The inclusion of unprecedented language making "sexual and reproductive health services" a human right garnered the widespread support of governments participating in a United Nations session that is drafting a treaty to protect and promote the rights of persons with disabilities. Such language has never appeared in a treaty which is binding on all signatories.
The passage comes under article 21 of the draft, "Right to health and rehabilitation." It requires nations to "[p]rovide persons with disabilities with the same range and standard of health and rehabilitation services as provided other citizens, including sexual and reproductive health services." In UN parlance, sexual and reproductive services means abortion.
By placing sexual and reproductive services in the context of rights guaranteed to all citizens, the document could be used to enshrine abortion rights into international law. Pro-abortion activists in signatory countries that restrict abortion may challenge those laws by citing the convention.
Pro-life and pro-family NGOs are increasingly concerned that no Member States involved in the negotiation have seriously challenged the language. It has the primary support of the European Union whose member nations are all represented by a singly rotating country, currently the United Kingdom. Members of the EU include Ireland, Poland, Malta and Portugal where abortion is against the law or significantly restricted.
The draft also contains language that could be seen to pave the way to legalized euthanasia. It calls on nations to prevent "unwanted medical and related interventions ... from being imposed on persons with disabilities." The text makes illegal all "health ... services," possibly including life-saving nutrition and hydration, carried out without the "free and informed consent" of the person. During the last session that ran from January 24 to February 4, the language was hotly challenged by pro-life NGOs. At the time a spokesman for the National Right to Life Committee addressed the drafting group to ask for the removal of this language, saying the language "would also prevent life saving interventions for persons attempting suicide." Those concerns remain unaddressed.
The discussions are part of a series of two-week drafting sessions. Organizers now believe that there will be another session this year and a concluding one in Rome in 2006.
CWN - Catholic World News (15. august 2005)