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In: Planning for the future of family planning in Turkey. Proceedings, [compiled by] Turkey. Ministry of Health. General Directorate-MCH / FP. Ankara, Turkey, Ministry of Health, General Directorate-MCH / FP, 1992. 13-25.Turkey's Ministry of Health Mother-Child Health and Family Planning Deputy General Director explains that until 1965, Turkey pursued pronatalist population policies. Family planning (FP) work since 1963, however, has improved mother-child health (MCH) services. The 1963 infant mortality rate of 208/1000 fell to 59.3 during the 1990s, while the 1974 maternal mortality rate of 207/100,000 had declined to 134/100,000 by 1981. The Ministry of Health collaborates with all public institutions and organizations, universities, and nongovernmental organizations as required by law #2827. Promulgated in 1983, law #2827 removed all possible barriers to service delivery and application. Innovations of law #2827 are discussed, followed by the presentation and discussion of the following projects implemented with international organization support: a UNFPA project designed to strengthen integrated MCH/FP services in 17 provinces, UNFPA and UNESCO information/education/communication support for MCH/FP programs, the Japan International Cooperation Agency project to promote population activities, AVSC counseling on FP and voluntary surgical contraception, the IPAS expansion of menstrual regulation services, the JHPIEGO standardization of protocol for laboratory and clinical procedures related to common sexually transmitted diseases, the Pathfinder Fund FP training curriculum for midwifery divisions of health colleges project, and other projects being considered or prepared.
In: The population debate: dimensions and perspectives. Papers of the World Population Conference, Bucharest, 1974. Volume II, [compiled by] United Nations. Department of Economic and Social Affairs. New York, New York, United Nations, 1975. 615-24. (Population Studies No. 57; ST/ESA/SER.A/57)Emphasizing the essential role of laws in the population field, the UN Fund for Population Activities (UNFPA) has sponsored a major study of law and population to assess the impact of laws on population trends and to identify inconsistencies between existing legislation and government policy relating to population, with the aim of developing guidelines for the revision and adaptation of legislation supporting population action programs in the countries concerned. This paper 1) defines population law as that body of law (including customary societal law) which "relates directly or indirect to the population growth, distribution and those aspects of well-being affecting, as well as affected by, population size and distribution[,]" and 2) shows how population law can contribute to the solution of the population problem. The awareness of human rights (such as the right to nutrition, health, education, and contraception) and other considerations since World War II has propelled population concerns, and while some debate the legal status of human rights as legally-binding or merely moral responsibilities, the over-emphasis on the formal aspects of human rights treaties confuses the instruments stipulating human rights with the substantive human rights themselves. The proper analysis of the binding force of human rights rests with a review of their non-treaty sources: natural law, customary international law, and general principles of law recognized by civilized countries. The methodology for relating law to world population begins with 1) the compilation of the laws that affect fertility behavior and population in each country, 2) the analysis, and 3) the formulation of recommendations. Lawyers can render invaluable services in the population field by using and co-ordinating all branches of the law in this area and should become more actively involved.
Guidelines on improving delivery and evaluation of population and family planning programmes in African countries.
Addis Ababa, Ethiopia, United Nations Economic Commission for Africa, 1991 Dec. vi, 82 p. (ECA/POP/TP/91/2 [1.2(ii)])In December, 1991, the UN Economic Commission for Africa (UNECA) released guidelines geared toward professionals involved in population and family planning programs in Africa. By this time, many African countries had adopted such programs either for health and human rights reasons or to influence demographic trends. Yet several countries still had laws against family planning from the colonial days. UNECA stressed that programs should be central to socioeconomic development planning, since changes in population affect socioeconomic development and vice versa. It also emphasized the importance of planning and formulation of programs and policies. This included political commitment and leadership; involvement of women, men, youth, and communities; consideration of resource allocation, institutional arrangements, and infrastructure; and wide discussion of policies and programs at all levels including the grass roots levels. UNECA pointed out the need for policy makers and program managers to clearly state objectives and that the objectives be tied with socioeconomic development and improvement of the welfare of the people. It encouraged population and family planning professionals to give consideration to the delivery and evaluation of programs. For example, they should incorporated information, education, and communication efforts designed to improve attitudes and encourage quality services into these programs. Leaders should strive to reform legislation which acts against population and family planning programs. UNECA also stressed the need to integrate evaluation activities into these programs. The guidelines ended with experiences on implementation of programs from Botswana, Ghana, Kenya, Mauritius, Tunisia, Zimbabwe, China, and Thailand.
[The United Nations Convention on the Elimination of All Forms of Discrimination Against Women] La Convention des Nations Unies sur l'Elimination de Toutes les Formes de Discrimination a l'Egard des Femmes
[Unpublished] 1990 Jun. Paper presented at the 5th Annual International Women's Rights Action Watch (IWRAW) Conference: A Decade of the Women's Convention: Where are we? What's next?, Roosevelt Hotel, New York City, Jan. 20-22, 1990. 9 p.The United Nations Convention on the Elimination of All Forms of Discrimination Against Women is a necessary document because in spite of all the Conventions and Laws passed since 1945 at the United Nations establishing equality between men and women, women continue to suffer from discrimination. The notion of gender equality predates the UN; in the 19th century such discussions became the basis of the Declaration of Human Rights. The Women's Convention is a judicial instrument that incorporates all previous research and outcomes regarding discrimination towards women. This paper discusses the contents of Articles 2, 6, and 11. Article 2 demands the abolition of those laws, traditions and practices that discriminate against women, and recommends the creation of a judicial system to protect the equality between men and women. Article 6 discusses the role of men and women in marriage and the family. The paper concludes that at all levels, political, economic and social, society is far from practicing the notion of gender equality. Article 11 invites all governments and non-governmental organizations to implement the principles of the Convention. The paper traces the history of political discussions regarding implementation of the Convention and concludes sadly that only a small number of countries have ratified it after 10 years of its adoption at the United Nations.
[Unpublished] 1990 Jun. Paper presented at the 5th Annual International Women's Rights Action Watch (IWRAW) Conference: A Decade of the Women's Convention: Where are we? What's next?, Roosevelt Hotel, New York City, Jan. 20-22, 1990. 13 p.Egypt was one of the 1st countries to ratify and sign the Convention on the Elimination of All forms of Discrimination against Women. Women represent about 50% of the population of Egypt. The 1956 Egyptian convention gave women full political rights. It said that "all citizens are equal before the law in public rights and obligations." In 1952, 2 women were elected to the Egyptian parliament for the 1st time. In 1959, women workers gained many advantages. The 1975 social insurance law gives women many benefits. Women who work evening shifts are to be given, by law, adequate security and care. In 1979, 30 seats in Parliament were designated for women. In the last 20 years, women in employment have increased 800%. Egyptian women occupy many government posts. Egypt joined 4 important International Labor Organization conventions about women's work. Islam helped emancipate women. Islamic law lets women have ownership. Egyptian education is free for boys and girls. Human rights should be included in Egyptian school curricula. However, discrimination against women does have problems. The illiteracy rate is high, the childbirth rate, also. Prevailing customs and habits are hard to break. Women tend not to face their problems. Women make up 35% of the social workers. Many projects exist funded by different international agencies. Development in many fields in rural and urban areas is encouraged. Adult education projects and literacy projects have been started, as have centers for child day care. Vocational training centers help girls and women in cottage industries. New technologies are being introduced and various projects have been done in rural areas.
[Unpublished] 1990 Jun. Paper presented at the 5th Annual International Women's Rights Action Watch (IWRAW) Conference: A Decade of the Women's Convention: Where are we? What's next?, Roosevelt Hotel, New York City, Jan. 20-22, 1990. 5 p.The acceptance and guarantee of a person's basic human right to decide freely and responsibly the number and spacing of one's children still remains an on-going challenge in legal and social institutions. Government's organized opposition to women's freedom in reproductive health care are illustrated in this paper by examples drawn from Romania, Singapore and the Soviet Union. In spite of the fact that the 1st mention of reproductive health care was paralleled to a basic human tight in the UN in 1966, such international guarantees are ignored by governments and powerful coalition groups thus denying the access and availability of services to millions of men and women. There are now around 300 million couples practicing responsible reproduction, an additional 300 million who are seeking such services and another 100-200 million who will join there 2 groups. Finding appropriate resources to meet the needs of education, information, counseling, and follow-up services are a few of the tasks facing administrators and policy-makers in the next decade. Strong political backing is a pre-requisite to assure success of such investments because of the existence of such groups as the anti-choice lobbyists in the US who have succeeded in denying US government funding to UNFPA and IPPF. Constant vigilance is a 2nd requirement to protect, defend and uphold women's right to reproductive choice. Providing women with legal mechanisms is essential if such practices as genital mutilation (female circumcision), child marriage, slavery and illegal prostitution are to be eradicated. The suggestion that 1994 be proclaimed "International Year of the Family" with the theme Family: Resources and Responsibilities in a Changing World, will allow NGO's to develop viable agendas to defend women's reproductive rights internationally. (author's modified)
New York, New York, PPFA, 1987. 16 p.This brochure published by the Planned Parenthood Federation of America, (PPFA) tells the story of the dismemberment of the U.S. international family planning policy from 1961 to 1987. Official family planning policy began in the U.S. in 1961 with Kennedy's endorsement of contraceptive research. In 1968 Congress first allotted foreign aid funds for family planning. By 1973, the tide turned with Helms' amendment to the foreign assistance act prohibiting use of funds to support abortion. In 1983, USAID cut funds for the prestigious journal International Planning Perspectives, because the agency's review board chairman objected to an article on health damage of illegal abortion and mention of legal abortion. It took a court ruling to restore funds. In the same year, the Pathfinder Fund was pressured to accept the U.S. policy articulated in 1984 as the "Mexico City Policy." This ideology states that the U.S. would no longer support any program that performs, advocates, refers or counsels women about abortion, even if those activities are legal and funded by non-U.S. sources. Next, USAID pulled support from the International Planned Parenthood Federation (IPPF). The U.S. has multiplied support for natural family planning 10-fold to $8 million, and permitted organizations to counsel clients in this method without offering conventional alternatives. In 1986, the U.S. dropped support for the U.N. Fund for Population Activities, claiming alleged Chinese compulsory abortions as a reason. The PPFA has sued for a reversal of the policy of withholding USAID funds from FPIA, the international division of PPFA. The main arguments are presented, along with a list of typical FPIA projects.
London, England, International Planned Parenthood Federation, East and South East Asia and Oceania Region, [1987?]. 67 p.These proceedings contain papers, panel discussions, and overviews on women's rights and reproductive health of ASEAN members of the East and South East Asia and Oceania Region (ESEAOR) of the International Planned Parenthood Federation. These countries are Thailand, Malaysia, Singapore, Indonesia, Brunei, and the Philippines. Topics include: population programs; women's rights in the family; planned parenthood associations in individual countries; women's rights and reproductive health; health programs and laws; implementation; and plans for future activities.
Human rights, population ethics and the Third World: sources of moral conflict in international population policies.
Madison, Wisconsin, University of Wisconsin, Madison, Center for Demography and Ecology, 1987. 47,  p. (CDE Working Paper 87-10)This philosophical essay considers the basis of moral issues inherent in national and international population policies, largely based on U.N. texts. The basic definition of any moral stance on population policy depends on 1) how the problem is defined; 2) the nature of the feasible alternative courses of action proposed to resolve the problem; and 3) how the proposed actions will affect people's lives and property, broadly defined. Questions of cost versus benefit, ends and means, distributive justice and individual versus the commonality then arise. A brief history of the current world population situation is given. The development of the world's political understanding of the population problem, and the recent U.S. policy responses follow. A majority of the most populous and rapidly growing nations admit to their growth statistics and have instituted population policies. There are several distinct ideological groups that reject the notion of a population crisis, notably Marxists, Catholics, conservative political economists and some radical feminists. Certain middle-of-the-road theorists believe that the moderate population problem will resolve itself once the socioeconomic structure is developed. Resolution of moral dilemmas resulting from alternative visions of the population "problem" or "crisis" usually takes the form of a discussion of human rights. U.N. pronouncements on this issue have evolved from silence to the current view that each family has the right to knowledge and means to space and limit family size. A UNESCO publication even extends and specifies this right as the domain of the woman of the family. The rights of future generations are implicit in population ethics, but these are not articulated in the literature. Finally, UN texts imply rights of each nation (but not necessarily of actual national or ethnic groups within nations) to specify population policy. It should be appreciated that most of the non-western world does not have a tradition of individual rights, but rather communal rights. Most of the UN statements are based on European values. Simply to invoke the concept of "basic human rights" does not resolve moral issues.
Seoul, Korea, Asia Institute for Public Policy, . 79 p. (UNFPA Project No. ROK/82/P06)Through in-depth research this 1982 project of the United Nations Fund for Population Activities (UNFPA) seeks to follow-up a 1978 preliminary 8 seminar presentation on the Population Policy-Making Process of the Korean government. The long-term objectives of the project are to provide policy-makers with prioritized population policy alternatives and to suggest means for establishing a coordinative body for both policy-making and implementation. The research included an extensive literature survey and data collection through in-depth interviews with government officials and a questionnaire survey. Along with this research the project involved advisory board meetings, a workshop, and a final seminar. The present research initiates a new area of population research by focusing on the characteristics of the process rather than the issues of population policy-making. The major population issues in Korea are the continuing increase of population and over-concentration of population in metropolitan areas. Recommendations include inviting a wide range of public participation in policy formation, and formulating a basic population law. A governmental population policy body should be established under the Presidential Office or Economic Planning Board. Intensive population education is needed. Finally, policy assessment should extend to impact studies.
Washington, D.C., Population Crisis Committee, 1985 Dec. 8 p. (Status Report on Population Problems and Programs)In 1985 Brazil's new civilian government took a potentially significant step towards political commitment to a national population program by appointing a national Commission for the Study of Human Reproductive Rights and by accepting large-scale external assistance to implement a nationwide maternal and child health program intended to include family planning services. Brazil's traditional pronatalist policy has been undergoing a change since 1974 and family planning is now viewed as an indispensable element of Brazil's development policy. Several laws which had long impeded the growth of family planning services have been revised or repealed. It is no longer illegal to advertise contraceptives, but abortion is only allowed in restricted circumstances. Approval for voluntary sterilization is easier to obtain. Brazilians who practice family planning obtain services primarily through commercial channels or the private sector. The government and private family planners are faced with a major problem of organizing family planning services for rural areas and the vast city slums. The estimated cost of a national family planning program for Brazil is between US$221 million for 1990 and US$182 to US$324 million for the year 2000. The various aspects of the government program are discussed. The private sector was instrumental in introducing family planning to Brazil. A private non-profit organization was established by a group of physicians to encourage the government to develop a national family planning program and to inform the public about responsible parenthood. This organization (BEMFAM) was given official recognition by the federal government and a number of states and declared a public convenience. Another organization (CPAIMC) was established to provide maternal and child health care in poor urban areas. The sources of external aid, accomplishments to date and remaining obstacles are discussed. Sources of external aid include: UNFPA, USAID, IPPF, the Pathfinder Fund and Columbia University's Center for Population and Family Health (CPFH). A change in popular and official pronatalist attitudes has been effected.
Journal of Family Law. 1981-1982; 20(2):241-61.Abortion, a topic which challenges the religious and moral values of many individuals, has an impact on population control relied upon by some nation-states in achieving economic and social development. This is seen in India, and previously in the Eastern European states of Czechoslovakia, Bulgaria, East Germany, Hungary, Poland and Romania after WW II. In these states abortion is accepted largely for economic reasons. Abortion has strongly emerged as an issue in the development of international law, particularly in the area of human rights. This article studies that emergence by looking at the right to privacy, its expression in various human rights documents, and both the restrictive and liberal view of its application to woman's right to terminate a pregnancy, without external interference. The fetus' right to life is discussed and finally the interests of women, the fetus, and the public are analyzed to determine the importance of each of these interests to world peace and public order. International human rights agreements, e.g., the Universal Declaration on Human Rights, express the right to privacy in general terms, making it difficult to determine the scope of the right. In a case brought before the European Commission on Human Rights, 2 West German nationals' claimed the scope of the right to privacy includes the right of the woman to decide whether to terminate her pregnancy the commission held that such interference was not a breach of the woman's right to respect for her private life. The primary goal of human rights is to establish maximum respect for the individual and it is in this context that the right of a woman to choose to terminate a pregnancy is analyzed. Autonomy is an element of respect for the individual. Denying women the legal right or information to control fertility limits their ability to control their health, educational, political, social and cultural status. The fact that fertility control substantially affects the status of women is recognized in international human rights agreements. Sex equality is achieved by giving women the right to abortion. Legal proscriptions against abortion are inconsistent with the goals and objectives of human rights, especially the individual woman's right to respect and autonomy.
Laws and policies affecting fertility: a decade of change. Leis e politicas que afetam a fecundidade: uma decada de mudancas.
Population Reports. Series E: Law and Policy. 1984; (7):E105-E151.In the last decade over 50 countries have strengthened laws or policies relating to fertility. Approximately 40 developing countries have issued explicit statements on population policy emphasizing the relationship to national development. In several countries constitutional amendments have been passed reflecting a more positive attitude toward family planning. High-level units, e.g. small technical units, interministerial councils and coordinating councils have been established to formulate policies or coordinate programs. Other actions relating to fertility include: increased resources for family planning programs, both in the public and in the private sector; elimination of restrictions on family planning information, services and supplies; special benefits for family planning acceptors or couples with small families, and measures to improve the status of women, which indirectly affects childbearing patterns. The recognition that policies, laws and programs to influence fertility are an integral part of efforts to promote social and economic development was reaffirmed at the International Conference on Population in Mexico City in 1984. 147 governments expressed their support for voluntary programs to help people control their fertility. Governments cite at least 4 reasons for increased attention to policies affecting fertility and family planning. Some of these are the desire to slow population growth to achieve national development objectives, concern for maternal and child health, support for the basic human right to determine family size, and equity in the provision of health services. In addition to the strongest laws and policies to lower fertility in Asia, legal changes are occurring in Latin America, Africa, and the Middle East. Family planning programs, laws on contraceptives and voluntary sterilization, compensation, incentives and disincentives, the legal status of women and fertility and policy-making and implementation are reviewed, as well as equal employment, education, political and civil rights and equality of women within marriage and the family.
U.S. international population policy, second annual report of the NSC Ad Hoc Group on Population Policy, January 1978.
[Unpublished] 1978 Jun. 45 p.Noting the devastating effects of uncontrolled population growth, this 1978 annual report reviews population problems, primarily in 13 developing countries, and focuses on program development, broadly and by specific countries. It acknowledges mounting international attention to the problem, adoption of more government-sponsored population programs, and increasing assistance from international and private donors, as well as government agencies. Urgently needed, however, is a broader, more concerted effort, along with implementation of the multi-year program plans of several organizations, particularly the Agency for International Development (AID). Strengthening family planning programs in village and community organizations, improving the status of women, intensifying fertility research, motivating smaller families, lessening the gap between food production and population, the legal reform are central tenets of AID programs. Some evidence of declining birth rates in developing countries is indicated, but projections are that for every decade of delay in achieving replacement-level fertility rates, world population will increase by 15%.
[Population and the new international economic order] La poblacion y el neuvo orden economico internacional.
Medicina y Desarrollo. 1977 May; 13-16.The problem of population received little attention in the meetings on the New International Economic Order. Historically, governments have equated population increases with prosperity. Recently, governments have accepted the necessity to reduce population for the succcess of social and economic programs. This article points out the advances made by several countries in the areas of health, nutrition, education, contraception, legal aspects, planning, and research methods since 1972. The collaboration of different governments with UNFPA and their solicitation of help from this organization are regarded as further evidence of the advances made. Difficulties for the acceptance of family planning in developing countries such as social sanctions, lack of demographic data, and the role of UNFPA in the amelioration of these problems are discussed. Since population politics are seen as long-term strategical weapons, an intensification of persuasive methods in all countries and an increase in aid to underdeveloped countries are recommended.
In: United Nations. Department of International Economic and Social Affairs. Population and Human Rights. New York, United Nations, 1983. 188-201.Conclusions of the 1974 Symposium on Population and Human Rights deal with the most important problems of the relationship between human rights and population policies. Attention is directed to those conclusions that are of particular relevance to the subject as they constitute the basis for this present review of elements in the approach to human rights and population. The 1st Symposium on Population and Human Rights had a major impact on the World Population Plan of Action adopted by the UN World Population Conference held in 1974. The subject of human rights and population policy must be approached juridicially bearing in mind the domestic law of each State that has the sovereign right, in principle, to legislate thereon, yet, at the same time, consideration must be given to the relevant international norms. In considering population and human rights problems, the subject of development, part of the general agenda of the new international economic order, must be included as a collective and as an individual right. The right to life and the right to couples and all individuals to decide freely and responsibly the number and spacing of their children are explained and take on their full meaning in the context of the right of every human being to full development of his or her personality. There currently exists, at the international level, a contractual system for the protection of human rights with a system of procedures for assigning responsibility for this protection to the Human Rights Committee, which, with respect to the States Parties, has the respective powers conferred on it by the International Covenant on Civil and Political Rights and its Option Protocol. These human rights instruments are not the only ones in the purview of the UN which are connected with population problems. Other instruments, with particular relevance to this subject, include: the Convention on the Prevention and Punishment of the Crime of Genocide; Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages; International Convention on the Elimination of 11 Forms of Racial Discrimination; and Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. Since 1974 there has been a substantial increase in the number of State Parties to the identified Conventions and a start has been made in formulating a convention on the rights of the child. Also much progress has been made at the regional international level and this is reviewed.
A proposed plan of action for the integration of women in the development of the Eastern Mediterranean region.
In: Kjurciev A, Farrag AM, ed. Population-education-development in the Arab countries. Beirut, Lebanon, Unesco Regional Office for Education in the Arab Countries, 1977. 281-95.The attempt is made to try to relate the situation of women in the Eastern Mediterranean Region to women's worldwide problems, and, on this basis, propose resolutions as adopted in the Mexico Conference. This discussion will be used in proposing a Regional Plan of Action within the context of the Mexico Conference. It is hoped that the proposed regional Plan will be discussed and adopted by Arab countries represented at the next meeting of the Women's Committee of the League of Arab states. The problems of women, population, and food are found to be particularly interrelated, and there is a relationship between these problems and the existing international economic order. For this region among others, the integration of women in the development process is conceptualized in terms of their roles as reproducers, producers, and citizens. The crux of the problem is the balance and coordination between these 3 roles. The following areas, which have been the focus of studies and meetings in this region as well as at the international Women's Year Conference, are reviewed: education and training; employment; population, health and social services; family roles and legislation; public participation; mass media; and research. The aim of the proposed plan is to achieve the maximum possible equality between men and women in this region for the purpose of national development. To reach this goal, 2 major objectives are identified: to improve women's skills, capabilities, and potentialities, through higher levels of literacy, education, and training on appropriate jobs; and to reduce existing prejudices aginst women, through improved attitudes in all circles. To this end, 2 types of action must be undertaken at the national level: a longterm effort to introduce structural and substantive changes in society and its systems; and increasing the relevance and extending already existing programs for the advancement of women. Most countries of the region have often indicated the need to improve the status of women, but no major steps have been taken thus far towards formulation of a comprehensive plan for such improvement. A comprehensive plan dealing with women's problems in an integrated fashion is very much needed in every Arab country. The requisites for devising the plan in each country are outlined. On the local level, the role of the United Nations International Children's Emergency Fund should be related to long-term and short-term activities. UNICEF may grant financial assistance, and once a comprehensive plan has been outlined it should specify clearly its inputs according to both the country's priorities and UNICEF's policy for women's promotion.
California Western International Law Journal. 1978 Spring; 8(2):342-67.The legislative assembly of the Marharashtra State, India, passed in 1976 a bill for compulsory sterilization which would limit families to a governmentally determined size. Such imposed prescription conflicts with the principle, recognized in 1966 by the UN, of the human right to determine family size, space children, and, most important, to have an awareness of and access to the means necessary to facilitate that decision. This principle accepts the idea that merely providing contraception is an ineffective and deficient method to reduce population. Thus, in order to be permissible, any governmental limitation on individual freedom to determine family size can be imposed only subsequent to the actual and full availability of birth control information and methods. The Marharashtra Family Act requires that if a couple has 3 living children one of the parents be sterilized, unless the children are of the same sex. This Act, as written, exceeds the scope of permissible limitation to family size, since the Act fails to protect the individual's right prior to sterilization. Indeed, there is no provision in the Act to ensure that the government will inform the people of the available methods of family planning prior to the imposition of sterilization. The existing structure of the Act, which has not been implemented yet, must be completed with a scheme for compulsory family planning education and for the provision of birth control methods before compulsory sterilization can be enacted. Without such amendment the Marharashtra Family Act will not be compatible with the human right of family planning, and continued UN funding in support of its population program would no longer be justified. The article includes the full text of bill No. 25 of 1976 for restrictions on the size of certain families in Marharashtra.
In: International Planned Parenthood Federation. Western Hemisphere Region [IPPF-WHR]. The dynamics of legal change: report of the 1980 Meeting of the Regional Law and Planned Parenthood Panel, Miami, Florida, December 8-9, 1980. New York, IPPF-WHR, . 41-7.The attempt is made in this discussion to examine the formal alternatives leading to legal change and to present a rough scheme that tries to describe the process of legal change. On the basis of past experience, there appears to be 6 distinct ways to approach the law and ultimately legal change. These ways represent, in a sense, stages through which one must course before legal change is made. The 1st approach arises from circumstances where it appears that nothing can be done, and in this setting nothing can be done. The 2nd approach is to ignore what is assumed to be the law, and this is accomplished by not looking too closely at what the law actually says. The 3rd approach is to break the law with full knowledge. The 4th approach is to use the lawyer's interpretive skills and to take an innovative view of what the law actually says--what it prohibits and what it permits. The 5th approach is to look at the law, admit that it is outdated, and to set about in a carefully designed way to change the law itself. The 6th approach occurs where there is no law on the subject, and the challenge is to create an entirely new legal approach to an issue which is of contemporary importance but has never been treated in the law. Steps in the process of legal change include the following: 1) identifying the needs, or issues, which must be addressed; 2) building a constituency; 3) getting together and designing the strategy for legal change; 4) developing the actual proposal for change; and 5) actual change. Implementation is a crucial stage. Those who have been involved in the process of change should also be interested in seeing that the laws they promoted are implemented.
The dynamics of legal change: report of the 1980 Meeting of the Regional Law and Planned Parenthood Panel, Miami, Florida, December 8-9, 1980.
New York, IPPF-WHR, . 84 p.The papers included in this report of the 1980 Meeting of the Regional Law and Planned Parenthood Panel, held in Miami, Florida during December, were specifically selected and edited in order to offer a perspective on the process of legal change. The authors of the papers covering the following areas of concern identified actors, forms and degree of opposition and presented specific guidelines and suggestions for future action: 1) the dynamics of legal change with special reference to Barbados; 2) revision and reform--an analysis of legal change in Trinidad and Tobago; 3) overcoming obstacles to passing Colombia's Decree No. 367 of 1980; 4) the dynamics of policy change; 5) family planning in the United States; 6) hurdling legal barriers and breaking bottlenecks; 7) guidelines for family planning action in law reform; 8) the role of communication in fostering legal change; and 9) background notes on the United Nations Fund for Population Activities law and population program. The appendices include the panel's terms of reference, the participants, and the meeting agenda. The following were among the recommendations made by the panel members to the Western Hemisphere Regional Executive Committee of the International Planned Parenthood Federation: 1) the regional office should survey the Family Planning Associations in the Western Hemisphere as to whether compilations of laws in areas directly affecting the access to contraception, sex education, and the status of women are readily available to lawyers and other professionals in the family planning field, and to encourage the development and distribution of compilations wherever this is not the case; 2) the Information and Education strategies of Family Planning Associations should incorporate specific program actions designed to foster a supportive climate of public opinion for legal change; and 3) the Western Hemisphere Regional office should provide the necessary technical assistance to Family Planning Associations requesting advice on formulating programs in support of legal change.
JOURNAL OF TROPICAL PEDIATRICS AND ENVIRONMENTAL CHILD HEALTH. 1976; 21(5):249-58.The attempt was made to determine what legislation exists in various countries to protect the practice of breastfeeding. The intention of most existing laws appears to be to retain mothers in the labor force rather than to promote breastfeeding, and the laws are encompassed in maternity protection labor laws rather than in child welfare laws. The International Labor Organization, established in 1919, has functioned as a leader in the effort to try to establish nursing breaks. Most of the laws cited provide for 2 half-hour nursing breaks per day, and these breaks may or may not be reimbursed as hours worked. The length of breaks varies in some countries and the provision for nursing breaks is non-existent in some countries, notably the United States. Although some countries set an age limit of from 6-15 months, most do not indicate the age at which this practice shall be discontinued. Laws requiring the establishment of nurseries or nursing premises have essentially placed responsibility on the employer rather than the community as a whole. The laws of specific countries are identified.
In: Radhie TM, ed. Law and population. Jakarta, Indonesia, Yayasan Penelitian den Pengembangan Hukum, 1976. 35-55. (Hukum Law Journal Special Edition)Population law is defined as that which relates directly or indirectly to the population growth and distribution, and those aspects of well-being affecting, and affected by, population size and distribution. Customary law is as important, if not more important, than official legislation. A study of population law should include the following: fertility regulation; family status and welfare; children and child welfare; criminal offenses and penology; public welfare; public health; education; property and economic factors; migration; census; military service; and, religion. Customary laws governing particular areas will have varying importance according the country's traditional practices. Legal reforms are impossible without the knowledge of what the existing laws are. Analysis of the existing laws should determine the degree of compliance; reasons for divergence between law and practice; and, conformity with human rights. Newly emerging countries have often inherited unrealistic colonial laws. Sociological surveys are needed to determine the practices not governed by official laws. International human rights laws, aided by the UN, now obligate governments to conform their municipal population laws to international standards.
London, IPPF, 1979 Oct. 47 p.The development of family planning programs in Colombia is outlined in this IPPF (International Planned Parenthood Federation)-sponsored report. Introductory demographic data are provided including information on the geography, economy, population dynamics, and available health services; this section is followed by a discussion of the government policy, which first became evident in 1968 with the inception of the national Maternal Child Health (MCH) program; the development of this program was in the face of active Catholic opposition and active leftwing proponents. Through 1979 the MCH program is still functioning with 100,000 new acceptors/year; in addition, the government only minimally inhibits the actions of nongovernment programs, such as PROFAMILIA, and allows for liberal regulations on such matters as prescription of contraceptives. The report then details the developments of individual family planning programs, some of which failed to survive the politically turbulent 1970s, e.g., ASCOFAME (Asociacion Colombiana de Facultades de Medicina), and others of which remain viable, e.g., PROFAMILIA; both of these programs are basically medical and have resulted in the following statistics of contraceptive protection from .1 in 1965 (per 1000 woman/years)-484.2 in 1975. Details of funding are provided, and expenditures and costs are presented tabularly. In addition to clinic programs, rural programs such as CBD (an adjunct of PROFAMILIA) were pioneered in Colombia, the structure of which has been emulated by all other field programs. Aspects of marketing (social marketing and mail order, e.g.,) are described and the personnel structure of PROFAMILIA is outlined. External funding of PROFAMILIA represents about 65% of its funding, and locally derived income provides the additional 35%.
London, IPPF, . 46 p.Mexican social, economic, and population indicators are discussed and tabulated. In 1972, the government, realizing the magnitude of the nation's population problem, reversed its previous antinatalist policy. The President acknowledged the individual's right to have family planning services available and the government's duty to provide family planning information. The Ministry of Health instituted a program to provide family planning services for that part of the population needing public services. A National Population Council was established to coordinate various public and private services active in the population field. Market research is being undertaken into the feasibility of government sponsored commercial distribution of contraceptives. Sterilization will be an integral part of the governmental family planning services. Acceptor targets and accomplishments and the budget for these governmentally-provided services are presented. A detailed discussion of the history and activities of the IPPF affiliate in Mexico is also presented. Despite the initially unfavorable atmosphere in the mid-1960s, FEPAC (Foundation for the Study of Population) was able to establish a network of family planning clinics. In addition to clinic programs, FEPAC carries out research, training, and education/information activities.
In: International Advisory Committee on Population and Law. Human rights and population from the perspectives of law, policy and organization. Medford, Massachusetts, Tufts University, Fletcher School of Law and Diplomacy, 1973. 22-3. (Law and Population Book Series No. 5)The Law and Population project -- directly executed by the United Nations Fund for Population Activities -- is a dynamic project which will have long-felt effects on the behavior of countries that respect the "rule of law." The expansion of the project to non-Western legal systems is a positive, and it is hoped that the population factor will be formulated into policies and executed as operationally feasible programs in all countries. As the population problem is universal, all legal systems need to address this problem. The fact that Yugoslavia has shown interest in establishing a law and population project is encouraging because of the nature of its political institutions. It is also hoped that the bulk of the project's studies and findings will be available for consideration when the World Population Conference convenes in 1974. The Fund -- concerned about the need for comprehensiveness in law and population studies and recognizing the need to heighten awareness on population in 1974 -- is prepared to provide continued support to projects in this field, especially for those in developing countries.