Reproductive rights of indigenous women in Latin America : freedoms and entitlements under international human rights law and arising state obligations
Reproductive rights of indigenous women in Latin America : freedoms and entitlements under international human rights law and arising state obligations
Date
2019
Authors
Pernthaler, Magdalena
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Abstract
Although reproductive rights are an integral part of international as well as regional
human rights law, indigenous women in Latin-America still face a variety of challenges
concerning the enjoyment of their rights. Due to insufficient access to reproductive health
care, fertility as well as maternal mortality rates among indigenous women are
disproportionately high. In addition, discrimination in the health sector still is a prevailing
issue. In order to determine what causes these inequalities, this master’s thesis aims at
establishing what reproductive rights indigenous women are entitled to and what
obligations these rights entail for states parties. A special focus will lie on the right to
contraception, information and education about reproductive health. Additionally, factors
that impede effective access to reproductive health care are discussed. As such barriers
are to a large extent of a cultural nature, the concept of intercultural health plays a major
role. In order to show how state obligations under international human rights law can be
implemented in practice, the legal framework of Bolivia concerning the protection of
indigenous women as well as reproductive rights is analysed. Thus, the main challenges
indigenous women face in the enjoyment of their reproductive rights are contextualised
with the major shortcomings of international human rights law and potential deficiencies
in national legislations are identified. The findings of this master’s thesis can be used as
groundwork for the development of intercultural reproductive health care programmes
that take into account the specific needs of indigenous women and enable them to fully
realise their reproductive rights.
Description
Second semester University: Åbo Akademi University
Keywords
Latin America,
indigenous people,
women rights,
reproductive rights,
reproductive health,
discrimination,
international obligations,
Bolivia