Reproductive Rights: A Critical Study of International Human Rights Documents

Document Type : Research/Original/Regular

Author

Mohaddeseh Moeinifar (Ph.D.) Theology and Islamic thought (Islamic jurisprudence and fundamentals of Islamic law) Faculty of Islamic Sciences and Researches Imam Khomeini International University (IKIU) Qazvin Iran

10.22051/jwfs.2024.43426.2970

Abstract

Human procreation and its various features are among the most important topics worldwide. One of the areas of this analysis deals with international human rights documents because these documents show international trends in reproductive rights.
Therefore, this paper aims to prepare a venue to understand the definition, nature or entity, scope and content, right - holder and duty bearer, and the obligations of duty-bearers regarding others’ reproductive rights in international human rights organizations.
The findings indicated there is no specific and agreed definition of reproductive rights in these human rights documents. The theories (Hohfeld’s theory about a right, the Will - Choice Theory, and the Benefit - Interest Theory) cannot justify the nature of reproductive rights well. There are many epistemological challenges regarding the content and the scope of these reproductive rights and related states’ obligations in those treaties, which made the realization of these reproductive rights difficult or even impossible.

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Articles in Press, Accepted Manuscript
Available Online from 21 May 2024