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M.
Jean-Marie CAVADA European Parliament
22 March 2005 Dear
Sir, ASTRA
- the Central and Eastern European Women’s Network for Sexual and
Reproductive Health and Rights consisting of more than twenty
organizations in the region, including the new member states of the EU,
submits this contribution to be included in the next annual report on
fundamental rights in the European Union.
ASTRA works to advance and promote sexual and reproductive health
and rights by bridging the gaps between women’s issues, health issues
and human right issues, and works with other NGOs to monitor state
compliance in this field with international human rights treaties. As
you write your annual report for 2004 and as you consider the issues to
address for 2005, we urge you to consider including sexual and
reproductive health and rights issues. The United Nations Treaty
Monitoring bodies which monitor state compliance with
the 6 major United Nations human rights treaties all have addressed
sexual and reproductive health and rights issues within the context of
state obligations under various treaty provisions, including the right to
bodily integrity, liberty and security, privacy, information, life, and
right to be free from discrimination etc. All of these rights are also
protected under the Charter of the Fundamental Rights of the European
Union. Last
year, for example, the United Nations Human Rights Committee, which
monitors state compliance with the International Covenant on Civil and
Political Rights (ICCPR), in its concluding observations to Lithuania and
to Poland addressed two fundamental issues with regards to sexual and
reproductive health and rights: sexuality education and abortion.
In its concluding observation to Lithuania, the Human Rights
Committee expressed its concern at the high rate of unwanted pregnancies and abortions
among young women, and the high number of these women contracting
HIV/AIDS, with consequent risks to their life and health, which implicates
Article 6 of the ICCPR.
The Human Rights Committee recommended that Lithuania… “take
further measures to help young women avoid unwanted pregnancies and
HIV/AIDS, including strengthening its family planning and sex education
programmes.” In its concluding observation to Poland, the Human Rights Committee noted
the potential human rights violations connected with Poland’s
restrictive abortion law. Specifically, the Committee noted that
Poland’s restrictive abortion law “…may incite women to seek unsafe,
illegal abortions, with attendant risks to their life and health. It is
also concerned at the unavailability of abortion in practice even when the
law permits it, for example in cases of pregnancy resulting from rape, and
by the lack of information on the use of the conscientious objection
clause by medical practitioners who refuse to carry out legal abortions.
The Committee further regrets the lack of information on the extent of
illegal abortions and their consequences for the women concerned.”
The Committee views these issues as falling within the purview of
Article 6 of the ICCPR. The Committee recommended that Poland should “liberalize
its legislation and practice on abortion. It should provide further
information on the use of the conscientious objection clause by doctors,
and, so far as possible, on the number of illegal abortions that take
place in Poland…”
Both concluding observations could be found at http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/8d79fd55ca07d4dec1256ea80054efe5?Opendocument
and http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/66db176cabc27b16c1256f43005ba2e7?Opendocument
. It is important to note that the human rights violations
surrounding Poland’s restrictive abortion law have been well documented,
attached please find a report on Women
in Poland – Sexual and Reproductive Health and Rights. It could be
found at As
the Committee on Civil Liberties, Justice and Home Affairs is responsible
for the protection within the territory of the Union of citizens’ rights,
human rights and fundamental rights as laid down in the treaties and in
the Charter of Fundamental Rights of the European Union and that the
annual report on the respect for the rights laid down in the Charter bases
much of its sources on the United Nations, we urge you to take into
consideration these specific issues as outlined above, as well as ensuring
that respect for sexual and reproductive health and rights issues become a
fundamental component of the Committee’s work.
Should
you need any further information or details, please feel free to contact
the ASTRA secretariat. Sincerely, Wanda
Nowicka and Christina Zampas ph/fax. 48.22.635 93 95, 887 81 40 cc:
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