What are reproductive rights in the context of war and conflict?

By: Nur Syafiqah[1]

Reproductive rights encompass a range of issues related to the autonomy individuals have over their reproductive health, including access to contraception, family planning, and safe abortion services. These rights are fundamental to gender equality and essential for public health, particularly during times of peace. However, conflict disrupts access to these crucial services, undermining the well-being and autonomy of millions, particularly women and girls.

In conflict zones, healthcare facilities are often destroyed or rendered nonfunctional, leading to shortages of essential supplies and trained personnel. Displacement adds further challenges, as women are often left without access to basic healthcare and reproductive services. Even essential menstrual health products become difficult to obtain, compounding health risks and exacerbating gender inequalities in these contexts.

The international legal framework for reproductive health rights includes the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of Persons with Disabilities (CRPD), and the Committee on the Rights of the Child (CRC). These frameworks establish comprehensive standards to protect reproductive rights across all settings. Specifically, CEDAW mandates comprehensive strategies for promoting women’s health across their lifespan, a mandate that becomes critical in conflict settings where access to healthcare is often severely disrupted. 

The United Nations and affiliated bodies recognize the denial of reproductive rights as a form of reproductive violence, particularly when used to manipulate or control populations. Notably, international humanitarian law also holds that the deliberate denial or restriction of reproductive healthcare, such as withholding safe abortion or post-abortion care, can amount to torture or cruel treatment. This recognition places the issue of reproductive health in war and conflict zones as a matter not only of healthcare but of fundamental human rights and humanitarian law[2].

Political Exploitation of Reproductive Rights in Conflict

Reproductive rights can become tools for political gain in conflict zones, with governments and armed groups exploiting them for strategic purposes. Policies around reproductive health may be manipulated to serve demographic control or oppression, targeting certain groups to further political aims. This can involve using women and reproductive rights as tools of genocide, weapons of war, or means of asserting control.

For example, in Myanmar, the military has historically manipulated reproductive policies, such as pressuring women to "reproduce for the revolution," as a way to counter perceived threats to the ethnic majority. Meanwhile, restrictions were imposed to limit population growth within minority groups, mandating "birth spacing" laws that required women to wait three years between pregnancies. Such discriminatory practices shape women’s reproductive choices, eroding their autonomy and reinforcing societal control through the politicization of reproductive rights. 

In Nigeria, Boko Haram militants have captured women and girls, forcing them into marriage, subjecting them to physical abuse, and engaging in repeated sexual violence. Survivors rescued by the military are often given abortions against their will, as pregnancies resulting from rape are stigmatized and perceived as betrayals of community honor. These dangerous, often painful procedures are conducted without consent, demonstrating the intersection of forced reproductive control and the marginalization of women’s rights in conflict zones.

Humanitarian Crisis and Reproductive Health in Conflict Zones

The absence of reproductive healthcare in war zones constitutes a humanitarian crisis, disproportionately affecting women and children. Statistics reveal that 1 in 2 women who die during pregnancy or childbirth are in conflict zones, with maternal mortality rates more than 40 times higher than in stable settings. Such staggering figures underscore the urgent need for access to reproductive healthcare in these regions.

Without these services, reproductive health issues such as pregnancy complications, infections, and limited postnatal care put women’s lives at risk. Conflict also brings increased risks of sexual violence, leaving survivors with severe reproductive health consequences, including unintended pregnancies, forced pregnancies, and trauma. Ignoring these needs not only jeopardizes lives but also weakens the resilience of affected communities, as healthy families form the foundation of societal recovery and stability.

Unique Challenges Faced by Pregnant Women in War Zones

Pregnant women face additional challenges during conflicts, particularly in countries like Syria, Yemen and Palestine. The lack of access to healthcare, combined with stress and food insecurity, increases risks of complications such as low birth weight, stillbirth, and prematurity. With hospitals damaged or destroyed, women often lack access to skilled health personnel, and necessary supplies become scarce, intensifying the health risks associated with pregnancy and childbirth in these settings. 

For instance, in Palestine, particularly in Gaza, pregnant women frequently struggle to access adequate prenatal and delivery care due to movement restrictions, blockades, and limited functioning healthcare facilities. Delays at checkpoints often result in women giving birth en route to hospitals, sometimes in unsafe conditions, which heightens risks for both mother and child. 

Documenting Reproductive Violence as a Tool of Control

Reproductive violence is now recognized as a specific form of sexual and gender-based violence (SGBV), where interference with reproductive autonomy is used as a method of control or subjugation. Forced pregnancy, coerced abortion, forced sterilization, and enforced contraception are all forms of reproductive violence that violate individuals' rights and dignity. Destruction of reproductive healthcare infrastructure also falls under reproductive violence, as it denies essential services to those in need.

Documenting these forms of violence is essential for creating accountability. According to UN Women, investigative mechanisms now include specific mandates for examining reproductive violence as a form of SGBV in conflict zones. These efforts reveal how reproductive violence is not only a health issue but also a weaponized strategy to destabilize populations, prevent births, or force demographic shifts among certain groups[3]. This type of documentation has been instrumental in uncovering patterns of gender-based violence and holding violators accountable.

Policy Recommendations and Global Response

The international community must prioritize reproductive health as a fundamental human right, especially in conflict settings. Integrating reproductive health services into humanitarian responses is critical, as the United Nations emphasizes that these services are not merely auxiliary but essential to comprehensive healthcare. This approach involves ensuring access to contraceptives, safe abortion where legal, and postnatal care in emergency responses.

International mandates like CEDAW’s General Recommendation No. 24 outline strategies that nations should implement to protect women’s health, such as allocating adequate resources to reproductive healthcare. In conflict zones, this requires an active commitment to fund, establish, and protect reproductive health services, as well as to monitor and document violations rigorously.

Reproductive rights in conflict zones take on heightened importance due to the interplay of violence, political motives, and humanitarian needs. The denial of these rights not only places lives at risk but also perpetuates gender inequality and disrupts the stability needed for post-conflict recovery. International actors and humanitarian organizations must view reproductive health as an integral part of conflict response and recovery, and they should hold violators accountable under international law. Ensuring that reproductive services are included in all humanitarian aid efforts can foster more resilient communities and help secure a future where reproductive rights are upheld universally, even in the most challenging contexts.

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[1] SAHR Legal Intern, 2024

[2] UN Women, Research Paper on Documenting Reproductive Violence, 2024, p. 4.

[3] UN Women, Research Paper on Documenting Reproductive Violence, 2024, p. 6.