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UNFPA GLOBAL POPULATION POLICY UPDATE
Issue 5 - JUNE 23 2003
Here is the latest global update on the creation of an enabling environment
for ICPD implementation at the national level. This issue includes laws and
policies recently enacted in Benin, India, Mauritius, Peru and South Africa,
which relate to various sexual and reproductive health/rights and gender
issues.
On 24 January 2003, Benin's National Assembly adopted Law No. 2003-04
on Reproductive and Sexual Health, which states at the outset that all men
and women have the rights to the family planning method of their choice;
that they are entitled to methods that are safe, effective, affordable and
acceptable; and that women are guaranteed health care during pregnancy and
childbirth aimed at preserving the health of the pregnant woman and the newborn.
The law further guarantees universal enjoyment of a number of basic reproductive
rights, including those to: equality of men and women in matters of reproductive
health; reproductive self-determination; free choice in matters of marriage;
access to information and education relating to reproductive and sexual health
care; access to health services that are of the best possible quality; non-discrimination
in access to health care; confidentiality; and security of the person. Responsibility
for implementation of these rights lies with the state, local authorities
and private individuals through their representatives. Couples and individuals
are called upon to promote familial harmony and care for all members of their
families, including children and the elderly. Other provisions of the law
deal with the administration of reproductive health services, including the
creation of primary care and reproductive health services and separate services
for adolescent reproductive health care.
The law addresses several reproductive health matters with greater specificity.
It states that the full range of legal methods of contraception shall be
available upon medical consultation and affirms the right of individuals
to decide on the number and spacing of their children and to have the information
and means to do so. The law also affirms the legality of manufacturing, importing,
selling and publicizing contraceptive methods and states that these activities
shall be regulated by decree. The law further declares that abortion shall
be legal when a pregnant woman's life and health is in danger, in cases of
rape and incest and in cases of fetal impairment. The law pledges special
care to those who have a sexually transmissible disease, particularly those
living with HIV/AIDS, guaranteeing their right to non-discrimination. Persons
who declare that they are affected by HIV/AIDS shall benefit from psychological
support, counseling and other services and receive special medical care.
Lastly, the law criminalizes the following acts: all forms of sexual violence
targeting women and children; female genital cutting and pedophilia; intentional
transmission of HIV/AIDS; sexual exploitation and forced prostitution; and
forced marriage.
On 18 December 2002, India enacted the Medical Termination of Pregnancy
(Amendment) Act, amending the Medical Termination of Pregnancy Act
of 1971 to achieve two goals: 1) elimination of the performance of abortions
by untrained persons and in unhygienic conditions, thus reducing maternal
morbidity and mortality; and 2) implementation of suggestions of the National
Commission for Women based on experience gained in the implementation of
the 1971 Act. Accordingly, the Act increases penalties imposed on clinics
performing abortions that are not authorized to do so and on persons performing
abortions who are not registered practitioners with requisite experience
or training. It also delegates powers to local governments to approve facilities
to perform abortions in order to ensure that abortion services are more widely
available throughout the country in medically safe conditions.
On 10 December 2002, Mauritius enacted the Sex Discrimination Act 2002,
with the primary objective of giving effect to provisions of the Convention
on the Elimination of All Forms of Discrimination against Women. The Act
prohibits: 1) discrimination against persons on the grounds of sex, marital
status and pregnancy, including potential pregnancy, in employment, profession,
education, the provision of goods, services and facilities, accommodation,
disposal of property, sport, associations and clubs; 2) discrimination resulting
in the dismissal of employees on the ground of family responsibilities; 3)
all forms of sexual harassment in the workplace, educational institutions
and in other areas of public activity; 4) the expulsion of pregnant students
from school; 5) discrimination in advertising; and 6) the victimization of
persons who make complaints of discrimination. The Act establishes a Sex
Discrimination Division attached to the National Human Rights Commission,
with power to receive complaints regarding alleged infringements of the Act
and to make enquiries and determinations. It also allows special measures
to be adopted to achieve equality. Persons who violate provisions of the
Act are subject to various penalties.
http://mauritiusassembly.gov.mu/bills/2002/bill39.doc
On 26 February 2003, Peru enacted comprehensive legislation to prevent and
punish sexual harassment (Law No. 27942). The Law applies to public
and private employment, educational institutions and military and police
institutions. Acts of sexual harassment are defined to include: promises
of preferential treatment in exchange for sexual favors; threats requiring
behavior that is unwanted and which affects a person's dignity; the use of
sexual terms, sexual insinuations, sexual propositions and obscene gestures
that are offensive, humiliating, intolerable or hostile; sexual touching
or conduct and physical contact that is unwanted and offensive; and hostile
or offensive treatment for rejection of the above acts. Private employers
are required to adopt measures to train workers about sexual harassment and
to remedy any harm caused by such harassment. Employers must ensure that
such harassment ceases or they will be required to pay victims restitution.
Victims are authorized to institute legal proceedings to end harassment.
Public employees, educators, and the military and police who commit acts
of sexual harassment are subject to special administrative penalties, and
victims are entitled to receive restitution. The Law amends a number of other
laws governing various sectors to incorporate provisions to prohibit sexual
harassment.
On 23 May 2003, the South African Department of Labour issued the HIV/AIDS
Technical Assistance Guidelines (the Guidelines), intended to provide employers
and other actors with tools to ensure that people living with HIV/AIDS do
not face discrimination in the workplace. Employers' duty not to discriminate
against people living with HIV/AIDS is affirmed in the Guidelines, as are
the following employer responsibilities: to ensure a non-discriminatory work
environment; to ensure that HIV testing be done in compliance with the law,
with confidentiality assured; to promote a safe work environment and ensure
that employees who become occupationally infected with HIV may apply for
compensation; to ensure the sustained and equitable distribution of employee
benefits; and to protect employees from unfair dismissals and provide for
a fair grievance procedure. The Guidelines also offer direction on how to
manage HIV/AIDS in the workplace by calling for such employer initiatives
as mainstreaming HIV and gender programming, developing institutional mechanisms
for responding to HIV/AIDS, determining the impact of HIV/AIDS in the workplace,
developing an HIV/AIDS policy, and creating a workplace HIV/AIDS-prevention
program.
HIV/AIDS Technical Assistance Guidelines
This newsletter is issued by the United Nations
Population Fund (UNFPA) in its capacity as secretariat for the International
Parliamentarians' Conference on the Implementation of the ICPD Programme
of Action (November 2002, Ottawa, Canada). These dispatches are intended
to highlight important developments taking place around the world so that
parliamentarians can be kept informed of and learn from the successes, setbacks
and challenges encountered by their fellow parliamentarians in other countries
and regions in their efforts to promote the implementation of the Programme
of Action of the International Conference on Population and Development (September
1994, Cairo, Egypt). It should be noted that UNFPA does not necessarily endorse
all of the policies described in this newsletter.
Please send mailing list update information to Dave Parks at parks@unfpa.org. If you have any questions or
comments on the content of this newsletter, please contact Harumi Kodama
at kodama@unfpa.org or Stirling Scruggs at
scruggs@unfpa.org.
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