1. Breastfeeding Policies and Practices in an International Human Rights Context Karen M. Kedrowski, Ph.D. Department of Political Science Winthrop University Rock Hill, South Carolina USA Oxford Roundtable on Women’s Rights March 2008

2. 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.

3. 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

4. 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.

5. 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

6. Downward Trend World wide declines since early part of 20 th century. Contributing factors:  Hospital practices  Development and marketing of commercial infant formula  Maternal employment outside the home  Perception of formula as “modern” and “scientific”

7. 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

8. 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)

9. 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.”

10. 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.

11. 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.”

12. 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.

13. 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?

14. 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.

15. For more information: Find this Presentation at http://faculty.winthrop.edu/kedrowskik/ http://faculty.winthrop.edu/kedrowskik/ For more information: kedrowskik@winthrop.edu kedrowskik@winthrop.edu