Breastfeeding Policies and Practices in an International Human Rights Context

Karen M. Kedrowski, Ph.D.Department of Political ScienceWinthrop UniversityRock Hill, South Carolina USAOxford Roundtable on Women’s RightsMarch 2008

A Right To Breastfeed?

Recognizing importance of breastfeeding to mothers and infants, advocates world wide have asserted a mother’s right to breastfeed.

Debating a child’s right to be breastfed. Looked to national law for protections. This paper will look at international treaties and

policy statements to determine whether they provide a basis to assert: Mother’s right to breastfeed and/or A child’s to be breastfed.

Importance of Breastfeeding

Humans are mammals; breast milk is babies’ “perfect food.”

Breastfed infants have lower risk of: Respiratory diseases Gastrointestinal diseases Autoimmune disorders Cancer

Mothers who breastfeed: Have lower risk of ovarian cancer, breast cancer, hip

fracture Suppressed ovulation More rapid return to pre-pregnancy weight

Breastfeeding Saves Lives

UNICEF estimates that 1.6 million infant deaths could be prevented each year.

WHO recommends: Exclusive breastfeeding for six months; Breastfeeding for minimum of two years; Continue indefinitely.

Breastfeeding Rates

Europe, Australia, New Zealand, Canada and portions of US: 70-90% initiation rate 15-30% at six months

Africa and Asia Nearly universal initiation rates At six months

20% Western and Central Africa 29% North Africa and Middle East 38% South Asia 41% Eastern and Southern Africa 43% East Asia and Pacific

Downward Trend

World wide declines since early part of 20th century.

Contributing factors: Hospital practices Development and marketing of commercial

infant formula Maternal employment outside the home Perception of formula as “modern” and

“scientific”

Exercising the Right

General Problem: Women in the public sphere: Western culture that sexualizes the breast –

taboos on public exposure Participation in public service Employment

Other special populations: Children with disabilities Mothers with HIV/AIDS Refugees Incarcerated mothers

Looking for Breastfeeding in Human Rights Law

Universal Declaration of Human Rights (1948) International Covenant on Economic, Social and

Cultural Rights (ICESCR) (1966) Convention on the Elimination of All Forms of

Discrimination Against Women (CEDAW) (1979) International Code of Marketing of Breast-milk

Substitutes (Code) (1981) Convention on the Rights of the Child (CRC) (1989) Innocenti Declaration (1990) Maternity Protection Convention (MPC) (2000

revision)

Key Findings: Women’s Right to Breastfeed

Right to breastfeed is not expressly articulated anywhere.

MPC (2000) calls for a right to breaks at work to express milk.

Innocenti Declaration asks countries to enact protective legislation at national level, but does not articulate an expressed right.

Code and ID: language of “empowerment” not “rights.”

Implied Right?

Several provisions in Universal Declaration, ICESCR, CEDAW could be interpreted as supporting a right.

Several provisions in the same could be interpreted as limiting the right.

Child’s Right to be Breastfed?

No right to be breastfed is expressly articulated anywhere.

Implied, especially in CRC passages asserting a right to “the highest attainable standard of health” and a “right to food.”

Calls for information about breastfeeding. Reaffirms parental rights in context of “best

interest of the child.”

Conclusions

International Community clearly wants women to breastfeed.

Limited expressed right. Women’s right to breastfeed implied,

although competing provisions suggest that it is not an unlimited right.

Competing language supports reason information, choice, and access.

Implications

Difficulty of a child’s right to be breastfed: Places mother and child in potential conflict Mandates behavior on part of mother Extreme asymmetry of power between adults

and infants Advocates argue that mothers and children

together have right to breastfeed. Infants’ own competing rights (incarcerated

mothers; HIV/AIDS) Right to breast milk instead?

Limitations

Abstract discussion that hides some practical dilemmas.

International law only binding on nations that ratify the treaties.

Breastfeeding is too narrow. Indicative of need to focus more generally on rights and wellbeing of women and children.

For more information:

Find this Presentation at http://faculty.winthrop.edu/kedrowskik/

For more information: kedrowskik@winthrop.edu