Protection of “the Right to Breastfeed” in Islam and International Human Rights System

Document Type : Research Paper

Authors

1 Assistant Professor of International Law, Bu Ali Sina University, Iran.

2 Assistant Professor of Islamic Jurisprudence & Law, Bu Ali Sina University, Iran.

Abstract

The results of medical research indicate that breastfeeding has positive effects on mental and physical health for both mothers and newborn babies. The Breast-feeding prevents mothers and children from getting many diseases. For this reason, policy-makers in the field of hygiene and health are seeking to promote breastfeeding in mothers. In the same vein, in different legal systems, including the Islamic law, there are some good rules for the protection of the right to breastfeed. In general, the human right to health and proper nutrition as a fundamental right, are stipulated in all human rights instruments and the violation of it has been considered as an “international crime” (Article 7 (2 b) and 8 (2-25) of the Statute of the International Criminal Court). However, the emphasis on the “right to feed a child by breastfeeding” as a human right has been limited to the doctrine level and international legal documents remain non-binding. Another challenge in this respect has been feminist perspectives on the matter over the past decades.

Keywords

Main Subjects


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