Sexual/Reproductive Rights & Legal Regulations

• The slides are part of a presentation plan by Asst. Prof. Tülay KAVLAK, focusing on sexual/reproductive rights and legal regulations.

Presentation Plan Content

• Important international documents on reproductive and sexual health rights.
• The International Federation of Family Planning's Declaration of Reproductive Rights and Sexual Rights.
• Legal regulations on reproductive and sexual health.

Reproductive Health

• Reproductive health involves complete physical, mental, and social well-being, not just the absence of disease and disability.
• It entails a satisfying and safe sex life and the ability to reproduce.
• Freedom to make decisions about reproductive abilities without violence and discrimination is an important component.

Reproductive Rights

• Reproductive health services should provide care and counseling for reproductive and sexually transmitted diseases.
• These services should enrich life and personal relationships.

Sexual and Reproductive Rights Definition

• Individuals and couples can freely decide the number and spacing of their children.
• This definition entails having the necessary information to make decisions.
• Individuals and couples should not be exposed to pressure, violence, or discrimination while accessing health services.

Sexual and Reproductive Rights

• Reproductive rights' historical development is linked to the development of human rights and is strongly linked 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 has the right to protection by society and the State.

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

• Discrimination against women encompasses any distinction, exclusion, or restriction based on sex that denies or nullifies the recognition, enjoyment, or exercise of human rights and fundamental freedoms.
• Women and men are entitled to the same rights to make decisions freely and reasonably on the number and timing of children.

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

• States Parties must prohibit all forms of women’s sale and exploitation.
• Individuals are entitled to benefit from adequate health services, including information, counseling, and services in family planning.

Child Rights Convention (1989) - Article 24

• States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to access to medical care and rehabilitation facilities, ensuring that no child is denied such medical care.
• Infant and child mortality rates must be reduced.
• All children are entitled to necessary medical assistance and care, with emphasis on primary health care development.
• Combat diseases and malnutrition using readily available techniques and nutritious food and clean drinking water.
• There should be appropriate prenatal and postnatal care for the mother.
• Basic information on child health and nutrition, the benefits of breastfeeding, public and environmental health, and accident prevention must be available and used
• Preventive health care, parental guidance, family planning education, and services must be developed.

Child Rights Convention (1989)

• States Parties undertake to protect the child from all forms of sexual exploitation and abuse.
• Have to ban forbidden sexual activity all over the world
• Children must be protected from being deceived or coerced into engaging in unlawful sexual activity and exploitation in prostitution or other illegal sexual activities.

Child Rights Convention (1989)

• Measures must be taken at national, bilateral, and multilateral levels to prevent the abduction, sale, or prostitution of children.

Declaration of the World Conference on Human Rights (1993)

• Everyones work conditions and fair are favorable
• Everyone have the right to join and establish a union.
• There should be adequate standards of living and physical and mental health.

United Nations International Conference on Population and Development

• 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)

• Measures to eliminate all forms of discrimination against women and girls and obstacles to gender equality, advancement, and empowerment of women should be taken.

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

• Female circumcision is addressed in Article 38.
• States parties must take 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 are prosecuted.
• It is forbidden to force a woman or girl child to undergo any of the above-mentioned acts.

Sustainable Development Goals (SDGs) (2015)

• Valid steps must be taken to stop trafficking, sexual exploitation, and violence against all women and girls in public and private areas.
• The need for improvement continues in Turkey.

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.
• Women's health and family planning information and services should be made available to 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.
• This right entails protecting all children, women, and men from sexual abuse and exploitation.
• The individual has the right not to undergo medical intervention regarding their reproductive and sexual health without their full, free, and informed consent.

Situations That Violate Reproductive Rights

• Sexual abuse.
• Virginity control.
• Forced pregnancy or continuation of this pregnancy.
• Forced sterilization.
• Forced abortion.
• Laws or practices that require consent for 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 and cannot be discriminated against.
• No one should 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.
• Laws prohibiting discrimination against any minority group and their effective implementation must be in place.
• Protection from unfair, traditional, and other practices that humiliate women must be available.
• Gender-sensitive human rights must be ensured.

Right to Privacy in Reproduction and Sexual Life

• The Right to Privacy allows autonomous decisions about one's reproductive and sexual life.
• It requires ensuring that one's privacy is respected.
• Service instructions and guides ensure that personal information remains confidential. Legal frameworks recognize women's right to choose reproduction and sexuality autonomously, including safe voluntary abortion.
• Reproductive and sexual health information and services respect the privacy rights of young people.

The Right to Freedom of Thought in Reproductive and Sexual Life

• All individuals have the right to reproductive and sexual health and rights.
• The ability to receive information and decide on its dissemination.
• Interpretation of religious texts, 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, the necessary service must be provided to the patient, and intervention via referrals/emergency measures should be made.

The Right to Information and Education in Reproductive and Sexual Life

• Includes the right to free access to information and education on that subject.
• Young people have access to information and education on reproductive and sexual health and rights.
• Information and training programs should be gender-sensitive, non-stereotyped, objective, critical, and pluralistic.
• Programs should allow service users to make all decisions on the basis of full, free, and informed consent.

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

• Includes the right to establish and participate in a non-governmental organization (NGO) to promote reproductive and sexual health and rights.
• Active self-defense is important, as is active NGO advocacy.

The Right to Decide Whether or When to Have Children

• All people have the right to decide freely and responsibly on the number and spacing of their children.
• Individuals are empowered to decide whether or not to have children, and they have the right to access family planning methods.

Further Considerations for this Right

• Reproductive health, safe motherhood, and safe voluntary abortion services must be accessible, affordable, acceptable, and include useful information, training, and services.
• Safe, effective, and acceptable service delivery should offer the widest range of services to regulate fertility.
• The freedom to choose and use a safe and acceptable method of protection against unplanned pregnancies should be available to everyone.

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.
• This right entails programs that ensure the highest quality of healthcare, comprehensive health services, and access to all methods of family planning, Diagnosis and treatment for infertility and sexually transmitted infections (including HIV/AIDS).
• In addition, this right entails pregnancy and infertility counseling so people can make their own decisions.
• The right also covers providing comprehensive, inexpensive, geographically accessible, private, user-friendly reproductive and sexual health services.
• Individuals also have the right to availability of appropriate prenatal and postnatal services, including adequate nutrition and paid maternity/paternity leave with adequate social security benefits.

Right to Benefit from Scientific Developments in Reproductive and Sexual Life

• Entails all people having access to scientific progress.
• Full range of benefits as it applies to reproductive health such as modern methods of family planning, voluntary abortion, infertility treatments as they become applicable.
• Need to provide information on the harmful health effects and gender-sensitive medical research.

Right to Choose Marriage and Family Formation

• all people must have the right to choose whether they marry or not to form and plan a family.
• Family planning, infertility treatment, prevention and treatment of sexually transmitted infections including HIV/AIDs services and non-discriminatory access to reproductive and sexual health services.

Right to be Free From Torture in Reproduction:

• No one is subjected to torture, cruel, inhuman, or degrading treatment, or medical/scientific testing without informed consent.

Regarding Rights in Childbearing

• Safeguarding children or persons engaged in activities against their exploitation. All persons, or anyone exploiting their rights must be protected.

Conclusion of Legal Regulations

• Interdisciplinary cooperation is essential for child marriage prevention.
• Nurses/midwives play a crucial role in women's health and can manage risks.

Additional Roles

• Contemporary roles beyond practitioners, educators, managers, and researchers involve advocating for human and women's rights and ensuring equality.

Legal Regulations

• The Istanbul convention are important in sexual/reproductive rights in Turkey.

Country Regulations

• Turkey signed the Beijing Action Platform (1995) and intended to remove reservations for the CEDAW convention.
• Changes include the constitution (2001), Civil law (January 1, 2002), Family Laws (January 17, 1998), Labor Law Employment June 10, 2003) and criminal law.

Turkish Civil Law

• Adopted by the Turkish grand assembly
• Observed the equality of men and women, making women equal in society along with ending gender discrimination.

Turkish Civil Law Changes

• Previously a law existed saying woman had to be 15 yo to marry, it was changed to 17 yo, judge can approve marriages for parties if a large part of it could disrupt their future
• If the mother was heard, and there was no rest, the judge was able to decide on their own.

Turkish Civil Law

• Children out of wedlock have the right to inheritance
• 30 y/o or older can only adopt children above 18.

Turkish Civil Law - Article 282

• A child and mother are bound by the same birth.
• Binding happens if there is an eviction or hakim decision.
• Paternality is applied after the husband passes 300 days (from marriage dissolution"

Turkish Civil Law

• If a child is born into a relationship after 180 days of the date and time is considered by adam (related
• The marriage is also examined along with mahuere kasara
• Dna paternity is tested by yapma

Turkish civil law section article 129

• Those who are marriage between following relations of the father are restricted
• Between parent to son for alt soy, between siblings for relations and between nephew, uncle and aunts

Turkish Criminal Law

• Regulations on gender equality and violence were included
• Draft code was accepted

Turkish laws were amended to better account for crimes against and for women, including:

• Removal of what is to be distinguished between a woman/girl is in the constitution.
• Seuxal crimes are considered under persons rather than violation
• Assaults were punished and sexual crimes and child abuse was defined.
• Force rape has to be done if with marriage, however, for victims investigations are being completed.

Turkish Criminal Law- More about assault

• In sexual crimes prosecution cannot happen within the same spouse if reported
• The laws were amended to be related to work settings specifically sexual advances will result in jail time in the workplace for such crimes

Further in depth of the law

• It may come to no punishments will occur. Abducted or detailed marriages are punished, if they take the accused party, but is not required.

Turkish Criminal Law

• Penalties were accepted due by honor as long it involves honor killings
• Can only help with highest penalty"

Turkish Criminal Law

• A Woman must provide proper valid consent at the point if its a case of the wife is assaulted before her sentence.

Turkish Criminal Law

• If she has had an abortion past 10 weeks it comes with imprisonment
• If its done for the patients safety a medical procedure is given

Turkish Criminal Law

• If after the crime she goes into physical shock/mental shock it results in larger penalty (23). If aggravated, even moreso
• Under those times a 6-12 day sentence is being passed which is an increase in severity under the law and regulation.

Labor Employment and Law: Overview

• With workers in service there are circumstances that are to be known with what is happening during conditions.
• These include how sexual harassment is viewed
• Short time employment for special needs which will lead for people for reasons to need to terminate, will be applied which can lead or get some type of economic compensation at the point.
• Gender does have effect.

Labor Employment Law

• Labor laws are meant to provide proper ways to prevent mistreatment/inequilability. Gender to family plans cannot effect the contract for new positions.

Regulations for Law Enforcement

• Cannot work less and must have long enough time for employment
• This is to promote security and proper environment for the individual
• The worker cannot be operating too long if pregnant after a specific day amount from giving birth
• In addition , must have a time to make breastfeeding.
• After giving birth proper maternity is always given.

Laws of Population and Law

• In order to assist with safety population. Abortions are to never be a concern again
• Under this a proper set of steps are necessary with what can be given to those undergoing services
• Methods of contraception are to be available.
• Steps are given as part of the population to help to improve a better population.

Labor Employment Law

• A doctor and the woman must agree for a reason as to what that comes to lead to the pregnancy.
• As stated it needs to be a specialist to perform and sign off for the labor to work. And there is no need for those times as labor will not be needed due to proper doctor report and safe way.

Labor Employment Law - Population Terminations Article 6.

Abortions require the woman consent at the time, and husband's consent are need.

Other abortion laws

• Laws in place state for those that are under will have more years as penalty as long its under a womans permission
• There are cases though that there are other conditions which may change that under labor employment law, its at an amount of 1-4, but 1-5 in situations of abuse against those situations of consent. As all the information state that.

Regulations

• All must be given the legal registration, and under what is a right by the laws to be given to citizens according to regulations..