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CEE Bulletin on Sexual and Reproductive Rights

No 12 (56) 2007

table of contents:

burning issue

Astra Network calls upon the European Parliament to recognize the need for ensuring comprehensive sexuality education for the European Youth. One of Astra's priorities is advocating for sexuality education and this action is another example of our struggle for recognizing the importance of this urgent need on the European level. Astra Network has sent a petition to the EU Petitions Committee for consideration of the issue of access to comprehensive sexuality education in EU Member States. Essentially, the petition presents background information on the benefits of comprehensive sex education and the harms of denying access to sex education and/or abstinence-only education, highlights EU official documents, statements, policies, and legislation which underscore the importance of sexuality education, and finally concludes that the EU has failed to uphold its own position on sexuality education. The petition asks the EU to take certain actions to address these violations. The Petition Committee within the European Parliament is an often forgotten way of advocacy and we encourage other civil society groups to consider submitting a petition themselves. This is a chance for pushing sexual and reproductive health and rights in Europe on the EU agenda.

The petition is based on the following document:SexEdu

Annex to the document:Annex

regional updates

BULGARIA: Discussing legalization of prostitution put on the shelf. Recently, Bulgarian government announced its intention to legalize sex work but unexpectedly has reversed its position on the issue. So the county now founds itself in the prevailing trend among other European countries to restrict access to prostitution. Legislation of prostitution is mostly discussed in the context of preventing trafficking in humans, especially for the purposes of sexual exploitation. However, there are two contradictory discourses on this issue and the whole debate is not free of ideological concerns. Most of the countries, including Bulgaria, are not eager nowadays to liberalize law on prostitution, claiming that there is an alleged link between the issue and the vulnerability of women for trafficking. Finland, for example, has recently banned paying for sex by arguing that there are victims of trafficking in humans among the sex workers in the country. That perspective stays in stark contrast with the recent Council of Europe and other experts recommendations to legalize prostitution as one of the means of preventing trafficking. It is believed that criminalization of sex work pushes the phenomenon deeper into the underground which makes it impossible to control and provide possible services and assistance. Bulgaria plays a triple role in the trafficking circle: it is a country of origin, transition as well as destination. Currently, sex work functions in a grey area in Bulgaria. And it is not presumed to change in the nearest future despite previous government's declarations.

Source: WUNRN 14/10/2007

POLAND: Governmental report on the implementation of the act of family planning leaves a lot to be desired. The report that elaborates on the realization of the Polish anti-abortion law includes a section on demographic trends, social and pro-family policy, but does not really provide comprehensive information on the status of family planning in Poland. The key issues, such as accessibility of contraceptives, sexuality education or terminations of pregnancy are missing. Furthermore, the governmental report does not provide any broader perspective on the consequences of the anti-abortion law that has been in force for 15 years now. It only refers to official statistics that by no means present a realistic situation of Polish women. It really shocks that only 1 page has been devoted to contraception in a report that elaborates on family planning. Furthermore, the government does not gather any statistics and reliable data to depict the real picture. The problem of the abortion underground-so well developed in the country-has been totally skipped while NGOs estimate that the scope of this phenomenon might be as huge as 80.000-200.000 abortions per year. The unprofessional way in which the Polish government approaches the topic of family planning resembles its lingering ignorance in the field.

By Wanda Nowicka

POLAND: 4th Equality March for the rights of sexual minorities took place. The March of Equality brought together around 300 supporters. It took place in western Poland in the 5th biggest city-Poznan. Demonstrators were protected by 400 policemen but this year there were just a few counter-demonstrators (mostly football hooligans). The March was peaceful: people were carrying banners and rainbow flags. Several politicians from green and leftist parties took part in the March. There were observers from Amnesty International (Berlin). Bill Schiler from ILGCN (Sweden) awarded organizers of the March with "Grizzly Bear Award" - "for pioneering efforts for homo culture and solidarity in the face of exceptionally ferocious homophobia". The March took place just after one day when the new conservative-liberal Civic Platform (PO) government was appointed with the new Prime Minister, Donald Tusk. The March is a part of "The Equality and Tolerance Days" and each year it takes place around November 16th - The UNESCO International Day of Tolerance.

Source: Campaign Against Homophobia

POLAND: Newly - elected Polish Parliament pressed for recognizing the rights of sexual minorities. LGBTQI rights activists in Poland are calling upon just appointed prime minister, Donald Tusk, to recognize their postulates, in particular: legislation of civil unions, introduction of scientifically-based and comprehensive sexuality education into school curriculum and finally banning of the discrimination based on sexual orientation which is now nonexistent in the Polish law. The winning party of the last election - right-wing Civic Platform (PO) - is more liberal than the previously ruling Law and Justice but neither has consistent views on sexual and reproductive right, nor is particularly proactive in this field. Its MPs have different perspectives on the issue and the new Parliament is neither supporter nor fierce opponent of LGBTQI rights. Its just ignorant which leaves loads to do and advocate for for civil society organizations.

More information is available at:pinknews

ROMANIA: President of the country concerned about declining birth rate. Romanian president, Traian Basescu, announced that the country urgently needs to review its demographic policy to address the situation of its shrinking population. States authorities believe that the decrease in birth rate will evidently burden the working population of the country-an argument that is widely used in politics. Since the end of the era of Nicolae Ceausescu, a dictator who attempted to boost the fertility rate by banning access to family planning, the population of Romania has dropped by one million (from 23 to 22 million). Basescu is concerned about the declining demographic trend and some experts estimate that in 2050, the number of elderly people will be 50 percent higher than the number of working population. Now the average age of the country's population amounts to 40 and it is predicted to increase by 5 points in the middle of the century. What is interesting in the Romanian case is that birth rate has most steeply fallen in the rural areas, where almost half of the Romanian population lives. The president claims that the best solution for addressing this issue is to improve childcare facilities, which are especially poor in contemporary Romania. Public creches and kindergartens are literally overcrowded and families are not adequately supported. Basescu believes that this factor is especially discouraging for young women who could have babies.

CCMC PUSH Journal 18/09/2007

SLOVAKIA: Landmark decision of the Constitutional Tribunal. On December 4, 2007, the Constitutional Court of the Slovak Republic confirmed that the Slovak Act on Artificial Interruption of Pregnancy (Abortion Act), which allows abortion on request during first 12 weeks of pregnancy, is in compliance with the Slovak Constitution, particularly Art. 15 (the right to life provision). The decision was the result of a legal challenge brought by conservative members of Parliament who argued, in part, that the permissive Abortion Act violates 'the right to life'௦ fetuses, which should be protected by Art. 15 of the Constitution from the moment of conception. The Court has decided that the Act is in compliance with the Slovak Constitution. Although the Court has confirmed the constitutionality of abortions on request without a need to specify any reason up to 12 weeks of pregnancy, there is one part of the decision which has created some confusion. The Court decided that a provision of a regulation of the Ministry of Health adopted in order to implement the Abortion Act, which allows abortion on genetic grounds up to 24 weeks of pregnancy, has now been declared unconstitutional. According to the Court, while genetic reasons are a legitimate ground for a pregnancy termination, the time limit should be placed in the Act and not in the regulation. It is likely that the Abortion Act will need to be amended in order to specify the time limit for abortion due to genetic reasons in the Act, and thus to avoid any legal uncertainty which may arise as a result of lack of clear legal regulation of the time limit for abortions on genetic grounds. It is hoped that this amendment will go smoothly through the Slovak Parliament. For more information contact:Adriana Lamackova, Olga Pietruchova

Source: Pro Choice Slovakia, Bratislava

SPAIN: Police raids abortion clinics. On 27th of November, Spanish police proceeded a broad action against gynecologists who were suspected of performing illegal terminations of pregnancy. Voluntary abortion is criminalized in Spain. Women can only undergo termination when the pregnancy threatens their health (including psychological well-being) or life, when the fetus is severely damaged or when the pregnancy is a result of a criminal offence. Media report that at least four clinics have been raided and two doctors arrested for further interrogations. The prosecutors office is believed to be especially concerned about one of the gynecologists clinics located in Barcelona that has been notorious after the Danish television broadcasted a programme about it. The picture it depicted indicated that the clinic known as Emece performs very late abortions and has clients from all over Europe going there especially for that reason. Some say that in the clinic, termination was made available even until the 7th month of pregnancy. The accused doctors can be sentenced to up to three years of imprisonment and it needs to be highlighted that the Spanish law criminalizes women as well-for undergoing abortion one can be sentenced for one year in jail. Spanish Ministry of Health estimates that in the country 97 percent of terminations are carried out in private facilities. Illegal abortion costs approximately EUR 3000-6000.

Source: Gazeta wyborcza Daily 28/11/2007

SWEDEN: Amendment of the law allows women of foreign nationalities to undergo abortion in the country. This is a great achievement on the equality front and many pro-choice groups, including the Swedish Association for Sexuality Education (RFSU) have been advocating for this for years. The liberalized law enters into force in January 2008. Women from countries with restrictive anti-abortion legislation will have a chance for legal and safe abortion services in Sweden. However, it cannot be forgotten that economic factors might be create barriers for women from socially discouraged groups, so those women who are mostly affected by the anti-abortion laws. Foreign women seeking abortion outside their countries will have to cover all the costs of the service, that is around EUR 1000. Therefore, RFSU believes that the Swedish government must continue to put pressure on other governments in order to ensure that all women can access safe and legal abortions in their own countries and implement international agreements on women's sexual and reproductive health and rights. It is also interesting to realize that the amendment of the law in Sweden is a nice gesture for Polish women who can't access voluntary abortion in their home country. In the 1960s and 70s when abortion was criminalized in Sweden, Poland used to be the primary destination of abortion tourism for Swedish women. Nowadays, it seems that the situation has reversed.

Source: Gazeta Wyborcza Daily, 15/11/2007

GLOBAL UPDATES

Cut AIDS, Cut VAT on condoms! - Initiative of the Socialist Group (PSE) in the European Parliament. On 8th of November, the PSE launched an online petition to mobilize support of the civil society to reduce VAT on condoms as a mean of fighting HIV/AIDS. This initiative is linked to the World AIDS Day celebrated on 1st of December and PSE recognize and alarms that HIV/AIDS is not a problem only of Africa. In fact, the pandemic is spreading constantly in Europe, especially in the neighbouring countries of the EU. Also in western Europe the number of new cases has been rising since 2002 and an estimated 760,000 EU citizens now live with HIV. The group calls upon the member states of the European Union to undertake actions to cut VAT on condoms in their home countries. The VAT rates differ from country to country. It is the highest in Sweden and Denmark-amounting 25 percent-and the minimal rate is 5 percent, as it is in the Great Britain. In fact, 5 percent is the only requirement under the EU law and that is what PSE is asking for the national decision-makers. To support this initiative, please sign up a petition at: Petition

Vatican: Pope speaks against the morning-after pill. At the 25th International Congress of Catholic Pharmacists, Pope Benedict XVI again expressed his very conservative and strict position on dispensing certain drugs which as he believes have moral aspects, particularly emergency birth control. Benedict urged dispensing pharmacist to refuse to provide morning after pills by referring to conscientious objection. It has been stressed that rejection of providing some drugs due to religious or moral objection is a right that needs to be advocated for. Furthermore, the Pope stated that pharmacists should raise awareness among their clients and patients on immoral purposes of certain medicines. He equalized the usage of emergency contraception with undergoing abortion and linked it to the alleged right to life from the moment of conception-argument which is often used in the anti-choice discourse. More progressive circles, including Catholics for Free Choice (CFFC) highlight that morning after pill actually prevents abortion. Pope goes even further by assuming that Vatican should interfere with identifying which drugs are ethical and which are not. The Catholic church has its own perspective on what has a therapeutic role and what kind of medicines are simply promiscuous. This can have a very negative impact on the accessibility of some drugs for clients. In some US states and European countries, dispensing pharmacist have a right to (over)use conscientious objection to refuse to realize valid prescriptions. The problem is that there are no effective mechanisms at place ensuring that the client can get needed drug at the different place in timely manner. So the privilege of one group violates the rights of others. This should be realized as well. To read more on the issue go to: Read more

Council of Europe announces establishment of new independent body to monitor trafficking in Europe. In 2008, a new platform of experts will be formally set up - the Group of Experts on Action Against Trafficking in Human Beings (GRETA) consisting of at least 10 independent individuals. The main objective of this working group will be to monitor the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings in the countries that have ratified it (Albania, Austria, Bulgaria, Croatia, Cyprus, Denmark, Georgia, Moldova, Romania and Slovakia). Experts will be appointed for a four-year term taking into account gender and geographic balance. The creation of this body has been discussed with civil society (including respected LaStrada International) and other actors active in the field of combating trafficking during the special conference in Strasbourg that took place on 8-9 November 2007. The experience of other Council of Europe monitoring bodies such as the European Commission against Racism and Intolerance (ECRI), the Committee on the Framework Convention for the Protection of National Minorities and the Committee for the Prevention of Torture (CPT)-serving here as prototypes-has been also reviewed. The Convention on Action against Trafficking in Human Beings enters into force in February 2008 and can be accessed at: Convention

16 Days of Activism Against Gender Violence. This international annual initiative firstly launched in 1991 lasts from 25th of November, which is the International Day Against Violence Against Women till the International Day of Human Rights that is celebrated on 10th of December. This year's theme is Demanding Implementation, Challenging Obstacles: End Violence Against Women! Key advocacy focuses include: demanding and securing adequate funding for work against violence against women (VAW); calling for greater accountability and political commitment from states to prevent and punish all forms of VAW in practice, not just in words; increasing awareness of the impact of VAW, including engaging in measures to end it by men and boys; evaluating the impact and effectiveness of work to prevent violence against women; and securing the space for advocacy and defending the defenders of women's human rights in their work to end gender based violence. More information is available at: 16 Days

European Parliament issues resolution on equality between women and men in the European Union. The resolution is linked and supportive to the Roadmap for equality between women and men 2006-2010 that has been developed by the European Commission. It highlights the link between the demographic situation in Europe, the way it is perceived and approached and the issue of gender equality. The European parliament is also concerned about the lack of any improvements in the recent years as regards pay gap and sustaining discrimination on the labour market. The resolution urges the European Commission to develop a series of specific measures including awareness raising campaigns to further promote gender equality. There is also a huge emphasis put on the importance of facilitating the reconciliation of professional and family life. Resolution highlights globalization and needs of socially excluded women. No reference to sexual and reproductive rights are made. The full text of the resolution is available at: Resolution

ARGENTINA: The case of denied access to abortion will be examined by the UNHRC. The UN HR Committee has declared admissible the case of a young woman who was denied access to abortion procedures in Argentina. The case was submitted by CLADEM, Catholics for a Free Choice-Cordoba and INSGENAR last May. It involves a woman who is mentally disabled, poor, and was raped by her uncle and became pregnant as a result. Even though the Argentinean law allows abortion in cases when a mentally disabled woman has been raped (Article 86.2, Penal Code) and woman's mother acted quickly and demanded the abortion, hospital authorities and different Court officers delayed and denied the procedures while her pregnancy continue progressing. Finally, the Campaign for Safe, Free and Legal Abortion provided support for a woman to have the procedure done by a private practitioner. The admissibility of the complain is a great success for the national women's movement and for the Campaign in particular, and it deserves more international attention to the amazing work that the Campaign is doing. For more information please get in touch with Marta Alanis, Susana Chiarotti and/or Cristina Zurutuza.

By Alejandra Sarda;

publications

SexPolitics: Reports from Front Lines is the outcome of a project launched by Sexuality Policy Watch (SPW) in 2004: a transnational, cross-cultural research initiative that is hoped to capture some dynamics of sexual politics in our time. Research was performed in eight countries - Brazil, Egypt, India, Peru, Poland, South Africa, Turkey, and Vietnam - and in relation to two global institution, the United Nations and the World Bank. The case studies reflect great differences in theme and emphasis, some focusing more on HIV/AIDS, some on reproductive health, some on issues of gender and sexual identity. Yet common threads have clearly emerged from the research outcomes. Firstly, local and the global sexual politics dynamics are always intertwined. Secondly sexual politics are always on some level about power and, everywhere, attempts to destabilize traditional gender and sexual relations will threaten established political, religious and familial hierarchies. Last but not least the cases reveal that both research and political activism is needed to furthering an agenda of change that brings together social justice and erotic justice. It is available online at: SexPolitics

2007 AIDS Epidemic Update: Annual report of UNAIDS and Word Health Organization (WHO) released. Although AIDS remains a leading cause of death worldwide and a major cause of death in Africa, new data show that the number of new HIV infections has fallen this year. Furthermore, the report states that the number of people living with HIV/AIDS has leveled off as well. However, this positive news should not allow us to rest. The pandemic demands constant highest international attention and we are far away from fighting it at the moment although as data indicates some programmes proved to be effective. The statistics are still alarming. UNAIDS and WHO evaluates that in 2007, there is 33,2 million people living with HIV/AIDS. 2,5 million individuals were newly infected but the real number of new cases that were not reported might be almost two times bigger, reaching over 4 million. It is estimated that there were at least 2,1 million of AIDS ֠related deaths. Africa remains the most severely affected region in the world although rates of new infection have been dropping for the last six years. The most alarming situation is in Eastern Europe and Central Asia, where the number of people living with HIV/AIDS has increased by 150 percent. Nearly 90% of newly reported HIV diagnoses in this region occurred in two countries, the Russian Federation (66%) and Ukraine (21%), but newly reported HIV diagnoses are rising in other countries, including Uzbekistan, which now has the largest epidemic in Central Asia. The full version of the report can be downloaded from: Unaids

International Women's Health Coalition issues a series of briefs on Young Adolescents' Sexual and Reproductive Health and Rights. The Young Adolescents issue briefs discuss young people's sexual and reproductive knowledge and behaviors and argues for more responsive policies and programs. While this age group makes up 9 percent of the world's population and as much as 15 percent in some low- and middle-income countries, programs and policies are typically designed for older age groups, leaving a significant gap between the information and services they have and what they actually need. By underscoring this reality, these issue briefs aim to inform policymaking and programming for a healthy and empowered new generation. The series is available at: YoungAdolescents

UN Report on Critical Link Between Hunger, Health, & HIV/AIDS. United Nations World Food Programme (WFP) calls for greater recognition of the link between HIV/AIDS and hunger, particularly that hunger is one of the most urgent and insatiable needs of people living with HIV/AIDS (PLWHA) worldwide. WFP's World Hunger Series 2007-Hunger and Health pinpoints that the focus on ensuring global access to anti-retroviral treatment will not be sufficient if the fact that the majority of PLWHA lack access to food and drinking water remains overlooked and by these means not adequately addressed. Furthermore, anti-retrorvirals are the most effective if administered to well nourished individuals who carry the virus. The World Hunger Series can be purchased at: Earthscan

links

World AIDS Day 2007 - December 1, 2007. The theme of this World AIDS Day 2007 is Leadership. Messages of most influential and prominent actors as well as policy makers such as Peter Piot, UNAIDS Executive Director are available at: Unaids

Know Your Rights 2008! On 10 December 2007 the United Nations will launch a yearlong campaign to mark the 60th anniversary of the Universal Declaration of Human Rights. The main focus of the European campaign is a new website through which citizens are invited to join the campaign by sending us projects and initiatives to mark the year. KnowYourRights

History of birth control. We strongly recommend this interesting and educative website, where you can learn the history of contraception in the nice and enjoyable way.Birth control

New Millennium Development Goals (MDGs) Monitor Website. On 1st of November, a new MDG Monitor website was launched by the UN along with Google and Cisco. It is designed as a tool for policymakers, development practitioners, journalists, students and others to: track the progress through interactive maps and country-specific profiles; learn about countries' challenges and achievements and get the latest news, as well as support organizations working on the MDGs around the world. There is also an option to subscribe to newsfeeds. You can check it out at: MGD Monitor

Grant opportunities for Balkan countries. The German Marshall Fund of the United States. We encourage you to check up the website of this donor at: The German Marshall Fund

EU funding: Structural support for European public policy research organizations and for civil society organizations at European level 2008-2009. All the information you need to apply is to be found at: EU funding