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Reproductive rights

Legal rights and freedoms relating to reproduction and reproductive health

  • 52 min read
  • 17 chapters

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Through Natural rights and legal rights, Human reproduction and Sexual and reproductive health

Reproductive rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. They also include the right of all to make decisions concerning reproduction free of discrimination, coercion and violence.

Reproductive rights may include some or all of: right to abortion; birth control; freedom from coerced sterilization and contraception; the right to reproduce and start a family, the right to access good-quality reproductive healthcare; the right to give birth where and with whom someone chooses; and the right to family planning in order to make free and informed reproductive choices. Reproductive rights may also include the right to receive education about sexually transmitted infections and other aspects of sexuality, right to menstrual health and protection from practices such as female genital mutilation (FGM). Protections from mistreatment during pregnancy, labor, delivery, and postpartum are also part of the reproductive rights framework, which calls into questions practices like shackling pregnant people in correctional facilities. Reproductive rights are connected to broader social conditions and determinants, reproductive freedom requires not only legal rights but affordable healthcare, safe living environments, as well, as economic stability.

Reproductive rights began to develop as a subset of human rights at the United Nations' 1968 International Conference on Human Rights. The resulting non-binding Proclamation of Tehran was the first international document to recognize one of these rights when it stated that: "Parents have a basic human right to determine freely and responsibly the number and the spacing of their children." Women's sexual, gynecological, and mental health issues were not a priority of the United Nations until its Decade of Women (1975–1985) brought them to the fore. States, though, have been slow in incorporating these rights in internationally legally binding instruments. Thus, while some of these rights have been recognized in hard law, that is, in legally binding international human rights instruments, others have been mentioned only in non binding recommendations and, therefore, have at best the status of soft law in international law, while a further group is yet to be accepted by the international community and remains at the level of advocacy.

Issues related to reproductive rights are some of the most vigorously contested rights' issues worldwide, regardless of the population's socioeconomic level, religion or culture.

The issue of reproductive rights is frequently presented as vitally important in discussions and articles by population concern organizations such as Population Matters.

Reproductive rights are a subset of sexual and reproductive health and rights.

Recent Developments in the United States

New developments in reproductive rights include the Reproductive Rights Task Force established by the U.S. Department of Justice, which aims to protect reproductive rights as enshrined in federal law. The Task Force comprises civil rights leaders, DOJ officials, and other stakeholders to coordinate enforcement and policy guidance.

It is important to note that research funding for women's reproductive health and safety is being cut in the United States, as programs classified under "diversity, equity, and inclusion" saw reductions in 2025.

On 15 January 2025, President Donald Trump signed Executive Order 14182, enforcing the Hyde Amendment and ending federal funding for abortions, thereby limiting reproductive health treatment as recorded in the Federal Register.

In June 2025, Congress enacted the "My Body, My Data" Act to protect online reproductive health data, preventing companies from using apps' personal health information (e.g., period trackers) to deny reproductive care.

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