Introduction
Freedom of choice is a very fundamental right across societies in liberal democracies.
In fact, democracy stems from choice.
Reproduction rights is a sub-set of Human rights. It is the right of self-determination in the context of bodily-integrity. However, when it comes to reproduction rights, it should not be qualified by the logic of "equal rights". Because biologically men and women are different, and that difference is an impreative for procreation.
In reproduction, the major stakeholders are the husband and wife, couple, or simply men and women. Men can not be made pregnent, whereas woman has an womb and natually endowed with biological features to deliver a baby.
Therefore reproduction rights should be qualified by special rights of women.
When it comes to sex there are two dimensions-
(1) Sexual pleasure- Physical needs of couple, and they share complimentarities
(2) Procreation
What does men and women want out of their sexual needs and for that matter procreation, is purely a decision of the couple under consideration.
Whether the objective of procreation drives sexual intercourse or sexual intercourse(for fun, pleasure) accidentally lead to conception, pregnency, etc. does not matter. But the process of sexual satisfaction should not subjugate procreation even if it is accidental.
Therefore "reproduction rights" should be errected on the foundations of moral principles and material practices.
Abortion should be a choice of the woman under consideration, but such a choice and rights should also accompany the moral questions like- purpose, when, and under what situations. Such a right can not be fanciful.
Reproduction rights- women should decide- it should be their call-- But how they should decide must be informed by moral and social values.
The question of Reproduction rights should accomodate the needs of women in legal as well as social framework-- e.g contraception, sex education, nutritional requirement during pregnency, childcare, etc.
Depending on geography, societies, communities, religions, etc the moral choice of reproduction rights are also effected by culture, tradition, social customs, religious code, etc. That is the reason why even the notion of "Woman's right to chose- woman's decision to abort or not" does not make women a sole aribter, because other relationships are deeply integrated with a women, e.g. Husband, Family, Society, etc. That further testifies that reproduction rights are inherently complex at many levels. Even the legal framework can not make sweeping propositions of those complexities.
Women as pivot in reproduction rights
The forward integration fo reproduction rights entail two questions:-
(1) Responsbility of Pregnency
(2) Reponsibility of Child after birth
In both the question, Women become the pivot. Therefore the social position of women and autonomy to decide both become paramount.
Reproduction rights are not pure individual rights
Reprodcution rights perhaps one of those few rights which can not be envisioned in silos or individualism, otherwise it will be difficult to answer the following questions :-
(1) Can it be divorced from of a couple, husband/wife, etc?
(2) Can it be divorced from the vision of family?
(3) Can it be divorced from the vision of community/society?
Therefore reproduction rights if harmonizes sexual desire retrospectively, it equally harmonizes social needs. Reproduction right is not that straight forward like Freedom of speech.
Furthermore, reproduction rights should also factor in social issues like class, caste, ethnicity, race, etc.
Similarly, it should also factor in socio-economic conditions-- just having a right may not be enough, e.g. an woman want to abort a child but does not have access to health care. An enabling condition is a must.
Reproduction Rights- essentially competing rights
Reproduction rights invoke the concept of bodily integrity and demands autonomy to decide/choose to abort or not.
But then what about the rigth of fetus?
Just because the fetus is under custody of Mama(to be Mother) he/she does not have rights? Or for that matter does not even make the custodian(to be Mother) morally responsible.
Put simply, reproduction right also creates impasse of Mother vis-a-vis fetus where bodily integrity gives autonomy to the Mother to decide on pregnency and on the other hand fetus demand rights on account of being human fetus and imposes moral obligation on the custodian(the Mother).
Legal Status of Reproduction rights worldwide
Conclusion
Reproduction rights on the premise of reproductive freedom, should commensurate shared needs of potential mothers and collective needs of society.
Shared needs of potential mothers necessaites the condition of healthcare, survival, successful delivery and post delivery well-being. The safety of potential mother is deeply integrated with the safety of the child. Only when the safety of mother is threatened on account medical complexities, reproduction rights should be exercised. Abortion should not be fanciful.
Put simply, Reproduction rights act as a safety valve. And reproductive freedom is a social code, in which individual rights can not be divorced from the vision of family, society, etc.
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