CENTRAL AND EASTERN EUROPEAN WOMEN’S NET WORK FOR SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS CEE Bulletin on Sexual and Reproductive Rights No 06 (74) 2009 Table of contents: • Burning Issue • Regional Updates • Global Updates • Upcoming Events • Publications • Call For Applications BURNING ISSUE Special Rapporteur on the Right to Health in Poland. Anand Grover, the Special Rapporteur (SR) on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (the Right to Health) was in Poland from May 4 to May 12. The purpose of his mission was to assess how Poland implements the right to health. The visit was focused on three major issues: sexual and reproductive health rights, HIV and harm reduction, drug dependence treatments and relevant laws, policies and practices, and their impact on the enjoyment of the right to health. To understand all the elements of the problems considered, the SR met representatives of the Ministry of Health and Ministry for Foreign Affairs, health professionals' organizations, representatives of the international organizations, and NGOs. The Federation for Women and Family Planning organized the SR’s meeting with representatives of NGOs dealing with sexual and reproductive health and rights (abortion, in-vitro fertilization, delivery and sexual education), drug users, HIV/AIDS and LGBT. In the press release held after those meetings, Anand Grover listed criminalization of abortion, conscientious objection (impeding legal abortion and even access to contraception and emergency contraception), lack of comprehensive sexuality education, non-State actors’ interference with the access to legal and safe abortions as his main concerns regarding lack of access to sexual and reproductive health services in Poland. Despite the Polish Government's ratification of numerous human rights treaties, access of women to certain reproductive health services, such as contraception, pre-natal testing and abortion, is seriously impeded, he noted. Anand Grover’s full report on this mission will be presented at the 14 th session of the Human Rights Council, to be held in June 2010. This report will outline his analysis of the current situation concerning the enjoyment of the right to health in Poland and will make recommendations to the main actors, including the Government of Poland. Regrettably, this is not the first occasion when Poland’s endeavors in the area of sexual and reproductive rights and anti-discrimination policy are criticized by international body as it has just been put under infringement procedure for non-transposition of EU rules prohibiting gender discrimination in access to and supply of goods and services. The SR’s preliminary conclusions and observations are available here: http://www.unhchr.ch/huricane/huricane.nsf/view01/F1269CA5311CDAF3C12575B50041AEBE? opendocument REGIONAL UPDATES Commission Refers Poland to European Court of Justice on Gender Equality Legislation. Poland was referred to the European Court of Justice (ECJ) for non-transposition of EU rules prohibiting gender discrimination in access to and supply of goods and services (Directive 2004/113/EC). Equal treatment is a fundamental right in the EU and this Directive is crucial to tackling discrimination on the basis of gender. The deadline to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive expired in 21 December 2007. The Commission sent the Polish authorities a Reasoned Opinion – the second stage of infringement proceedings – in June 2008, giving them two months to reply. They informed the Commission that they were in the process of preparing the necessary measures to fully transpose the Directive but have not yet communicated the adoption of these measures. Consequently, the Commission has decided to bring the case to the ECJ. Further information: http://ec.europa.eu/social/main.jsp?catId=420&langId=en Source: NEWW at http://www.neww.org/en/news/news/1,4904,3.html Germany to require three-day wait for abortions. The German parliament has voted to require a three-day waiting period before doctors authorize abortions after the 20th week of pregnancy. The measure includes providing for more consultations and support for families with handicapped children who are considering abortion, the news service Deutsche Welle reported. The law will require women to receive counseling from a doctor about the medical and psychological consequences of abortion performed after the 20th week of pregnancy. Patients living with physically or mentally disabled children will be offered other means of support. In a vote of 612 parliamentarians, 326 delegates voted in favor of the measure, 234 voted against and 52 abstained. The law, set to come into effect in January 2010, will levy a fine of €10,000 for doctors who fail to comply. Abortion in Germany is legal in the first trimester of pregnancy, after the woman has received a certificate showing that she has received "counseling." Abortion is also permitted in certain cases after the first trimester. More: http://germany.angloinfo.com/countries/germany/abortion.asp Proposal to ban abortion after 24 weeks up for debate in Romanian Parliament. Abortion is currently prohibited in Romania after 14 weeks, with an exception granted where the health of the mother is at risk. The proposal up for debate in Parliament would disallow this exception after 24 weeks. The abortion would be criminally punishable for both the mother and the doctor. A new Criminal Code being prepared in Romania proposes to declare fetuses as persons once they have reached 24 weeks gestation, and to ban abortion after that stage of development. Romanian pro- choice organizations say the proposed changes to the law would be disastrous for the health of women, reports Le Courrier des Balkans. In a letter to members of Parliament on May 5, a group of NGOs wrote: Such a law would cause a significant decline of certain fundamental rights such as those to life, health, like the rights not to be subjected to inhuman or demeaning treatment and the right to non-discrimination on grounds of gender . 2 Source: http://www.anasaf.ro/en/index.html More: http://reproductiverights.org/en/press-room/romania-reconsiders-anti-abortion-amendment Attempts to limit access to abortion in Slovakia. Over the past few years there have been numerous attempts to limit access to abortion in Slovakia, including a constitutional court case brought by conservative MPs which sought to recognize that Slovakia's permissive abortion law is in violation of the right to life and a treaty with the Vatican on conscientious objection would have made access to abortion more difficult. The opposition's latest attempts have been to introduce amendments to the abortion law which while not outrightly banning abortion, create significant barriers for women and adolescents accessing abortion. These anti-choice amendments to the abortion law could have serious repercussions on women’s access to abortion. The Center for Reproductive Rights, Slovakia Pro-Choice, Citizen and Democracy together with other Slovak NGOs prepared letter to Slovak government officials and MPs s asking them not to pass the proposed amendments. Proposals of anti-democratic law amendments in Lithuania. Lithuanian government has proposed to amend the law on protection of children and if passed, it will criminalize public information of any kind on homosexuality or bisexuality. International Convention on the Rights of Child rules that States shall respect rights of a child without discrimination of any kind. Child shall have the right to freedom of expression, which includes freedom to receive information of all kinds. It is peculiar that this law which is meant to protect children actually will diminish their rights , said Michael Cashman, President of the European Parliament's Intergroup on Gay and Lesbian Rights grouping Members of European Parliament and their support staff working on lesbian, gay, bisexual, and transgender (LGBT) equal rights issues. For further information visit the Intergroup’s website: http://www.lgbt-ep.eu New Youth Reproductive Health Information Center in Tbilisi. To achieve wider coverage on youth reproductive health and rights EU/UNFPA co-funded project “Reproductive Health Initiative For Youth in the South Caucasus” (RHIYC) opened Youth Reproductive Health Information Center at Ilia Chavhavadze State University and Youth Reproductive Health Medical-Information Center at “Tbilisi Family Medicine Clinic and Training Center” (TFMCTC). The event was dedicated to International Day of Family. Youth Reproductive Health Information center provides youth with quality information and IEC materials on S&RH and rights issues, as well as gives a possibility of free access to internet resources and friendly environment for discussions related to S&R health and rights. Related Link: http://www.messenger.com.ge/issues/1859_may_21_2009/1859_unfra.html National Parliamentary Forum on Youth Reproductive Health and Rights was held in Baku, Azerbaijan. Parliamentarians, key Government stakeholders and partner NGOs actively participated in the Forum to elaborate follow up plans on the EC/UNFPA funded Reproductive Health Initiative for Youth in the South Caucasus (RHIYC) project in Azerbaijan and to formulate strategies for the sustainable improvement of youth SRHR, including discussions on an ambitious draft law on reproductive health proposed by the Parliamentary group and currently in discussions in