and services that respect the privacy rights of young people should be provided

The Right to Freedom of Thought in Reproductive and Sexual Life

• All individuals have the right to reproductive and sexual health and rights, and the right to receive information through any media. Also to decide on the dissemination of this information.
• Individuals must have interpretation of religious tests, beliefs, philosophies and traditions that respect freedom of thought and speech regarding reproductive and sexual health and rights.
• Medical personnel have the right to conscientious objection in family planning and voluntary abortion services.
• However, an intervention must be made for a patient by directing them to other health personnel in the event of an emergency, and lives are in danger.

The Right to Information and Education in Reproductive and Sexual Life

• The right to information and education in reproductive and sexual life includes the right to free access to information and education on this subject. Within the framework of this right:
• Young people's access to information and education on reproductive and sexual health and rights
• Information and training programs on reproductive rights that are presented in a gender-sensitive, non-stereotyped, objective, critical, and pluralistic manner
• Programs should allow users of the service to make all decisions on the basis of full, free, and informed consent

The Right to Freedom of Assembly and Participation in Reproductive and Sexual Life

• The Right to Freedom of Assembly and Participation includes the right to establish and participate in a non-governmental organization (NGO) to promote reproductive and sexual health and rights. Within the framework of this right:
  • Active self-defense in the field of reproductive and sexual health and rights
  • Active NGO advocacy in the field of reproductive and sexual health and rights should be ensured

The Right to Decide Whether or When to Have Children

• All people have the right to freely and responsibly decide on the number and spacing of their children.

• This includes the right to decide whether or not to have children and the right to access family planning methods to exercise this right.

• Within the framework of this right: Reproductive health, safe motherhood, and safe voluntary abortion services are to be accessible, affordable, acceptable, and with useful information, training, and services. Safe, effective, and acceptable service delivery should be offered. All women and men should be given the freedom to choose and use a safe and acceptable method of protection against unplanned pregnancies.

The Right to Receive Health Care and Health Protection in Reproductive and Sexual Life

• Everyone has the right to the highest attainable level of physical and mental health. Within the framework of this right:
  • Programs that ensure the highest possible quality of health care
  • Comprehensive health services,
  • Access to all methods of Family planning, including voluntary abortion
  • Diagnosis and treatment for infertility and sexually transmitted infections, including HIV/AIDS
  • Pregnancy and infertility counseling that allows the person to make their own decisions
  • Providing a comprehensive but inexpensive service
  • Private services ensuring that the privacy of the individual is respected.
  • Availability of appropriate prenatal and postnatal services, including adequate nutrition during pregnancy and lactation
  • Paid maternity leave or unpaid maternity leave must be provided with adequate social security benefits

The Right to Benefit from Scientific Developments in Reproductive and Sexual Life

• All people have the right to enjoy the benefits of scientific progress. Within the framework of this right:
  • Access to the full range of benefits of reproductive health technology, including modern new methods of family planning, voluntary abortion and infertility treatments, provided these technologies are safe and acceptable
• Providing information on reproductive health technologies that could do harm.
• Gender-sensitive medical research should be provided

The Right to Choose About Marriage and Family Formation

• All people have the right to voluntarily choose whether they want to marry or not, to form and plan a family. Within the framework of this right:
  • Family planning, infertility treatment, and prevention and treatment of all sexually transmitted infections, including HIV/AIDS, should be insured with non-discriminatory access to reproductive and sexual health services

The Right to be from Torture and Ill-treatment in Reproduction and Sexual Life

• All men, women, and children have the right not to be subjected to torture, cruel, inhuman, or degrading treatment, and to receive medical or scientific diagnosis and treatment without free and informed consent. Within the framework of this right:
  • Protection of children from sexual exploitation and abuse, sex work, coercion to engage in any illegal sexual activity, use in pornographic displays and materials
  • It should be ensured that everyone is protected from rape, sexual assault, sexual abuse, and harassment, and domestic violence.

Conclusions

• Interdisciplinary cooperation is inevitable in preventing child marriages.
• Nurses and midwives can play an important role in the fight against child brides and can be held responsible for risk management.
• It is important to inform the public about this social problem and to increase their awareness of it.
• In addition to the roles of practitioners, educators, managers and researchers related to their professions, contemporary roles such as advocating for human and women's rights, ensuring gender equality, strengthening the social position, and roles of young girls and women are also defined.

Legal Regulations

• The CEDAW and Istanbul Convention are important in sexual reproductive rights in Turkey.
• Turkey signed the Beijing Action Platform in 1995 without any reservations.
• Turkey has committed to removing all reservations about the CEDAW convention by 2000 to increase the literacy rate of women to 100% and reduce maternal and child mortality by 50%.

Changes made for this purpose in Turkey

• Constitution (2001)
• Civil Law (January 1, 2002)
• Family Laws (January 17, 1998)
• Labor (employment) Law (June 10, 2003)
• Criminal Law (September 26, 2004).

Turkish Civil Law

• Turkish Civil Code was adopted by the Turkish Grand National Assembly and entered into force on January 1, 2002.
• Equality of men and women are to be observed.
• Ending gender discrimination is one of the goals.
• Women are to be made equal to men in the family and society.
• Women's labor is being evaluated.
• This allows Turkish society to experience contemporary development. With the New Civil Law:
  • the age of marriage has been increased by equalizing the age of marriage for men and women, and the requirement to complete the age of 18 has been introduced.
  • In extraordinary circumstances and for a very important reason, a judge may allow a man or woman who reaches the age of 17 to marry, only with a court order.
  • Parents or guardians are heard before the decision and if there is no need, the judge decides on his/her own

If the crime is one of torture:

• Those who are born out of wedlock have the right to inherit equally from a father's side, just like children in marriage.

• Those who have reached the age of 30 can adopt and the requirement for adoptees under the age of 18 to have been childless has been removed.

• All people have the right not to be subjected to torture, cruel, inhuman, or degrading treatment.

• All people have the right of the crime committed against a child, a person who is physically or mentally incapable of defending herself, or a pregnant woman.

• If a crime is committed against the persons mentioned above, a prison sentence of between 8 to 15 years should be given.

• In the event that the woman becomes pregnant as a result of a crime of which she is a victim, no penalty is imposed on the woman who terminates the pregnancy, provided that the duration is not more than 20 weeks and the woman consents. The termination has to also be completed by specialists.

• Genital Examination has been a punishment and is only ever done with the permission of a court. If it was done without permission, there is punishment of at least 3 months in jail.

• Marriage between the relationships listed below is banned:

  1. Between the parent and the sublineage, between siblings and between uncles, aunts & nephews.
  2. Between one of the spouses and the descendants or descendants of the other, even if the marriage that gave rise to the in-law kinship has been dissolved
  3. Between the adopter and the descendants and spouse of the adoptee, or of one of them and the other.

Turkish Criminal Law

• The Draft Turkish Penal Code, was accepted by the Grand National Assembly of Turkey on September 26, 2004, and entered into force on June 1, 2005.
• Regulations on gender equality and violence against women are included.
• The definition of "distinction between women and girls" has been removed from the text of the article.
• Sexual crimes are considered crimes against sexual inviolability under the heading of crimes against persons.
• The concepts of forced rape and forced rape were abolished and replaced with the concepts of sexual assault and sexual abuse of children.
• In the event that the crime of sexual assault is committed against the spouse, the investigation and prosecution are subject to the complaint of the victim.
• Sexual assault is defined and the basic form of the crime of sexual assault is defined.

Workplace Sexual Harassment

• The concept of sexual harassment in the workplace has been introduced.

• The qualified forms of the crime of sexual harassment have been determined.

• Sexual harassment against a person by abusing the influence arising from the service relationship or by taking advantage of the convenience of working in the same workplace has been punished with a heavier penalty than the basic form of the crime.

• When the crime is committed against the spouse, the investigation and prosecution are subject to the request of the victim.

• Sexual assault is actually defined by the victim.

• Effective cases or remorse are regulated, and require a suspended sentence.

• With a new regulation, if the abducted or detained person and one of the accused or convicts marry, it is not possible to reduce or postpone their sentences or to delete those sentences. By adding the expression "with the motive of honor" to the article, regulating the qualified cases of the crime of intentional murder that require aggravated life imprisonment.

• it has been accepted that the perpetrators of honor killings will be punished with the highest penalty. -By regulating the unfair provocation article, it is explained in the justification of the article that family members and relatives and other relatives who kill a woman who was sexually assaulted on the grounds of honor cannot benefit from the unfair provocation discount

• and that not every act will constitute unfair provocation. However, in the past if the act could constitute even a little provocation, they would get out of the punishment.

• If a woman with a gestation period of more than 10 weeks voluntarily aborts her child, she is sentenced to imprisonment for up to one year or a judicial fine. If the woman becomes pregnant as a result of a crime of which she is a victim, no penalty is imposed on the person who terminates the pregnancy, provided that the duration is not more than 20 weeks and the woman consents. However, the pregnancy must be terminated by specialist physicians in a hospital environment.

• There has to be punishment if people go into a vegetative state.

• In the event that the victim goes into a vegetative state or dies as a result of the crime, aggravated life imprisonment is introduced New regulations: Torture crimes have added the clause that an investigation must be launched.

• If the crime is committed against a child or a person who is physically unable to advocate her case, it is going to send from 8 months to fifteen years.

• If the result of the torture leads to death, there will be a verdict of life imprisonment.

• The general examination is independent.

• The process for sending for a general exam is for three months.

• If the prosecutor wants to give them to general examination, they will get a year.

LABOR (EMPLOYMENT) LAW

• In the event that the employee is sexually harassed by the employer, another employee or third persons in the workplace and the necessary measures are not taken despite reporting this situation, the employee has the right to terminate the job immediately for just cause.

• Short-time working allowance is attached to workers due to the general economic crisis or compelling reasons.

• Gender, marital status, and family obligations, pregnancy, and childbirth, cannot constitute valid reasons for terminating employment contracts. "It is essential that female workers are not employed for a total period of sixteen. weeks, eight weeks before and eight weeks after birth. In the case of multiple pregnancies, two weeks are added to the eight-week period that will not be operated before birth.

• If pregnant can only work around 8 hours but has to be less than 16 hours per day.

• Should not be used for night shift.

• Pregnant workers can work in the workplace up to three weeks before birth, with the approval of the doctor, if their health condition is suitable. In this case, the periods worked by the female worker are added to the postpartum periods.

• In the event that the female worker gives birth prematurely, the periods that she could not use before the birth are added to the postpartum periods.

• Must only work shift and day time when more than seven and a half hours.

• Females cannot do the night time.

• Six-month protection of people are used from day of the bird, all the way to the next few months.

• Female are protected from night duty, up to a year.

Breastfeeding Leave:

• Female workers are given a total of one and a half hours of breastfeeding leave per day to breastfeed their children under one year of age.
• To the female civil servant, from the date of expiry of the period of maternity leave
• three hours a day in the first six months,
• one and a half hours a day in the second six months

Population planning and law: Law no 2827

• Contraceptive Methods,
• Terminations of Pregnancy
• Sterilization should be irreversible.
• The uterus is evacuated and there can be medical issues.
• The pregnancy is only terminated with the approval from the couple and must happen in specialized hospitals.

-Law stated that if that you end pregnancy 10 weeks and over, the victim might have to go to jail. There are new laws to help increase the length to 20 to 25 weeks.

• It was agreed upon that it is always within the permission of the pregnant woman and the guardian If the woman in question was under age.
• If the woman is married, the consent of the spouse is also required.
• If I person who aborts a child without the family permission is sent to jail for between 7 to 12 years. . If the woman willingly aborts her child, is the gestation was 10 months old, he can sense this to between one to four years.
• In any state are required to have a single population law so that they could change what was mentioned here on the documents.

REGULATION ON THE IMPLEMENTATION OF THE POPULATION SERVICES LAW - ARTICLE 138

• In any state are required to have a single population law so that they could change what was mentioned here on the documents.
• They are saying is at the people are required to identify the population.