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UNFPA GLOBAL POPULATION POLICY UPDATE
Issue 49 - 1 April 2005
This issue of the UNFPA Global Population
Policy Update highlights laws and policies adopted in the
first half of 2004 relating to sexual exploitation and offences
against minors, sexual and reproductive health national policies,
human genetics and abortion.
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Peru Amends Penal Code Relating to Sexual Offences
On 7 June 2004, Peru enacted Law No. 28251 , which
amends the Penal Code to strengthen provisions relating to sexual
offences. The Law includes provisions to: a) enlarge the definition
of various sexual offences, including trafficking and child pornography;
b) increase the penalty for the offence of rape if the victim is
a minor or the offence results in infection with a sexually transmissible
infection (STI); c) increase penalties for other sexual offences,
including those involving minors; d) prohibit sexual tourism involving
minors and the publication through the mass media of information
on child pornography, sexual tourism involving minors and trafficking
of minors.
http://www.congreso.gob.pe/ntley/Imagenes/Leyes/28251.pdf.
Panama Enacts Law on Protecting Minors from All Forms of
Sexual Exploitation
On 30 March 2004, Panama enacted Law No. 16 , whose
main objective is to protect minors from all forms of sexual exploitation
by establishing criminal penalties and preventive measures.
The Law amends the Penal Code to add a new Chapter IV on sexual
trafficking, tourism for sexual purposes and pornography involving
minors. This Chapter prohibits the promotion or facilitation of
the transport into or out of the country of minors for the purpose
of sexual exploitation or sexual servitude and related activities;
the production, commercialization, exhibition, or distribution of
pornographic materials involving minors through any media including
the Internet; and the promotion, organization, and facilitation
of sexual tourism involving minors; and any activities related to
these offences. The Law also amends various provisions of
the Penal Code related to sexual offences and prostitution to increase
penalties when the offence is committed against or involves a minor
or results in pregnancy or infection with an STI of a minor.
In addition, the Law requires all persons who have knowledge of
an offence to report the crime; requires the government to provide
legal protection to victims and pay the costs for medical and psychological
treatment, therapy, and provisional housing and care; and creates
a National Commission for the Prevention of Crimes of Sexual Exploitation.
http://www.asamblea.gob.pa/legispan/leyes/2004_LEYES/2004_016.pdf
Colombia Issues Regulation to Implement National Policy
on Sexual and Reproductive Health
On 18 February 2004, Colombia's Ministry of Social Protection issued
Circular No. 18 , which outlines goals, activities,
and standards for the delivery of primary health care services.
The Circular provides guidance for implementing the National Sexual
and Reproductive Health Policy (summarized in the UNFPA Global
Population Policy Update #3 ), the principal elements of which
are measures to address: safe motherhood, family planning, adolescent
sexual and reproductive health, uterine cancer, STIs and domestic
and sexual violence. Among the actions called for in the Circular
in the area of sexual and reproductive health are: information,
education and outreach campaigns; the development and dissemination
of guidelines for delivery of services; and the monitoring of compliance
with these guidelines.
The Circular specifically addresses access to contraception by adolescents.
It requires the provision of hormonal and barrier contraceptive
methods, as well as emergency contraception (EC), to uninsured adolescents
living in communities that are displaced, economically disadvantaged
or at a high risk of unintended adolescent pregnancy. In addition,
the Circular calls for providing EC and STI preventive care to victims
of sexual and domestic violence.
Canada Adopts Assisted Human Reproduction Act
On 29 March 2004, Canada adopted the Assisted Human Reproduction
Act , the country's first comprehensive law addressing
human genetic and reproductive technologies. The Act's introductory
principles emphasize the need to protect women's health and well-being
in the use of reproductive technologies; stress the importance of
free and informed consent as a fundamental precondition to the use
of these technologies; and prohibit discrimination in the delivery
of assisted reproductive procedures on the basis of sexual orientation,
marital status or other grounds. While the Act permits the regulated
use of human reproductive and genetic material and human embryos,
it specifically prohibits certain activities deemed "ethically unacceptable,"
including: human cloning; the creation of human embryos solely for
research purposes; the practice of sex-determination or identification
techniques on human embryos except to prevent, diagnose or treat
sex-linked disorders or diseases; commercial surrogate motherhood
contracts; the purchase of sperm or eggs; the purchase or sale of
embryos; and the procurement or use for personal purposes of sperm
or eggs from individuals under 18 years of age. Permitted
activities include the creation of human embryos for assisted reproduction
purposes and the use of existing human embryos for research, including
embryonic stem cell research. Such activities must be carried out
by licensed individuals in accordance with the regulations issued
under the Act.
The Act also addresses the collection, use and disclosure of the
personal and medical information of sperm or egg donors and individuals
who have undergone or been conceived by assisted reproduction procedures.
In addition, the Act establishes the Assisted Human Reproduction
Agency of Canada, which is charged with advising the Minister of
Health on matters relating to the Act, issuing and reviewing licenses,
collecting and analyzing the personal and medical information of
donors and individuals who have undergone or been conceived by assisted
reproduction procedures, and enforcing the Act. Engaging in
any of the activities prohibited by the Act is punishable with a
fine of up to $500,000 or imprisonment of up to ten years, or both.
Contravention of any of the Act's other provisions is punishable
with a fine of up to $250,000 or imprisonment of up to five years,
or both. The Act provides for legislative review after three years.
http://www.parl.gc.ca/PDF/37/3/parlbus/chambus/house/bills/government/C-6_3.pdf
Federal District of Mexico Amends Law to Require Public
Health Institutions to Perform Abortions Free of Charge
On 16 January 2004, the Federal District of Mexico amended its Health
Law to require public health institutions in the Federal
District to perform abortions free-of-charge and in safe conditions,
in cases where they are legal and requested by the pregnant woman.
The Law requires that the pregnant woman also be provided with timely
and accurate information on options other than abortion and the
effects of abortion on her health. The abortion is to be carried
out within five days of being requested. Health providers who, due
to religious beliefs or personal convictions, are opposed to abortion
may refuse to perform an abortion. However, they must refer
the pregnant woman to a physician who would perform abortion. Moreover,
in emergency situations where the pregnancy threatens the health
or life of the pregnant woman, they may not refuse to perform the
abortion. Public health institutions are required to ensure the
timely provision of services and the permanent availability of personnel
who are not opposed to abortion. Abortion is legal in the Federal
District in cases of rape, fetal defect and serious threat to life
or physical or mental health of the pregnant women.
http://www.paot.org.mx/centro/gaceta/2004/enero04/27ene04.pdf.
All previous issues of the UNFPA Global Population Policy Update can now be found on UNFPA's website at: http://www.unfpa.org/parliamentarians/news/newsletters.htm .
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This newsletter is issued
by the United Nations Population Fund (UNFPA) in its capacity as
secretariat for the biennial International Parliamentarians' Conference
on the Implementation of the ICPD Programme of Action (IPCI/ICPD).
The first IPCI/ICPD was held in November 2002 in Ottawa, Canada
and the second in October 2004 in Strasbourg, France. These dispatches
are intended to highlight important developments taking place around
the world so that parliamentarians can be kept informed of and learn
from the successes, setbacks and challenges encountered by their
fellow parliamentarians in other countries and regions in their
efforts to promote the implementation of the Programme of Action
of the International Conference on Population and Development (September
1994, Cairo, Egypt). It should be noted that UNFPA does not necessarily
endorse all of the policies described in this newsletter.
Thanks to Center for
Reproductive Rights and Harvard University School of Public Health
for their contributions to the content of this newsletter.
Please send mailing list update information to Ragaa Said at said@unfpa.org
. If you have any questions or comments on the content of this
newsletter, please contact Harumi Kodama at kodama@unfpa.org
or Safiye Cagar at cagar@unfpa.org
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