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Ethical and legal issues in contraception

Convention of Elimination of All Forms of Discrimination against Women CEDAW

  • Adopted by the United Nations General Assembly, 18th December 1979, New York
  • By 1989, almost all 100 nations have agreed to be bound by its provision including Malaysia.
  • “State parties are obliged to develop and guarantee women`s rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights” (article 16.e)

How is Malaysia involved in CEDAW?

  • On 5th July 1995, Malaysia reaffirmed its commitment to provide certain basic human rights to women by acceding to the Convention.
  • Prior to that Malaysia had made reservations with respect to and does not consider itself bound by provisions of certain articles, which included the rights of women relating to marriage and family relations.

Contraceptive Prescription to Unmarried Persons

  • No Law in Malaysia prohibiting Provisions of Contraceptive to Unmarried Person. However, ministry of health facilities are bound to the ministry’s guidelines.
  • Prohibition of contraceptive to unmarried person are considered directly contravenes the CEDAW declaration.
  • Many private organizations are providing contraception in Malaysia without referring to marital status.
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