Experiences of using Human Rights toExperiences of using Human Rights to

Examine Laws Regulations and Policies inExamine Laws Regulations and Policies in

Adolescent Sexual & Reproductive HealthAdolescent Sexual & Reproductive Health

Kathmandu Nepal – 15th – 18th November 2011

Sri LankaSri Lanka

Tool

• The WHO tool "advancing adolescents' sexual and reproductive health through human rights, strengthening laws, regulations and policies”

• Department of Reproductive Health and Research and Department of Child Adolescent Health and Development in WHO in collaboration with the Human Rights Programme at Harvard University’s School of Public Health.

Objectives of the Assessment

– Review and document the government efforts to supportive legal and policy framework

– Identify legal, policy and regulatory barriers, and make recommendations to overcome these barriers

– Engage health sector, as well as non-health sector, actors to eliminate barriers to adolescents’ sexual and reproductive health; and

– Identify especially vulnerable groups and examine government effort to address their reproductive and sexual health needs.

Methodology• ConcurrenceConcurrence from the Ministry of Health from the Ministry of Health• Appoint the Appoint the National coordinator, working National coordinator, working

groupgroup and and three researchersthree researchers from legal from legal /Reproductive health and child rights /Reproductive health and child rights

• Orientation and Orientation and adaptationadaptation on the tool on the tool• Desk review,Desk review, data compilation and analysis data compilation and analysis • Submission of the draft report to the Submission of the draft report to the

national working groupnational working group

Methodology cont …..• stakeholders meeting to review on stakeholders meeting to review on

findings, conclusions and findings, conclusions and recommendationsrecommendations

• Submission of the final report and Submission of the final report and follow up actionsfollow up actions

• Final report on tool methodology, andFinal report on tool methodology, and

recommendations for improvement of recommendations for improvement of the toolthe tool

Key AreasKey Areas

•Eliminating Unsafe AbortionEliminating Unsafe Abortion

•Family PlanningFamily Planning

•Early ChildbearingEarly Childbearing

•HIV/AIDSHIV/AIDS

•Promoting Sexual HealthPromoting Sexual Health

Findings and recommendations

Favourable Laws and Policies

• Constitution of 1978 legally enforceable fundamental rights were defined in several Articles of Chapter III.

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

• Convention on the Right of the Child (CRC) Both been ratified

Eliminating Unsafe AbortionEliminating Unsafe Abortion

Eliminating Unsafe Abortion…Eliminating Unsafe Abortion…

BarriersBarriers

1)1)The Law in Sri Lanka is very restrictive and does not The Law in Sri Lanka is very restrictive and does not address the reality of a high incidence of illegal address the reality of a high incidence of illegal abortion and the resulting adverse health abortion and the resulting adverse health consequencesconsequences

RecommendationRecommendation

To advocate for a change of the law as a public To advocate for a change of the law as a public health issue highlighting as an initial step , for legal health issue highlighting as an initial step , for legal termination for specified grounds such as rape, termination for specified grounds such as rape, incest and severe congenital abnormalities..incest and severe congenital abnormalities..

BarriersBarriers

    There is a lack of awareness among the public There is a lack of awareness among the public especially the religious lobbies of magnitude of especially the religious lobbies of magnitude of the health consequences of unsafe abortion. the health consequences of unsafe abortion.

RecommendationRecommendation

Source: (109,126)

Conduct public meeting campaigns on health as Conduct public meeting campaigns on health as consequences of abortion so as to undermine consequences of abortion so as to undermine religious lobbies that oppose changes to laws and religious lobbies that oppose changes to laws and policies and create a supportive environment for policies and create a supportive environment for reforms.reforms.( MoH/ Professional medical associations/ ( MoH/ Professional medical associations/ Women’s groups/SLFPA)Women’s groups/SLFPA)

Eliminating Unsafe Abortion…Eliminating Unsafe Abortion…

BarriersBarriers1)1) The current law criminalizes the conduct of the The current law criminalizes the conduct of the

woman who seeks or permits an abortion that is woman who seeks or permits an abortion that is not considered legal, and places the not considered legal, and places the responsibility of reporting illegal abortion with responsibility of reporting illegal abortion with the medical professionalthe medical professional

RecommendationRecommendation

• General Comment No 28 of the Human Rights General Comment No 28 of the Human Rights Committee (2000). It interprets the right to equality in Art Committee (2000). It interprets the right to equality in Art 2 & 3 of ICCPR, and specifically refers to the issue of 2 & 3 of ICCPR, and specifically refers to the issue of reporting cases of abortion as an invasion of the reporting cases of abortion as an invasion of the woman’s equal right to privacy. woman’s equal right to privacy.

• Changes to the law should be accompanied by a review Changes to the law should be accompanied by a review of the health regulations and policies to incorporate the of the health regulations and policies to incorporate the concept of a right of privacy. This will help to relieve the concept of a right of privacy. This will help to relieve the responsibility of the medical officers from reporting every responsibility of the medical officers from reporting every possible possible abortion. abortion.

• Recc: MoH/ Ministry of JusticeRecc: MoH/ Ministry of Justice

Way Forward

• Report to be presented to the MOH and Judicial sector for implementation of the recommendations.

• Policy brief to be produced for wider advocacy.