RESUMO
PIP: Estudio para la Defensa de Los Derechos de la Mujeri (DEMUA), a legal aid nongovernmental organization in Peru, organized a workshop to sensitize and train judges on sexual violence from a gender perspective and assess judges' perceptions of the problem. A total of 42 judges and seven staff members from the Judicial Control Office participated. Some participating judges maintained a formalistic approach to the law, which states sexual abuse is aggravated only if weapons were used and more than one perpetrator was involved and requires evidence of bodily harm for a rape charge, while others were less stringent about their interpretations. The latter group of judges tended to view sexual abuse as a crime that deprives victims of their liberty and harms their physical, sexual, and psychological health. 57% of participating judges indicated, at the end of the workshop, that the laws should be changed in terms of preventing and punishing sexual offenses and making marital rape a crime and wanted reassessment of the criteria for aggravated assault.^ieng
Assuntos
Educação , Jurisprudência , Legislação como Assunto , Organizações , Estupro , Medicina Reprodutiva , América , Crime , Países em Desenvolvimento , Saúde , América Latina , Peru , Problemas Sociais , América do SulRESUMO
PIP: This work examines reproductive health within the framework of human rights assured by various international conventions, and analyzes the high maternal mortality rates of developing countries as a violation of several guaranteed rights. The 1st of 3 main sections of the report discusses the failure of governments to make protection of women's reproductive health a priority. Historically, women's principal role has been to bear children, and no recognition was given to the cost in health of accomplishing this duty. Women's reproductive health has created controversies in many traditional juridical systems because of its relation to human sexuality and morals. WHO has estimated that some 500,000 maternal deaths occur each year, with 25-50% resulting from unsafe abortions. The causes of maternal mortality often have their roots in the poor nutrition or inadequate health care provided to the woman long before the 1st pregnancy. Early and frequent pregnancies and heavy physical labor are among the many factors that contribute to maternal death. Laws to protect women's health may be lacking or may not be applied. For example, many countries have no legal minimum age for marriage. To combat the traditional negligence, a new viewpoint is emerging which views women's reproductive health as a condition in which childbearing occurs in a state of physical, mental, and social wellbeing. It implies that women have the capacity to reproduce, regulate their fertility, and enjoy sexual relations. Laws that deny access to reproductive health services or place obstacles or conditions in the way are coming under question as violations of basic human rights of women protected by international conventions. The main such convention discussed in this article is the Convention on the Elimination of All Forms of Discrimination Against Women, although several other conventions are relevant to protecting women's reproductive health. If international law on human rights is to become truly universal, it is necessary to require that nations take preventive and curative measures to protect women's reproductive health and provide women with the capacity for reproductive self-determination. International human rights treaties require that national and international laws guarantee the rights of women to be free from discrimination; enjoy the rights to marriage and formation of a family; rights to private and family life; rights to information and education; and access to medical attention and to the benefits of scientific progress. The 2nd major section of this work discusses interpretations of these treaties using empirical evidence and feminist juridical principles. The 3rd section discusses international protection of women's reproductive rights, including the reporting system and specific categories of clearly differentiable rights.^ieng
Assuntos
Causas de Morte , Países em Desenvolvimento , Estudos de Avaliação como Assunto , Direitos Humanos , Mortalidade Materna , Mortalidade , Filosofia , Medicina Reprodutiva , Direitos da Mulher , Demografia , Economia , Saúde , População , Dinâmica Populacional , Fatores SocioeconômicosRESUMO
PIP: This document contains major provisions of the constitution adopted by Brazil on 5 October 1988. This constitution seeks to promote the welfare of all citizens without discrimination. The equality of all citizens is guaranteed, and the equal rights of women are specifically mentioned. Property rights are also guaranteed and defined. Female inmates are granted the right to remain with their children while breast feeding. Workers are guaranteed a minimum wage, a family allowance for dependents, maternity/paternity leave, specific incentives to protect the labor market for women, retirement benefits, free day care for preschool-age children, pay equity, and equal rights between tenured and sporadically employed workers. Agrarian reform provisions are given, including the authority to expropriate land. Social and economic policies to promote health are called for, and public health services are to be decentralized, to be integrated, and to foster community participation. Pension plan and social assistance provisions are outlined as are duties of the state in regard to education. The amount of money to be dedicated to education is set out, and a national educational plan is called for to achieve such goals as the eradication of illiteracy, the universalization of school attendance, the improvement of instruction, and the provision of vocational training. Specific measures are set out to protect and preserve the environment. Family policy deals with issues of marriage, the definition of a family, divorce, the right to family planning services, and the deterrence of domestic violence. Social protection provisions cover mothers and children, handicapped persons, and protection of minors. Finally, the customs and rights of Indians are protected, with special provisions given to protect land tenure and to protect the rights of Indians in water resource development and prospecting and mining activities.^ieng
Assuntos
Conservação dos Recursos Naturais , Constituição e Estatutos , Economia , Educação , Emprego , Política de Planejamento Familiar , Financiamento Governamental , Direitos Humanos , Indígenas Sul-Americanos , Assistência Pública , Saúde Pública , Política Pública , Fatores Socioeconômicos , Direitos da Mulher , América , Brasil , Cultura , Demografia , Países em Desenvolvimento , Meio Ambiente , Etnicidade , Administração Financeira , Saúde , América Latina , População , Características da População , Classe Social , Planejamento Social , América do SulRESUMO
This Decree amends Section 44 of the Constitution of Uruguay to read as follows: "44. The State shall legislate on all matters related to public health and hygiene, and shall assure the improvement of the physical, moral, and social well-being of all the inhabitants of the country. All inhabitants shall have a duty to care for their own health and to have themselves treated in the event of disease. The State shall make available, without charge, means of prevention and medical care to indigent persons or to persons lacking sufficient resources."
Assuntos
Constituição e Estatutos , Financiamento Governamental , Serviços de Saúde , Saúde Pública , América , Atenção à Saúde , Países em Desenvolvimento , Economia , Administração Financeira , Saúde , América Latina , América do Sul , UruguaiRESUMO
PIP: This document contains major provisions of a 1988 Resolution of Argentina approving the Reproductive Health Program (RHP) in the Ministry of Social Works. The objective of the RHP is to provide adequate assistance to the population most in need of reproductive health planning. The target population is defined as women who are infertile, have given birth (coverage to last two years), who have had an abortion, who are under 18 or over 40, who have given birth four or more times, who have had two or more Cesarean sections, whose last pregnancy resulted in fetal mortality, or who have a disease which contraindicates pregnancy (including genetic risk or mental disturbance). The RHP will provide education and medical assistance to identified women. These activities will necessitate formation of a team of human resource personnel. The goal of the first year of the program is to locate and follow-up 70% of the women who gave birth or had an abortion during that year. Reaching this goal will necessitate the design of educational activities, the creation of a team to carry out the task, the creation of a registry and regulations, the establishment of a control and monitoring system, and the performance of an evaluation.^ieng
Assuntos
Serviços de Planejamento Familiar , Serviços de Saúde , Legislação como Assunto , Medicina Reprodutiva , Educação Sexual , América , Argentina , Atenção à Saúde , Países em Desenvolvimento , Educação , Saúde , América Latina , América do SulRESUMO
PIP: This document presents the text of health legislation approved in Mexico on December 23, 1986, setting forth ethical issues and professional responsibilities in the area of health research. Health research is conceptualized as activities that contribute to knowledge regarding biological and physiological processes in humans; knowledge of the links between the causes of disease, medical practice, and social structures; prevention and control of health problems; evaluation of the harmful effects of the environment on health; the study of techniques recommended or used for the delivery of health services; and the production of goods for the health sector. Title 1 of these regulations outlines responsibilities of the Secretariat of Health and calls for the establishment of an Inter-Institutional Commission on Health Research. Title II defines ethical aspects of research on human subjects, with separate provisions for research involving minors, incompetent persons, women of childbearing age, pregnant women, women during labor or childbirth, nursing mothers, embryos, stillborn fetuses, and cadavers. In general, research is permissible on human subjects only if it confers health benefits and carries minimal risks. Title III sets forth regulations on research on new prophylactic, diagnostic, therapeutic, and rehabilitative methods, while Title IV concerns the biosafety of research. Clinical research in the field of pharmacology must include 4 phases preceded by full preclinical studies. Finally, Title V of this legislation defines the duties of internal committees in health institutions.^ieng