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Hossein Raeisi

Perhaps at first glance, it may be thought that all humans have the right to make decisions about their own bodies. Where is the place for discussion and analysis in this area? Why is there such a debate or doubt about the personal right to existence or integrity of humans? As much as this issue may be assumed to be a spontaneous assumption in the initial attention, we will see that it has become a subject of various legal and social discussions due to its simplicity and ease; because violations of the integrity of human existence can be seen in various legal, social, cultural, psychological, and economic domains.

The modern concept of this right implies that all humans have the right to make decisions about personal health, bodily integrity, sexual relationships, and reproduction with freedom. No fear, concern, violence, or discrimination should be imposed on individuals in this situation to limit their right to control their own body.

In the traditional perspective, under the influence of religious, cultural and supremacist policies, racist or discriminatory elements have always been excluded from the current definition of this right. Since the acquisition of individual and social freedoms has entered the realm of theory and entered the policies of governments and national and international human rights laws, the concept of domination and ownership over the body has gradually entered the literature of legal rights.

Multiple examples of discrimination against humans, especially women, can be listed that lead to their lack of control over their own bodies. These include slavery, forced labor, human trafficking, child marriage, forced marriage, as well as the more significant issue of viewing motherhood as the essence of a woman’s existence, leading to forced sterilization and punishment for abortion.

In order to break free from incorrect definitions of the right to one’s body and to liberate oneself from any of the mentioned situations that lead to humans losing control over their bodies, numerous struggles have taken place and continue to take place. With the abolition of slavery, the peak of struggles for equality, efforts to eliminate class societies, women’s struggles for equal rights, and the development of discourse on gender justice, all have contributed to removing barriers to human understanding of the concept of the right to one’s body and recognizing the inherent right of humans to control their own destiny. In the traditional understanding of the right, the assumption of absolute control over one’s physical integrity was not possible because the human body was not considered property. However, since the right to ownership of one’s body is different from the right to ownership of objects in the general sense, the relationship between humans and their bodies is not similar to the relationship between humans and their possessions. Therefore, there is no need to seek tangible property in

By accepting this indisputable principle that humans are entitled to freedom and personal security, this right enables them to be protected from slavery, unfair discrimination, torture, and inhuman punishments on one hand, and on the other hand, it gives them the opportunity to have complete control over their own destiny. Without violating their physical and mental integrity, their right to freedom and personal security will not be guaranteed.

Various examples of ownership rights or individual possession rights over one’s physical integrity can be obtained in people’s lives. These include the following cases:

• The right to make decisions about one’s body and health.

• Having the right to control one’s own sexual life; without fear or worry of becoming a criminal.

• The right to choose a spouse or sexual partner; the desire or lack of desire to have children.

• The right to benefit from health; security and necessary education to guarantee this right.

• The right to choose to have or not have a child.

• And finally, the right to have access to safe abortion in a sanitary environment without fear and worry.

In the International Covenant on Civil and Political Rights, Part III, Articles 6 and beyond, there are examples of the denial of the right to freedom and personal security, including the prohibition of holding individuals in slavery, the deprivation of the right to life and the death penalty, torture and degrading treatment. All of these principles and any restrictions on the right to control one’s own body are considered violations. If forced sterilization can be considered an example of racism or targeted genocide, then forcing women to bear children can also be seen as a clear violation of the right to freedom and personal security. Therefore, the prohibition of abortion for women is equivalent to forcing them to bear children under any circumstances; which is seen as a denial of their control over their own bodies.

The main obstacle that exists against ensuring the right to control one’s own body for women is a definition that is presented from the fetus. For example, in Canadian law, the fetus is presumed to be human before birth, but is not considered a human being. However, in Islamic law and in Iran, based on this right, the fetus is considered a living human being; meaning that even before birth, it is considered a human and depriving it of the right to life is not permissible. Considering that the life of the fetus is not conceivable without the life of the mother, the right to life for the fetus is also not conceivable like a human being. From this logic, it can be inferred that the fetus itself does not have the right to an independent life from the mother and others, such as the father, government, or religion, cannot make a decision to “be” or “not be” for a being that does not have an independent nature without the consent of the mother.

Therefore, it is necessary to guarantee women’s right to have freedom and personal security before anything else; then, with respect to this right, a precise definition of the fetus and its relationship with its mother should be presented.

Currently in Iran, abortion is possible with the prescription and approval of a legal physician. Acceptance of this right means that if a mother is ill and her pregnancy poses a serious risk to her, abortion is possible under the name of therapeutic abortion with the prescription of a physician. The basis of this right is respect for health, safety, and personal freedom. This same basis can be extended to guarantee this right for women in cases of unwanted pregnancy. Forced and involuntary infertility also deprives individuals of their freedom and safety; forcing someone to have a child also deprives them of this same right.

In this regard, if we look at Canadian society, between 1869 and 1969, abortion was considered a crime for 100 years in this country, and in a short period of time, about 4,000 to 6,000 women lost their lives due to unsafe abortions. As a result, those who were at risk were able to obtain abortion with the approval of a doctor, and because women were at risk of unsafe abortions and this threatened their lives, the medical community in Montreal tried to help all women by establishing abortion clinics. As a result of his efforts to establish abortion clinics throughout Canada, abortion was declared legal in this country under any circumstances (quoted from the History of Abortion in Canada website).

The experience of Canada over the past fifty years – as one of the leading countries that has recognized this right – is the best example to help us understand that imposing restrictions on women’s bodies is not only a denial of their human rights, but also puts their lives at risk by resorting to illegal and unsafe abortions.

As a result of a precise definition of the right to freedom and personal security and the use of ethical-legal principles that are comprehensive and based on fundamental rights, a path can be paved for the acceptance of the right to bodily autonomy for women in Iran. With a fair interpretation of this right, women not only have the right to be protected from any type of coercion and force, whether physical or through fear of being punished for abortion, but they also have the right to freely choose motherhood.