Female Reproduction and Sexuality: The Impact of Gender Stereotypes on Women’s Rights in International Jurisprudence

The female role in reproduction generates and fuels stereotypes on women’s position as mothers, on their resulting situation in society and on their sexuality. The paper aims to consider how the European Court of Human Rights and UN human rights bodies have screened the impact of gender stereotypes on women’s fundamental rights, dealing with three main profiles. First, it focuses on fertility as a ‘qualitative standard’ and on the specific violations to which girls and women are subjected, due to their reproductive capacity. Second, it considers stereotypes affecting women when accessing reproductive health services. Third, it deals with preconceptions about female sexuality, which—along with other biases—constitute a serious obstacle to the recognition of equality between the sexes. In conclusion, it argues that the capacity to give birth explains the centrality of reproductive rights for women. While these rights belong to all couples and individuals, they have the greatest meaning and impact on women: only by being able to take free, informed and responsible choices about sexuality and reproduction, women can fully exercise their rights to life, health, education and be free from torture and other forms of ill-treatment.