CYIL 2015

REPRODUCTIVE RIGHTS AND HUMAN DIGNITY

3. Interconnection between reproductive rights and human dignity As previously stated, human dignity is a central part of human rights adjudication. For this reason, we will examine reproductive rights from the perspective of their placement in the system of human rights protection, which will prepare us for their positioning in the concept of human dignity. From the enumeration of reproductive rights (or reproductive health care broadly) we could see it is a set of rights of different quality and character which can be attached to different basic civil or economic rights (from the right to life, through the prohibition of torture, the right to family life and private life, to the right to the highest standard of health). In this regard Dillard speaks about “the narrow procreative right, which is negative or “first generation” right”. 44 These rights (such as the prohibition of forced sterilization, forced abortion or forced pregnancy) are attached to the most core civil human rights. Those rights, as they are directly linked to core human rights, make up part of customary international law as well. 45 On the other hand, there are rights of a social and economic character 46 (the right to information about family planning, the right to reproductive education etc.) where the standard of protection may vary according to State economic, social and political development. In the protection of both categories of reproductive rights classical theory on negative and positive obligations of State may be applied. In order to analyse in depth the relation between reproductive rights and human dignity, one precise point should be made. The concept of human dignity is applicable and is revived with regard to reproductive rights especially in the case of procreation. There is a quintessential element to which human dignity is attached in this matter. However, even, for example, in the case of reproductive health education, one can discern a “right” to be educated in a “human” way in matters of human sexuality and reproduction. 47 For the purposes of this article, attention will be focused especially on the procreative aspect of reproductive rights.

44 DILLARD, J.Carter. Rethinking the Procreative Right. Yale Human Rights and Development Law Journal, Vol. 10, 2007 10 Yale Hum. Rts. & Dev. L.J. 1 , 2007, p. 14. 45 These rights, as previously stated, are protected as a by-pass through norms of international criminal law as well. 46 Rights of the second generation. 47 There might be, of course, a big debate on who is responsible for this education in the first place – members of the family, or the State. And if the latter, what should be the content of the education? When, at first sight, this relates a little to the human dignity concept, the content of reproductive education relates very much to human dignity, so even the right to reproductive health education is directly concerned with human dignity.

245