English - CEDAW Southeast Asia

CEDAW and the Law:
of CEDAW that provides that women have the same rights to decide freely and responsibly on
the number and spacing of their children, which is also reaffirmed in a number of international
documents. Although in some instances legal provisions are couched in language of
incentives, incentives penalize those who do not conform to the set family size. From this
perspective, they do not enjoy the right guaranteed because a penalty is imposed for its
exercise.
Also, moral and material incentives that are provided to health-care providers for each
abortion, IUD insertion or sterilization should be abolished to enable independent counselling
on the appropriate method of contraception based on the needs of the patient. Monitoring also
needs to be in place on how State incentives favoring those who undergo sterilization or IUD
insertion, or conform to family size policies, can discriminate against women or couples who
have not undergone specific contraceptive procedures, or have gone beyond the set family
size of one or two children. Revision of these policies is necessary to ensure that the exercise
of the right to decide on the number and spacing of children is enjoyed without prior restraint
or subsequent penalty or sanction.
Regulation on the use of emergency contraception or postcoital hormonal contraception
used by women within a few days following unprotected sex to prevent a pregnancy must also
be in place, especially its immediate access by victims of rape or forced sexual intercourse. In
this case, emergency contraception should be available free-of-charge in government health
institutions. It should be compulsory for State institutions where women are likely to report the
crime to inform the woman of her right to emergency contraception and to make the necessary
referral to the appropriate health-care institution. Adequate information and counselling should
be provided by the health-care provider and the informed consent of the victim must be
obtained prior to providing emergency contraception.
A concrete guarantee of non-discrimination in access to family planning services,
especially access to contraceptives, must also be provided, especially on account of
nationality, ethnicity, and economic and social status, in addition to non-discrimination on the
basis of gender. This will ensure equal access by disadvantaged group of women, such as
ethnic minority women, poor women, rural women.
Lastly, unmarried women should also be targeted as beneficiaries of family planning
services without discrimination on account of their status as unmarried. An explicit provision
on this must be in all legal documents on population and family planning to ensure that they
are not discriminated against and to ensure awareness by implementers of the need for
inclusion of these women in their work.
320
Recommendation: In the light of the above, the following recommendations are
made in relation information and education on population and family planning: (a) a
more detailed guideline be provided to ensure that appropriate education on the issues
is provided. In relation to gender equality, for example, it should specify that contents
should include practical information, in addition to basic concepts, such as: (i) raising
awareness on equal rights and responsibilities of men and women in deciding the
number and spacing of children; (ii) eradication or revision of discriminatory cultural
practices impinging on women’s rights, including the right to reproductive and sexual
health; (iii) special needs and care required to ensure safe motherhood; (iv) sociocultural
and other obstacles obstructing access to family planning services, including
contraception; (v) early and unwanted pregnancies; and (vi) early sexual activity; (b)
Review of key legal documents and compliance with CEDAW