EU Commission: Definition of sexual and reproductive health is to be determined by individual member states

By Rebecca Oas, Ph.D. | May 28, 2014

Earlier this month, Maltese European Parliament member Claudette Abela Baldacchino posed the following question to the European Union (EU) Commission, requesting a written answer:

“The notion of sexual and reproductive health rights [SRHR] appears to be interpreted in varying ways in international treaties and national legislation.

Can the Commission provide an analysis of how Member States interpret the notion of sexual and reproductive health rights?”

Tonio Borg, the European Commissioner for Health and Consumer Policy, provided the following answer (emphasis added):

“The Commission is aware that no common view exists in the EU Member States regarding sexual and reproductive rights. In the recent United Nations Commission on Population and Development on 7-11 April, the EU was not in a position to present a united position on sexual and reproductive health and rights.

The World Health Organisation defines sexual health as a state of physical, emotional, mental and social well-being in relation to sexuality. Reproductive health addresses the reproductive processes functions and system at all stages of life.

Sexual and reproductive health is safeguarded by sexual and reproductive rights. In the Beijing Platform for Action (1995) it is stated that those rights are based on human rights of equality and dignity and include the right to be informed of and to have access to safe, effective, affordable and acceptable methods of fertility regulation of their choice.

The European Parliament Resolution on sexual and reproductive health and rights of 4 December 2013 notes that ‘the formulation and implementation of policies on Sexual and Reproductive Health and Rights and on sexual education in schools is a competence of the Member States’.

Member States are responsible for the definition of their health services policy and for the organisation and delivery of health services and medical care. As such, sexual and reproductive rights fall under the exclusive responsibility of Member States.”

This is consistent with the views Mr. Borg expressed during the hearing evaluating his candidacy for the post of health commissioner.  During the hearing, he faced several pointed questions regarding his Catholic faith and his views on abortion and homosexuality.  Regarding abortion, he said the following:

“On other issues relating to abortion and other matters, these are matters to be exclusively decided by the member states.  When answering questions from those who want to liberalize this practice and those who want to restrict this practice, it has been the standard answer, and that will be my standard answer as well.”

Like Ms. Baldacchino, Mr. Borg comes from Malta, which is known for its strong pro-life laws.

Mr. Borg’s answer is also consistent with that of the EU Parliament, which adopted a document earlier this year including the following statement:

“Notes that the formulation and implementation of policies on SRHR and on sexual education in schools is a competence of the Member States;”

This document was accepted in place of the “Estrela report” which drew widespread grassroots protests from throughout Europe for its strongly pro-abortion position.  The rejected “Estrela report” said the following (emphasis added):

“Insists that SRHRs need to be rooted in existing international human rights instruments and key political consensus documents; regrets that the EU position formulated in preparation for the UN Conference on Sustainable Development (Rio+20), which recognised SRHRs as a cross-cutting issue key to other aspects of development, was not reflected in the final UN document due to the absence of a unified EU voice”

When it comes to abortion, the only consistent international position is that it remains highly controversial, both in Europe and elsewhere.

Share on Facebook
Share on Twitter