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SEXUAL HEALTH and REPRODUCTIVE HEALTH RIGHTS in INDIA April 2018

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SEXUAL HEALTH and REPRODUCTIVE HEALTH RIGHTS in INDIA April 2018 Status of human rights in the context of SEXUAL HEALTH AND REPRODUCTIVE HEALTH RIGHTS IN INDIA April 2018 Country assessment undertaken for National Human Rights Commission by: Partners for Law in Development SAMA Resource Group for Women and Health Partners for Law in Development F-18, First Floor Jangpura Extension New Delhi- 110014 Tel.: 011- 24316832/41823764 pldindia.org cedawsouthasia.org SAMA Resource Group for Women and Health B-45, Second Floor Shivalik Main Road Malviya Nagar New Delhi – 110017 Tel: 011-26692730/65637632 samawomenshealth.in FINAL REPORT CONTENTS LIST OF ABBREVIATIONS .................................................................................................................... 5 ACKNOWLEDGEMENTS .................................................................................................................... 11 EXECUTIVE SUMMARY ..................................................................................................................... 13 Sexual health and well-being ........................................................................................................ 13 Reproductive health and rights ..................................................................................................... 15 INTRODUCTION ................................................................................................................................ 17 PART I COUNTRY ASSESSMENT ON HUMAN RIGHTS IN THE CONTEXT OF SEXUAL HEALTH AND WELL-BEING ..................................................................................................................................... 19 CHAPTER 1: INTRODUCTION TO SEXUAL HEALTH AND WELL -BEING ................................................................. 20 Objectives, Scope and Limits of the study ..................................................................................... 20 Methodology ................................................................................................................................. 20 Structure ....................................................................................................................................... 21 CHAPTER 2: SCOPE OF SEXUAL HEALTH AND WELL -BEING .............................................................................. 22 Evolution of the definition of sexual health .................................................................................. 22 Determinants of sexual health ...................................................................................................... 23 Definition of sexual health ............................................................................................................ 24 Intersections of sexual health within human rights and development ......................................... 24 Framework for assessment of sexual health for this study ........................................................... 27 CHAPTER 3: NON -DISCRIMINATION AND EQUALITY IN ACCESS TO SEXUAL HEALTH SERVICES .................................. 28 Introduction .................................................................................................................................. 28 Status of compliance ..................................................................................................................... 29 Transgender persons ................................................................................................................................ 29 Lesbian, Gay and Bisexual persons ........................................................................................................... 32 Adolescents .............................................................................................................................................. 34 Sex Workers ............................................................................................................................................. 35 Persons with disability ............................................................................................................................. 37 Recommendations ........................................................................................................................ 37 CHAPTER 4: INFORMATION , KNOWLEDGE TO ENABLE EXERCISE OF INFORMED CHOICES ........................................ 38 Introduction .................................................................................................................................. 38 Status of compliance ..................................................................................................................... 39 Recommendations ........................................................................................................................ 41 CHAPTER 5: HIV/ AIDS AND STI PREVENTION ............................................................................................ 42 Introduction .................................................................................................................................. 42 Status of compliance ..................................................................................................................... 43 Recommendations ........................................................................................................................ 47 CHAPTER 6: PROTECTION FROM SEXUAL VIOLENCE AND REGULATION OF SEXUAL AUTONOMY ................................ 47 Introduction .................................................................................................................................. 47 Status of compliance ..................................................................................................................... 49 Vulnerable groups .................................................................................................................................... 49 Aspects related to legal protection and redress ...................................................................................... 55 Recommendations ........................................................................................................................ 57 2 FINAL REPORT PART II COUNTRY ASSESSMENT ON HUMAN RIGHTS IN THE CONTEXT OF REPRODUCTIVE HEALTH AND RIGHTS ..................................................................................................................................... 59 CHAPTER 1: INTRODUCTION TO REPRODUCTIVE HEALTH AND RIGHTS ............................................................... 60 Objectives ...................................................................................................................................... 60 Methodology ................................................................................................................................. 60 Desk review .............................................................................................................................................. 61 Data collection ......................................................................................................................................... 61 Structure of report ........................................................................................................................ 61 Limitations .................................................................................................................................... 61 CHAPTER 2: NATURE AND SCOPE OF HUMAN RIGHTS WITH RESPECT TO REPRODUCTIVE HEALTH AND WELL -BEING ........................................................................................................................................................... 62 First formulation of reproductive rights ........................................................................................ 62 Locating reproductive health rights: Acknowledging and embracing different human rights ..... 64 Right to Health ......................................................................................................................................... 65 Right to Life and Liberty ........................................................................................................................... 67 Right to non-discrimination and equality ................................................................................................. 67 Right to Education and Information ......................................................................................................... 70 Right to enjoy benefits of scientific progress ........................................................................................... 71 Right to privacy, and to marriage and family life ..................................................................................... 72 Locating reproductive health rights within the constitutional provisions ..................................... 74 CHAPTER 3: ASSESSMENT OF KEY AREAS OF REPRODUCTIVE HEALTH AND RIGHTS : ISSUES , GAPS AND COMPLIANCE ........................................................................................................................................................... 77 The Public Health Context: Major Challenges ............................................................................... 77 Maternal health ............................................................................................................................ 80 What interventions has the GOI adopted? .............................................................................................
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