ABSTRACT

This chapter discusses the possibility of imposing a legal duty on men to practice both safe and contraceptive sex. Such a measure would serve to deter men from violating women's sexual and reproductive rights. Specifically, it would have a significant and quick impact on reducing the number of unwanted pregnancies, abortions, and deaths from them. The chapter views legal sanctions against men not as an end but as a means to change social norms and men's behavior with respect to sexual and reproductive issues. It proposes two possible legal formulations for imposing a legal duty on men to practice both safe and contraceptive sex; one is a "women's assertion" model, the other a "men's protection" model. In addition to the traditional moral view that reproductive issues are women's issues, this supposedly scientific gaze needs to be changed in the interests of attaining true equality between women and men.