On protection of the reproductive health of citizens (LRU-528-son)

11.03.2019

Law of the Republic of Uzbekistan

Adopted by the Legislative Chamber on February 15, 2019 Approved by the Senate on February 28, 2019

Article 1. The purpose of this Law

The purpose of this Law is to regulate relations in the sphere of protection of the reproductive health of citizens.

Article 2. The legislation on protection of the reproductive health of citizens

The legislation on protection of the reproductive health of citizens consists of this Law and other legislative acts.

If an international treaty of the Republic of Uzbekistan provides for rules that differ from those stipulated by the legislation of the Republic of Uzbekistan on protection of the reproductive health of citizens, then the rules of the international treaty shall be applied.

Article 3. The reproductive health of citizens

The reproductive health of citizens means the state of physical, mental and social welfare of a person, related to their reproductive system, its functions, life processes that determine the ability of a person to give birth to a child.

Protection of the reproductive health of citizens provides for:

acquisition of full and accurate information about the reproductive health of citizens;

activities, procedures and services during the period of pregnancy, labor and postpartum that ensure carrying a pregnancy and giving birth without any complication or abnormalities;

prevention and treatment of diseases of the reproductive system;

prevention and treatment of sexually transmitted diseases;

safe induced termination of pregnancy, which helps to prevent possible complications and consequent malfunctions in the reproductive system;

acquisition of information about methods of contraception and access to them.

Article 4. The basic principles of this Law

The basic principles of this Law shall be as follows:

humaneness in solving reproductive problems;

equality of men and women in the sphere of protection of the reproductive health;

non-intervention in the private life of a citizen, non-disclosure of personal and family secrets;

ensuring accessibility and quality of medical services in the sphere of protection of the reproductive health of citizens;

ensuring the scope of services, guaranteed by the State, in the sphere of protection of the reproductive health of citizens.

Article 5. The main directions of the state policy in the sphere of protection of the reproductive health of citizens

The main directions of the state policy in the sphere of protection of the reproductive health of citizens shall be as follows:

development, approval and implementation of state and other programs in the sphere of protection of the reproductive health of citizens;

development and improvement of the system of protection of the reproductive health of citizens;

engrafting in people's mind sensible and responsible attitude to giving birth to healthy children;

creation of conditions ensuring equal opportunities for men and women in realization of their reproductive rights;

state support of scientific research, implementation of modern methods and technologies to improve the reproductive health of citizens;

increasing medical knowledge and medical culture of citizens in the sphere of protection of the reproductive health;

ensuring training, retraining and advanced training of workers in the sphere of protection of the reproductive health of citizens;

providing medical and social, as well as psychological, assistance to citizens in realization of their reproductive rights.

Article 6. State guarantees of performance of reproductive rights of citizens

The State shall guarantee the following to its citizens:

protection of their reproductive health and realization of their reproductive rights;

accessibility and continuity of services in the sphere of protection of the reproductive health of citizens;

the ability to make decisions on forming a healthy family without discrimination, threats and violence;

non-intervention in their private life, non-disclosure of personal and family secrets;

free of charge primary health care;

realization of their reproductive rights as their own decision.

Services on protection of the reproductive health of citizens shall be rendered by medical organizations that work in the sphere of protection of the reproductive health.

Article 7. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the sphere of protection of the reproductive health of citizens

The Cabinet of Ministers of the Republic of Uzbekistan shall:

ensure implementation of the state policy in the sphere of protection of the reproductive health of citizens;

ensure development, approval and implementation of state programs in the sphere of protection of the reproductive health of citizens;

coordinate activities of public authorities and other organizations in the sphere of protection of the reproductive health of citizens;

determine the scope of services, guaranteed by the State, in the sphere of protection of the reproductive health of citizens.

Article 8. Powers of the Ministry of Health of the Republic of Uzbekistan in the sphere of protection of the reproductive health of citizens

The Ministry of Health of the Republic of Uzbekistan shall:

implement a unified state policy in the sphere of protection of the reproductive health of citizens;

develop and implement state and other programs in the sphere of protection of the reproductive health of citizens;

participate in preparation of normative legal acts in the sphere of protection of the reproductive health of citizens;

develop and submit proposals on determination of the scope of services, guaranteed by the State, in the sphere of protection of the reproductive health of citizens;

ensure training, retraining and advanced training of workers in the sphere of protection of the reproductive health of citizens;

identify measures on development of the system of protection of the reproductive health of citizens and provision of services for protection of the reproductive health;

conduct awareness-raising activities to increase medical knowledge and medical culture of citizens in the sphere of protection of the reproductive health;

approve the procedure of the use of assisted reproductive technologies, the list of guaranteed services, indications, counter indications and restrictions for their use;

regulate and supervise the activity of medical organizations that use methods of assisted reproductive technologies;

establish the procedure and conditions for the induced termination of pregnancy, the list of medical indications for the induced termination of pregnancy;

establish the procedure and conditions for conducting operative contraception.

Article 9. Powers of local public authorities in the sphere of protection of the reproductive health of citizens

Local public authorities shall:

ensure execution of the legislation on protection of the reproductive health of citizens;

ensure development, approval and implementation of local programs in the sphere of protection of the reproductive health of citizens;

coordinate activities of local subdivisions of the corresponding public authorities in the sphere of protection of the reproductive health of citizens;

ensure supervision over the quality of provided medical treatment, including in the sphere of protection of the reproductive health of citizens, at medical institutions of the corresponding territory.

Article 10. Reproductive rights of citizens

Citizens shall have the right to:

make their own decisions on the issues connected with giving birth to their children with the use of safe and efficient reproductive technologies;

obtain full and accurate information about their reproductive health;

access the safe ways of birth control and use the contraception;

use medical preventive services and be protected from substances and procedures that may be harmful for their health, including from scientific experiments;

receive medical and social, as well as psychological, assisstance and information in course of realization of their reproductive rights;

use assisted reproductive technologies.

Legal entities and individuals shall keep secret the information related to realization of the reproductive rights by citizens.

Article 11. Protection of the reproductive health of women

Protection of the reproductive health of women shall include the following:

obtaining full and accurate information about their reproductive health, methods of fertility treatment and contraception;

ensuring access to the services in the sphere of protection of the reproductive health;

getting medical consultations and services concerning the issues of the reproductive health, confidentially.

A woman shall have the right to receive social support from the State and undergo fertility treatment, have her reproductive health protected before pregnancy, during pregnancy, in labor and postpartum, with the use of modern methods of treatment.

During the period of pregnancy, medical interventions shall be allowed upon written consent of both spouses, in case of absence of a husband — upon consent of a woman, or upon consent of parents or other legal representatives in situations with minority status or disability.

In case of refusal of medical intervention with indication of possible consequences, it shall be registered in medical documents and confirmed in writing by a pregnant woman, if it is impossible — by her husband or her relatives, and if it is impossible to obtain the written refusal of medical intervention — by the conclusion of the case conference.

A woman shall not be compelled to pregnancy, induced termination of pregnancy or contraception.

Article 12. Protection of the reproductive health of men

Protection of the reproductive health of men shall includethe following:

obtaining full and accurate information about their reproductive health, methods of fertility treatment and contraception;

ensuring access to the services in the sphere of protection of the reproductive health;

fertility treatment with the use of new medical technologies, including assisted reproductive technologies, as well as minimally invasive (less traumatic) interventions;

getting medical consultations and services concerning the issues of the reproductive health, confidentially.

Article 13. Protection of the reproductive health of minors

Protection of the reproductive health of minors shall include the following:

organization and conduction of preventive medical activities, inter alia, aimed at detection of abnormalities in reproductive organs and hereditary diseases;

conduction of activities on sex education and preparation for family life;

educational work and provision of information on the issues related to the reproductive health.

Medical intervention in the questions of the reproductive health shall be performed upon informed willful consent of a minor and their legal representative. In case a medical intervention is necessary to save the life and health of a minor and it is impossible to receive consent from a minor and their legal representative, this medical intervention shall be performed under a conclusion of the case conference.

Upbringing, educating and informing minors in the questions of protection of the reproductive health, preparing them to family life shall be performed, respectively, in the family, educational and medical institutions.

Education in the questions of the reproductive health, including sex education, shall be conducted based on approved special curricula, developed jointly by education authorities and government health agencies, with regard to the age, psychological and physical peculiarities of minors, and in close cooperation with their families. Educational work shall be conducted by the specialists with the relevant medical background.

Services in the sphere of protection of the reproductive health of minors shall be guaranteed by the State and be free of charge.

Provision of information in the sphere of protection of the reproductive health of minors shall be anonymous and confidential.

Article 14. Information on the reproductive health of citizens

The information on the reproductive health of citizens shall include the following data:

the state of reproductive health;

conditions and methods of receiving services of the reproductive health protection;

modern contraception methods, their advantages and disadvantages;

any psychological and physiological consequences, possible complications connected with the use of assisted reproductive technologies.

Information on the reproductive health shall be full and accurate.

Article 15. Use of assisted reproductive technologies

Assisted reproductive technologies are medical technologies, treatment methods and procedures aimed at achieving pregnancy, in which some or all the stages of conception take place outside the body of a woman.

The procedure of application of assisted reproductive technologies shall be determined by the Ministry of Health of the Republic of Uzbekistan.

Article 16. Preventive measures for protection of the reproductive health of citizens

Preventive measures for protection of the reproductive health of citizens shall include the following:

identifying the risk of abnormalities in the reproductive health of citizens, including factors of the environment and production factors;

conducting necessary preventive medical examination (preliminary and periodic) of citizens with the aim of detecting and treating abnormalities in the reproductive health;

informing citizens of the reproductive age and pregnant women about risks of abnormalities in the reproductive health and rehabilitation;

covering education and scientific programs on protection of the reproductive health of citizens in the media;

creating the system of motivation of citizens to lead healthy life and participate in preventive activities, primarily by popularization of the lifestyle that promotes preservation and improvement of the reproductive health of citizens;

annual physical examination of the population, including children and teenagers, with identification of groups with higher risk of development of socially important diseases, diseases of organs of the reproductive system, and development of individual programs of preventive measures;

improvement of medical genetic assistance to citizens, implementation of modern perinatal technologies for early diagnostics of fetal abnormalities.

Article 17. Use of contraception

Citizens shall have the right to choose contraception methods, use or refuse to use them.

Citizens shall receive medical assistance in individual selection of contraception methods with regard to their health state, age and personal traits, with prevention of possible negative consequences.

Citizens shall have the right to voluntarily use the operative contraception method.

Operative contraception shall be performed only after prior informing and upon receiving the consent of a legally capable adult person or spouses, or legal representatives in case of disability of a person.

Article 18. Induced termination of pregnancy

Induced termination of pregnancy shall be done:

upon the will of a woman during the first twelve weeks of pregnancy;

under medical indications endangering the life of a pregnant woman — at any time regardless of the gestation age.

Medical institutions shall inform the woman, who decided to terminate her pregnancy or refuses to do a therapeutic abortion, about possible negative consequences for her health.

Article 19. Keeping medical confidentiality and information confidentiality when applying assisted reproductive technologies

The information about the use of assisted reproductive technologies, as well as personal data of participants of programs of assisted reproductive technologies, shall be considered as medical secrecy, and shall be confidential.

Persons, who obtained the information that constitutes medical confidentiality during their studies, performance of their professional, official or other duties, except for the cases stipulated in Part Three of this Article, shall be allowed to disclose this information only upon consent of the citizen or their legal representative.

It shall be allowed to disclose information that constitutes medical confidality without consent of a citizen or their legal representative in the following cases:

when examining and treating a person, who is incapable of expressing their will due to their state;

when there is a risk of spread of infectious diseases;

upon requests of agencies of inquiry, investigative agencies and prosecution agencies, as well as the court, in connection with carrying out an investigation or judicial proceedings.

Article 20. Dispute resolution

Disputes arising in the sphere of protection of the reproductive health of citizens shall be resolved according to the procedure, stipulated by the legislation.

Article 21. Liability for violation of legislation on protection of the reproductive health of citizens

The persons guilty of violation of legislation on protection of the reproductive health of citizens shall be held liable in accordance with the established procedure.

Article 22. Ensuring the execution of this Law, its communication, and explanation of its essence and meaning

The Ministry of Health, the Ministry of Justice of the Republic of Uzbekistan and other involved organizations shall ensure the execution of this Law, its communication to the executors, and explanation of its essence and meaning among the population.

Article 23. Bringing the legislation in line with this Law

The Cabinet of Ministers of the Republic of Uzbekistan shall:

bring government decisions in line with this Law;

ensure that state administration bodies review and abolish their normative legal acts that are contrary to this Law.

Article 24. Entry of this Law into force

This Law shall enter into force from the day of its official publication.

The President of the Republic of Uzbekistan Sh. MIRZIYOYEV

Tashkent city,

March 11, 2019,

No. LRU-528