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Volume 106, Issue 2, Pages 106-109 (August 2009)


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From reproductive choice to reproductive justice

Rebecca J. Cook, Bernard M. DickensCorresponding Author Informationemail address

published online 12 May 2009.

Abstract 

Since the 1994 Cairo Conference on Population and Development, the human rights movement has embraced the concept of reproductive rights. These are often pursued, however, by means to which objection is taken. Some conservative political and religious forces continue to resist implementation of several means of protecting and advancing reproductive rights. Individuals' rights to grant and to deny consent to medical procedures affecting their reproductive health and confidentiality have been progressively advanced. However, access to contraceptive services, while not necessarily opposed, is unjustifiably obstructed in some settings. Rights to lawful abortion have been considerably liberalized by legislative and judicial decisions, although resistance remains. Courts are increasingly requiring that lawful services be accommodated under transparent conditions of access and of legal protection. The conflict between rights of resort to lawful reproductive health services and to conscientious objection to participation is resolved by legal duties to refer patients to non-objecting providers.

Faculty of Law, Faculty of Medicine and Joint Centre for Bioethics, University of Toronto, Toronto, Canada

Corresponding Author InformationCorresponding author. Tel.: +1 416 978 4849; fax: +1 416 978 7899.

PII: S0020-7292(09)00138-6

doi:10.1016/j.ijgo.2009.03.018


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