MOTION FOR A RESOLUTION on 25 years after the Beijing Declaration and Platform for Action: challenges ahead for women’s rights

B9‑0113/2021

European Parliament resolution on 25 years after the Beijing Declaration and Platform for Action: challenges ahead for women’s rights

(2021/2509(RSP))

The European Parliament,

– having regard to the Universal Declaration of Human Rights of 10 December 1948,

– having regard to the UN Declaration on the Rights of the Child of 1959,

– having regard to the UN Convention on the Rights of the Child of 1989,

– having regard to the Programme of Action adopted at the International Conference on Population and Development (ICPD) in Cairo, 5-13 September 1994, and, in particular, to point 8.25 thereof,

– having regard to the Declaration and Platform for Action adopted at the fourth World Conference on Women in Beijing, 4-15 September 1995,

– having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Article 168(7) thereof,

– having regard to its resolution of 10 December 2013 on Sexual and Reproductive Health and Rights (SRHR)[1],

– having regard to Commissioner Helena Dalli’s statement of 25 November 2020 that ‘the EU has no competence on abortion rights within a Member State’,

– having regard to Rule 132(2) of its Rules of Procedure,

A. whereas the preamble of the UN Convention on the Rights of the Child, following the UN Declaration of the Rights of the Child, affirms that ‘the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth’;

B. whereas point 8.25 of the ICPD states that ‘in no case should abortion be promoted as a method of family planning’;

C. whereas Article 168(7) of the TFEU states that ‘Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care. The responsibilities of the Member States shall include the management of health services and medical care and the allocation of the resources assigned to them’;

D. whereas Parliament affirmed on 10 December 2013 that ‘the formulation and implementation of policies on SRHR and on sexual education in schools is a competence of the Member States’;

1. Appreciates the fact that the Beijing Declaration and Platform for Action adopted at the 4th World Conference on Women in 1995 dealt with a number of problems of the utmost importance for women across the world, such as poverty, education, health, armed conflicts, violence (including female genital mutilation, forced marriages and forced abortion) and decision-making, among others, which still constitute huge challenges on the way to achieving just and prosperous societies, and that many of its recommendations merit proper implementation;

2. Notes that in spite of a wide range of issues having been covered by the Beijing Platform for Action, it has become famous mostly for its subsequent interpretations to the effect that banning abortion leads to illegal abortions which are therefore not performed safely, and that ultimately this constitutes a violation of human rights; in this regard, stresses paragraph 9 of the Platform, which states: ‘The implementation of this Platform, including through national laws and the formulation of strategies, policies, programmes and development priorities, is the sovereign responsibility of each State’;

3. Recalls that the programme of action adopted at the ICPD, one year prior to the conference in Beijing, controversially introduced the idea of SRHR; notes, however, that in point 8.25, it stated that ‘in no case should abortion be promoted as a method of family planning’, and further that ‘any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process’;

4. Points out that there is no international law instrument which explicitly recognises the right to abortion or to SRHR, although some international conferences organised under the auspices of the United Nations have been used to promote them as if they were sources of international law comparable to treaties;

5. Reiterates that the formulation and implementation of policies on SRHR is an exclusive competence of the Member States according to the Treaties;

6. Instructs its President to forward this resolution to the Commission, the Council and the governments and parliaments of the Member States.