Call to the Inter-American Court to recognize care as a human right and its relationship to reproductive autonomy.

March 13, 2024, (PRESS RELEASE) – The Center for Reproductive Rights and Ipas LAC, with the support of other civil society organizations [1] make an urgent appeal to the Inter-American Court of Human Rights (IACHR) to recognize care as a human right, its interrelationship with the right to reproductive autonomy and to establish obligations for States to protect and guarantee it. This call is made in the context of a request for an advisory opinion made by the Argentine State to the Inter-American Court on the content and scope of the right to care and its interrelation with other rights, for which the organizations submitted written observations highlighting the need to recognize the disproportionate burden of care for women as a factor affecting their reproductive autonomy.

Care, understood as all those tasks necessary to sustain productive and reproductive life, is crucial for individual and community well-being. This includes everything from self-care and direct care of other people (children, the elderly and people with disabilities) to indirect care, through daily activities such as cooking and cleaning. Historically, these tasks have fallen on women and this has been reinforced by gender stereotypes that presuppose roles assigned to women. This disproportionate burden has continuously affected the effective enjoyment of their human rights.

The statistics are revealing: worldwide, women spend, on average, 3.2 times more time than men on caregiving tasks. In Latin America, the gap between men and women is even wider: men spend just over 7% of their time, while women spend almost 20% of their day on unpaid and unrecognized care work. The unequal distribution of care, with women assuming the greatest burden, perpetuates gender inequalities in all social and economic spheres; in other words, it puts women at a disadvantage. This is reflected in greater barriers for women to access the formal labor market, a greater wage gap, lower labor market insertion and greater informality in employment, as well as greater barriers to access positions of power and decision-making.

As a consequence of this inequality, we are facing a care crisis, as it is increasingly difficult for women to provide care without sacrificing their own development, autonomy and well-being.

“Each year, 33 million unwanted pregnancies occur in the world. Each of these pregnancies is an imposed maternity that affects, among other rights, the right to care for women and people with the capacity to bear children and the right of children to be cared for. To guarantee the right to care and to be cared for, States must guarantee reproductive autonomy through access to comprehensive sexuality education, adequate and accessible contraceptive methods and abortion services for those who wish to terminate their pregnancies”. said Fernanda Diaz de Leon, deputy director of Advocacy for Ipas Latin America and the Caribbean.

“The Inter-American Court has a unique opportunity to enshrine the right to care as an autonomous human right, highlighting its intimate connection with reproductive autonomy. We need to exercise care, in all its dimensions, in a free and uncoerced manner. That is why it is crucial to recognize and guarantee, among others, comprehensive sexual education, information on sexual and reproductive health, contraception methods, abortion and post-abortion services, as well as dignified living conditions. Care is essential for life, that is why this call is urgent”. said Carmen Cecilia Martinez, associate director of Legal Strategies for Latin America and the Caribbean at the Center for Reproductive Rights.

For the right to care to be guaranteed, it is necessary for States to provide the means for people to decide to care under equal conditions. This is achieved through policies such as paid parental leave, income transfers, adequate services and infrastructure, and other policies that seek to recognize, redistribute and reduce the disproportionate burden of care on women.

For example, today in the region only 14 countries guarantee the minimum number of weeks of paid maternity leave (14, according to the International Labor Organization) and only six countries provide more than 18 weeks of paid leave. Meanwhile, the longest paternity leaves barely reach 20 days (Mexico) and in some cases do not exceed two days (Argentina). This means that they bear the burden of caring for the newborn alone for almost the entire postpartum period, and this can have serious consequences for women’s development and well-being.

The request for an advisory opinion before the IACHR Court seeks to establish a legal framework that recognizes and protects the right to care as an integral part of human rights, as well as its interconnection with reproductive autonomy. The request emphasizes the importance of guaranteeing universal access to reproductive health rights and services, including safe and legal abortion, as a fundamental part of this right.

For this to become a reality, States must create inclusive policies that recognize and value unpaid care work, as well as support systems that allow all people to care for and look after themselves under equal conditions, considering those who face greater vulnerabilities: women with disabilities, rural, indigenous, rural and racialized women.

The right to care emerges as a determining factor in addressing gender inequalities and promoting the integral well-being of women and girls around the world. Recognizing and valuing care in all its forms is essential to achieve an equitable sharing of responsibilities between men and women, and to ensure the full development of individuals and communities.

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An advisory opinion recognizing the right to care

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