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24 Envtl. Pol'y & L. 309 (1994)

handle is hein.journals/envpola24 and id is 309 raw text is: ENV1RO~JNAENTAL PoLIcY AI'JD LAW, 24/6 (1994) 309 International Conference on Population and Development by Royce A.Fincher* Held in Cairo from 5 to 13 September 1994 under U.N. auspices, the International Conference on Popula- tion and Development was the latest in a series of decennial conferences focused on population. It drew significant media attention surrounding the issue of abortion, but ultimately produced a document, its Pro- gramme of Action, which was unanimously joined in by the 173 nations in attendance, albeit with some comments and reservations. After refusing its consent to the princi- ple document produced by the World Population Confer- ence in Bucharest in 19742) and the International Confer- ence on Population in Mexico City in 1984,1) even the Vatican saw it politic in some way, to associate itself with the consensus, even if in an incomplete or partial manner,`' at this conference. Religious Debate Overcome The leadership acknowledged tremendous forces of entropy for which the media was probing constantly,' but claimed the abortion debate useful in focusing world attention on the issues, and the pulling together of the nations of the world on what were commonly agreed problems. The Conference fell far short of creating the general right to abortion sought by certain Western advocates - carefully avoiding creation of any new rights at all, e.g. to family reunification of refugees. Still, it recognised that abortion does exist, if only to stress prevention of unwanted pregnancies, and held out for commitment to reducing the health impact of unsafe abortion,6') ready access to information and counselling of women who have unwanted pregnancies, and family planning to reduce recourse to abortion.' While the Roman Catholic Church, unique among religions by virtue of the Holy See's status as an observer State in the United Nations, did not concede its position against contraception, sterilisation or the use of condoms in HIV/AIDS prevention programmes, it made its stand not on these issues but on abortion. The Vatican did so doubtlessly because of the clear consensus in the world community that the former are acceptable - because the world community is in agreement that there is a problem with population. In contrast it might be said that the Vatican and certain fundamentalist Protestant Christians, do not agree that there is a problem sufficient to force re-examination of their religious views, or to release consideration of the * J.D. LL.M., M.A., is an attorney active in population and environmental issues in California, USA. moral propriety of sexual practices to the individuals involved. The Vatican attempted to tap Islamic concerns with perceived sexual excesses in the West, particularly regarding abortion. But while opposing abortion, Islam is not trapped in such position by belief that life begins at conception. Rather, it begins with quickening. Thus, Islam permits abortion prior to quickening where recom- mended by physicians for the health of the mother. Moreover, Islam is no help as a doctrine against contraception, however its fundamentalist factions might aid the Vatican from a social perspective, for it is open to family planning achieved by contraception. Family plan- ning is a protection for a couple's sons and daughters, and not contrary to Koranic verses. Religion should not even attempt to structure rules or laws guiding spacing of children because they would not be effective. Better to teach the rules of the religion, leaving it to husband and wife to apply that religion to decisions regarding spacing of children for economic, psychological or social reasons known to and agreed upon by the couple alone.) Salient Themes Conference supporters were largely successful in mov- ing the debate on contraception from the moral arena to that of public health. The spirit of the document that emerged was free choice, a reiteration of the theme that such is a human right first asserted by, initially, twelve heads of state more than 25 years ago.' Attempting to avoid suggestion that any new right was being created by referencing certain human rights that are already recog- nised, the Programme of Action reiterated the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, adding the right to attain the highest standard of sexual and reproductive health.o) Having defined reproductive health to include sexual health for the enhancement of life and personal relations, and not merely counselling and care related to reproduction and sexually transmitted diseases, the term was deleted in most places else- where in the document as subsumed within reproductive health. This avoidance of repeated reference to sexual health made more palatable reference to the rights of couples and individuals, which some nations feared sanctioned homosexual rights. The focus was on a far more integrated approach than had previously prevailed. In 1974 at Bucharest, the rallying cry was that development is the best contracep- tive. In 1984 at Mexico City, making contraception available in the face of religious opposition and lack of 0378-777X/90/$3.50 @ 1994 lOS B.V. ENVIRONMENTAL POLICY AND LAw, 24/6 (1994) 309

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