Reproductive Rights Of Women While Incarcerated In The Criminal Case - Some Proposals To The Law Of The Countries And International Law

Authors

  • Mac Giang Chau & Cao Thanh Thuy Can Tho University, Vietnam

Keywords:

human rights, reproductive rights, women in detention facilities, presumption of innocence, publicity, initiative.

Abstract

The protection of human rights in general and the reproductive rights in publicity and self-determination of women in prisons is an essential need for women, especially in the current context of many countries with the idea that offenders (under certain circumstances) should not give birth. It has violated human rights in general and women’s reproductive rights in particular, seriously showing discrimination and gender inequality. To address these issues, this article analyses and points out how nations misbehave in responding to the need to protect reproductive rights and, in publicity, proactively decide when to give birth to women in detention facilities. This article is completed using the research method, such as data collected from documentation, writing law analysis, and comparative methods. The ultimate goal of this article is to point out the confirmed cases and the provisions of the laws of some countries that are too harsh for incarcerated persons and the adverse consequences of restricting the free reproductive rights of women in detention facilities, thereby providing solutions that experts can consider to improve further the provisions of national laws in protecting the reproductive rights of women in detention facilities. These measures, when implemented, will make an essential contribution to ensuring the harmonisation of the state’s responsibility in the fight against crime with the need to proactively decide on a healthy and safe pregnancy and childbirth in the favourable reproductive age of women, thereby protecting the human rights of women in detention facilities in particular and human rights in general.

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Published

2023-08-31

Issue

Section

Articles