Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694842201803.pdf (Pakistan)
[TO BE INTRODUCED IN THE NATIONAL ASSEMBLY] A BILL to facilitate reproductive healthcare and promote reproductive health rights WHEREAS it is expedient to give recognition to and promote reproductive health rights and provide reproductive healthcare in accordance with the Constitution and international commitments made by the Government of Pakistan, and those to which Pakistan is a State Party; It is hereby enacted as follows: Chapter - I 1.
Short title, extent and commencement - (1) this Act may be called the Reproductive Healthcare and Rights Act 2010.

(2) It extends to the whole of Pakistan; (3) It shall come into force at once.

2.
Definitions - In this Act, unless there is anything repugnant in the subject or context, – (a) “choice” means to decide freely on how to manage reproductive life; (b) “civil society” means the people and the social practice through which they, individually or collectively are involved in advocacy regarding the implementation, decision-making, design, management and monitoring of laws, public policies and programmes; (c) “confidentiality” means to be assured that any personal information will not be made public and will remain confidential; (d) “continuity” means to receive reproductive health services for as long as needed; (e) “dignity” means to be treated with respect, consideration and attentiveness; (f) “discrimination” means any exc1usion, restriction or arbitrary distinction, (g) “gender perspective” means the beliefs, roles, values and behaviours that cultures and societies evolve for socialization of men and women.
This approach seeks to improve the effectiveness of laws, policies, social interventions, programmes and project by recognizing the equal rights of men and women in the context of gender justice and gender equality; (h) “information” means to know about the benefits and availability of reproductive health services and to know their rights in this regard; (i) “informed consent” means the possibility and opportunity to make a responsible decision based on full information, free from coercion or violence.
These rights recognize the exercise of parental responsibility; (j) “maternal morbidity and mortality” means the number of pregnancy related ill health and deaths of women in a population in a given place and time.
It is composed of two terms: the first regards the morbid condition or disease, and the second refers to death; (k) “prescribed” means prescribed by rules under this Act; - 2 - (l) “privacy” means to have a confidential environment during counseling and provision of services; (m) “reproductive health” means a state of complete physical, mental and social wellbeing, and not merely the absence of disease and infirmity, in all matters relating to the reproductive system, its functions and processes; (n) “reproductive health care providers” includes public, private or not-for-profit institutions which offer reproductive health services, as well as all the staff that works in them; (o) “reproductive rights” means the rights of couples to reach the highest level of reproductive health, without discrimination, coercion and violence.
PROMOTION OF REPRODUCTIVE HEALTH RIGHTS Chapter- II 3.

Accepting: (i) that men and women are the subject of reproductive health, their joint involvement in responsible parenting is essential, as also, their need for access to information; (ii) the need to develop public awareness that maternal deaths are preventable and the suffering therein of women and children are avoidable.

4.
Inter-alia the following reproductive health rights will be promoted: (1) The right to reproductive health information: (a) by providing reproductive health information, which provides awareness regarding the mental and physical health and wellbeing of individuals and families; (b) through the exercise of parental responsibility which assures the right of parents as educators; (c) the reproductive health information and communication activities take into consideration the social milieu and given cultural environment.
(2) The right to gender-neutral information: (a) access to information related to reproductive rights and responsibilities within a gender perspective, which is free from stereotyped, discriminatory and obscurantist customs, and is presented in an objectives and pluralistic manner.
(b) recognition that all adults have the right to information to ensure that reproductive life decisions are made with informed consent; (c) promotion of public awareness on the prevalence and impact of morbidity and mortality and availability of technology to prevent this suffering.
(3) The right to equality, and to be free from all forms of discrimination: (a) no person shall be discriminated against his reproductive life in his access to service and information on the grounds of race, colour, sex, creed or other criteria of discrimination; - 3 - (b) all women have the right to protection from discrimination in social, domestic or employment spheres by reason of pregnancies or motherhood; (c) all efforts will be made to promote a mutually respectful gender perspective which assists in responsible parenting and strengthens family relations.
(4) The right to be free from ill-treatment: (a) all persons have the right to protection from rape, sexual assault, sexual abuse, sexual harassment and other forms of gender-based violence.

(5) The right to the freedom of assembly and political participation: (a) all persons have the right to advocacy which seeks to influence Government to place a priority on reproductive health and rights.
(b) all persons have the rights to form an organization or assemble with the objective of promoting reproductive health and rights.

Chapter - III PROMOTION AND FACILITATION OF REPRODUCTIVE HEALTH CARE SERVICES 5.
Accepting the need: (i) to provide quality reproductive health through short and long term efforts, among others, to professionalize obstetric care and improve reproductive health systems, particularly in the primary health care sector; (ii) to reach the underserved by involving community groups and increasing access to the disadvantaged, hard to reach, and vulnerable including poor women and remote marginalized areas; (iii) to provide quality ante-natal care that remains the basic method to achieve a decline in maternal mortality and morbidity; iv) to meet women’s health needs for prevention of unsafe and unwanted pregnancies and thereby the elimination of miscarriage and abortion which is a public health concern of unacceptable proportion in Pakistan.
6.
Inter-alia, the following will be facilitated and promoted: (1) The provision of reproductive health services: (a) the full range of services which address maternal mortality and morbidity will be encouraged; (b) reproductive health systems will be strengthened so that the competencies of reproductive health providers ensure quality services which encourage choice and are given in an environment of dignity and continuity; (c) for access and affordability, focus and priority will be given to the primary health care sector.
(2) The right to the benefits of scientific progress: (a) It is recognized that all persons shall have the benefit of and access to available reproductive healthcare technology, including that relating to infertility, which is safe and free from gender discrimination (e.g.
amniocentesis, which results in sex-based abortion, and contributes to the inverse sex ratio, shall be illegal); - 4 - (b) no person shall be subject to medical trials related to reproductive health without their full, free and informed consent; (c) The Government shall take stringent measures to prevent the testing and dumping of harmful contraceptives and pharmaceutical in Pakistan, whether by domestic entities, or foreign entities, or multinational corporations (MNCs).
(3) The right to confidentiality & privacy: Reproductive health care services will provide clients with privacy and ensure personal information given will be kept confidential.

(4) The right to liberty and security of person: (a) all persons must be free to manage their reproductive life, having regard to the rights of others.
(b) No person shall be subjected to forced pregnancy, sterilization abortion or birth control Chapter - IV IMPLEMENTATION The Federal and Provincial Governments will give effect to the provisions contained herein 7. through all concerned public sector organizations, and also through public –CSO-private partnership.

The Federal Government shall formulate, implement and evaluate public policies and programmes 8. to effectively reduce maternal morbidity and perinatal mortality.
The following three tiers of action will be taken with and through institutions of civil society: (i) 9. building support and sustainability through strong national policies and programmes, (ii) providing quality services which are accessible (iii) increasing community awareness and involvement of community groups.
The Federal and Provincial Government shal1, 10. in active collaboration with civil society organizations, media and private sector, work on operationalization, implementation, and enforcement of this law, specifically the promotion of the right to reproductive health information and communication activities, and the establishing of services to meet the needs of women and men throughout the reproductive life cycle.

Chapter -V MISCELLANEOUS Power to make rules.


The Federal Government may prescribe rules for carrying out the purposes 11. of this Act.

Power to remove difficulties.

If any difficulty arises in giving effect to the provisions of this Act, 12. the Federal Government may, by order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.
- 5 - STATEMENT OF OBJECTS AND REASONS In Pakistan an average eighty women die every day because of pregnancy related complications.

This is compounded by the fact that millions of other women do not die, but suffer from complications such as fistula, amenorrhea and infertility.
This Bill seeks to promote the reproductive health rights of men and women and (i) to redress the complications related to pregnancy and childbirth, which are among the leading causes and consequence of mortality and morbidity for women of reproductive age and (ii) reduce maternal deaths which (a) have serious consequences within the family; given the crucial role of the mother for her children, and (b) contribute to the inverse sex ratio of men to women (108:100) in Pakistan, leading to 8 million girls and women missing in the Pakistani population (as per the 1998 census).
2.

The Bill seeks to achieve the afore-said objectives.

Sd/- Dr. Attiya Inayatullah Dr. Donya Aziz Members, National Assembly