Sexual and Reproductive Rights

• The presentation will address sexual and reproductive rights and the relevant legal regulations.

Reproductive Health

• The reproductive system must be the absence of disease and disability, combined with physical, mental, and social well-being.
• Essential for people to have a safe and satisfying sex life, reproduce, and have the freedom to make decisions without violence or discrimination.

Reproductive Rights

• The purpose of reproductive health services includes providing care and counseling for reproductive and sexually transmitted diseases.
• Services enrich individual life and personal relationships.

Sexual and Reproductive Rights Definition

• Individuals and couples can decide the number and range of children they bring into the world.
• People require necessary information to make decisions without pressure, violence, or discrimination while accessing health services.

Historical Development

• The development of reproductive rights links to the development of human rights.
• Reproductive rights development has strong links to the development of women's rights.

International Documents

• Key international documents address reproductive and sexual health rights.
• Includes the Universal Declaration of Human Rights (1948), Convention on the Elimination of All Forms of Discrimination Against Women CEDAW (1979).
• Also includes the Convention on the Rights of the Child (1989), Declaration of the 4th World Conference on Human Rights (1993).
• Further documents include the International Conference on Population and Development (ICPD) Final Declaration (Cairo 1994), and the 4th World Conference on Women (Beijing +5) (1995).
• Also include the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) (2011).
• Also includes the Sustainable Development Goals (SDGs) (2015).

Universal Declaration of Human Rights: Article 16

• Marriageable adults have the right to marry and have a family regardless of race, citizenship, or religion.
• Marriage contracts can only be made with the free and full consent of prospective spouses.
• The family is a natural and fundamental societal element, and has protection from the State.
• Declaration of Human Rights originated April 6, 1949.

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

• It defines discrimination against women as any distinction, exclusion, or restriction based on sex, which nullifies women's recognition, enjoyment, or exercise of their human rights and freedoms.
• Women and men have equal rights to decide freely and reasonably on the number and timing of children.
• People have the right to the information, education, and means to exercise this right.
• States Parties must prohibit all forms of sale and exploitation of women in prostitution.
• Women have the right to benefit from adequate health services, including information, counseling, and services in family planning.

Child Rights Convention (1989) Article 24

• State 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.
• Every child deserves equal medical care.
• State Parties shall reduce infant and child mortality rates, provide medical assistance with emphasis on primary health care.
• States combat disease/malnutrition, provide nutritious food/clean drinking water, and recognize harm from environmental pollution.
• State Parties must provide appropriate prenatal and postnatal care, assist parents/children in obtaining basic health information.
• State Parties must develop preventative care, parental guidance, and family planning education.

Child Rights Convention Article 34.

• States Parties must protect children from sexual exploitation and abuse.
• Banning exploitation of children is necessary across the world.
• A child cannot be deceived into unlawful sexual activity.

Child Rights Convention Article 35

• State Parties should prevent the abduction, sale, or prostitution of children at national, bilateral, and multilateral levels.

Declaration of the World Conference on Human Rights (1993)

• It protects the right to work.
• Protects the right to fair and favorable working conditions.
• Protects the right to join and establish a union.
• Also protects the right to social security and insurance, adequate living standards, and physical/mental health.

UN International Conference on Population and Development

• Explicitly recognizes and affirms women's right to control all aspects of their health.
• Especially recognizes explicitly fertility, which is fundamental to women's empowerment.

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

• Measures must occur to eliminate all forms of discrimination against women and girls.
• These measures eliminate obstacles to gender equality and the advancement and empowerment of women.

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

• In Article 38, female circumcision is addressed.
• State parties must take measures against acts of mutilation, infibulation, or disabling intentional acts.
• Also illegal are acts that involve labia majora, labia minora, or clitoris.

Sustainable Development Goals (SDGs) (2015)

• There exist sustainable development goals on stopping trafficking and sexual exploitation for women and children.
• Goals include the eradication of all forms of violence.
• The need for improvement continues in Turkey and the world.

International Planned Parenthood Federation-Declaration on Reproductive and Sexual Rights

• Every human has the right to life; no one's life should be endangered by pregnancy, childbirth, or gender.
• Ensure "Safe Motherhood" practices are spread to society, policies reduce mortality, and women's health/family planning is available and free.

The Right to Freedom in Reproduction and Sexual Life

• An individual has the freedom and security, including control over their reproductive and sexual life.
• All children, women, and men require protection from sexual abuse and exploitation.
• Individuals can refuse medical intervention regarding their reproductive and sexual health without full, free, and informed consent.

Situations that Violate Reproductive Rights

• Sexual abuse, virginity control, forced pregnancy, forced sterilization, and forced abortion.
• Laws/practices require consent for family planning or voluntary abortion.
• Other violations include Female Genital Mutilation and prison sentences against women for terminating pregnancies.

The Right to Equality

• All human beings are born free and equal, and cannot face discrimination related to race, ethnicity, color, poverty, sex, orientation, marital status, family, disability, age, language, religion, origin, or birth.
• There should be laws prohibiting discrimination against any minority group
• People require protection from unfair traditional practices.
• Gender-sensitive human rights should be ensured.

The Right to Privacy

• Autonomy in reproductive/sexual life and ensure respect for privacy.
• Service instructions/guides ensure confidential information, and legal frameworks recognize women's right to choose reproduction autonomously.
• They recognize voluntary abortion, and reproductive/sexual health information respects young people's privacy.

The Right to Freedom of Thought

• All individuals have the right to reproductive/sexual health, information, and media dissemination.
• Individuals must interpret religious/philosophical thought that respects reproductive/sexual health freedom.
• Medical personnel can conscientiously object in family planning and voluntary abortion services.

The Right to Information and Education

• The right to information/education in reproductive/sexual life includes free access on the subject.
• Young people have a right to this reproductive and sexual health information.
• Information and training programs should be gender-sensitive, non-stereotyped, objective, critical, and pluralistic.
• Programs should guide the user into making informed decisions.

The Right to Freedom of Assembly and Participation

• NGOs should promote reproductive/sexual health and rights.
• Active self-defense in reproductive/sexual health.
• There must be ensured active NGO advocacy in the field of reproductive and sexual health.

The Right to Decide Whether or Not to Have Children

• All people have the right to decide freely and responsibly on the number and spacing of their children.
• This includes access to family planning methods.

Rights: Framework

• Includes the accessibility, affordability, and acceptability of reproductive health, safe motherhood, and voluntary abortion services.
• Safe/effective service delivery offers the possible services to regulate fertility.
• People have freedom to choose methods of protection.

Receiving Health Care

• Everyone has the right to the highest level of physical/mental health.
• Framework must ensure quality health care, services, and family planning access with voluntary abortion.
• Includes treatments for infertility, sexually transmitted infections (including HIV/AIDS), plus pregnancy and infertility counseling.
• Providing comprehensive, inexpensive, geographically accessible/reproductive respectful health services require availability of maternal/postnatal services with adequate nutrition during/after pregnancy.
• Paid or unpaid maternity leave is needed along with social security benefits.

Right to Benefit from Scientific Development

• Everyone has the right to enjoy the benefits of scientific progress.
• Includes family planning, voluntary abortion, and infertility treatments if safe and acceptable.
• People should receive information on the harmful effects of reproductive health technology.
• Gender-sensitive medical research should be provided.

Right to Choose the Marriage and Family Formation

• People can voluntarily choose whether to marry or not.
• Family planning, infertility treatment, and prevention of sexually transmitted infections should ensure equal access to services.

The Right to Be Free from Torture and Ill-Treatment

• All people have the right to not be subjected to torture/degrading treatment.
• The right includes receiving medical/scientific diagnosis and treatment with informed consent.

Conclusion

• Interdisciplinary cooperation is vital for preventing child marriages.
• Nurses/midwives with close communication with women play a role in combatting child marriage and risk management.
• In addition to practitioners, educators, managers and researchers advocate for human/women's rights while ensuring gender equality, strengthening social positions, etc.

Legal Regulations in Turkey

• Turkey signed the Beijing plan in 1995 without any reservations.
• Turkey is committed to remove all reservations about CEDAW by 2000 to improve women's literacy/reduce mortality by 50%.

Civil, Family, Labor, and Criminal Law Changes

These changes include:

• 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

• The New Civil Code was adopted and enforced on January 1, 2002.
• This code states equality between men and women.
• It looks to end gender discrimination, while making women equal to men in family life and society.
• The Code evaluates women's labor and arrangements to allow Turkish society to experience developments.

Civil Law Age of Marriage

• According to old code, boys had to be 17 and girls to be 15 years old.
• The new Law equalizes the marriage age to 18.
• A judge may allow a man or woman who marries to be 17.
• The parents/guardians must present before a marriage.

Turkish Civil Law Inheritances

• Those born out of wedlock can inherit equally from the father's side.
• Those who reach 30 can adopt and do not have to be childness.

Turkish Civil Law Marriage

• The husband is the father if the child is born during the marriage, or within 300 days from the end.
• A birth is presumed to the husband, or a DNA test can occur.

Turkish Criminal Law

• The Draft was accepted in line with today's needs on September 26, 2004.
• In force since June 1, 2005, it includes gender equality along with laws on violence against women.
• Also removed "distinction between women and girls" in the text.
• Crimes are judged on if sexual inviolability occurred.
• Forced rape was abolished and sexual assault was expanded.
• Victims have the right to complain is sexual assault was committed.

Penalties

• There was no law against sexual harassment in the workplace.
• Penalties now exist depending on the severity; harassment is punished with a heavier penalty.
• Cases of remorse that would require suspended sentences must be regulated.
• The regulation states there will be no reductions to sentences if the abused person marries their abuser.
• There is tougher stance against honor killings.
• Law regulates the fairness of the crime.

Turkish Criminal Law: Abortion

• Abortion is a crime after 10 weeks.
• Those who abort a child for non-medical reasons would face sentencing.
• Doctors can not perform a genital examination.
• Imprisonment is imposed who sends the person to genital examination.

Turkish Labor Law

• If sexually harassed on the job, and authorities didn't intervene, the employee has the right to quit.
• Benefits are attached to layoffs due to the economy.
• There are protections against discrimination.
• Employees have to show justification is sexually harassed on the job.

Labor Code

• A worker's family situation can not be brought up to prevent them from employment, or terminate the employment.
• Female workers cannot be employed sixteen weeks before birth, nor after.
• For multiple pregnancies, two weeks are added to the rule.
• Pregnant women can't work for more than 16 hours.
• Pregnant workers can work three weeks before the birth of child.
• There are added breaks for mothers.
• There are rest regulations for pregnant workers.

Population Planning Law #2827

• The Law addresses contraception, sterilization, and termination of pregnancy, with a major law.
• The regulations focus on family planning with services from vasectomies.
• The law was enforced on 27.05.1983.

Termination of Pregnancy Laws

• Abortion is allowed if there is a medical problem for the mother's health during 10 weeks of being pregnant.
• In cases of pregnancy threats/severe threats, an abortion can be approved if a gynecologist approves.
• The spouse must be informed.
• Abortion is subject to permission if over 20 weeks.
• Terminating pregnancy without a woman's permission is a crime.
• If the crime is above 10 weeks, the guilty party will be sentenced in prison.