Law n° 2005-18 of 5 August 2005
LAW No. 2005-18 of 5 August 2005 relating to reproductive health
EXPLANATORY STATEMENT
Procreation is a fundamental human right recognized to every human person. It is based on the
recognition of the fundamental right of all couples and individuals to decide freely and with
discernment the number of their children and the spacing of their births. It also implies the right
to have the necessary information, the right for everyone to better health and to the services
provided for this purpose.
Reproductive health services are not limited to providing advice and care relating to reproduction
and sexually transmitted infections, but also aim to improve the quality of life and interpersonal
relationships.
Since the 1980s, important achievements have been noted in our country. These have made it
possible in particular to redefine a new health policy that takes reproductive health into account.
Following the International Conference on Population and Development (CIPD) held in Cairo,
from September 5 to 13, 1994, many governments reaffirmed their commitment to the
development of population policies and reproductive health (RH) programs.
This Conference recommended that all countries strive to allow as early as possible, and no later
than the year 2015, access through their Primary Health Care network to health services in the
field of reproduction to all individuals. Thus the Government of Senegal began, in November
1996, a process of evaluation of its programs which resulted in the development of a National
Reproductive Health Program and the creation in 2001 within the Department of Health of a
Division of Reproductive Health.
Despite the efforts made by the Government to improve the reproductive health of the populations,
constraints, related in particular to the accessibility and quality of the services offered, as well as
the survival of socio-cultural factors remain.
Reproductive health also raises other issues relating to the protection of providers, the rights of
clients, the protection of people living with HIV and the deliberate transmission of the AIDS virus.
Moreover, the scattering of texts relating to Reproductive Health does not allow to have a clear
overview in order to fully understand the nature of the problems it poses. The present bill on
reproductive health aims to remove the obstacles and constraints identified in the field. It is
inspired by the model law on sexual and reproductive health and on family planning adopted in
Abidjan in June 1999 by the Forum of Arab and African Parliamentarians on Population and
Development (FPAAPD) and which aspires to contribute to harmonization of legislation on
Reproductive Health in West Africa. It also takes advantage of the recommendations and work of
the National Committee for the "Lifting of legal and non-legal barriers to the reproduction health”
set up in 1998 following the Cotonou Symposium on Legal Barriers to Reproductive Health.
As this project has provided for penal sanctions against those who will have transmitted the virus
to their consenting or non-consenting partners, it is necessary to submit them to the screening test.
This is why another paragraph is added to Article 16.
A void is thus filled. In fact, in the current state, no legislative or regulatory provision makes
screening compulsory, which remains a purely voluntary act.
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