14; WHO, Essential Medicines List (18th ed. [34]See CESCR, General Comment No. 30. States parties must put in place laws, policies and programmes to prevent, address and remediate violations of all individuals’ right to autonomous decision-making on matters regarding their sexual and reproductive health, free from violence, coercion and discrimination. General Comment No 2. General comments constitute an authoritative interpretation as to what is expected of States parties as they implement the obligations contained in the CRC. A). Women’s experiences of systemic discrimination and violence throughout their lives require comprehensive understanding on the concept of gender equality in the right to sexual and reproductive health. 20. Women’s right to sexual and reproductive health is indispensable to their autonomy and their right to make meaningful decisions about their lives and health. The right to freedom of thought, conscience and religion (which includes the Elements of the Right to Sexual and Reproductive Health, 11. 39. Individuals belonging to particular groups may be disproportionately affected by intersectional discrimination in the context of sexual and reproductive health. States should focus on ensuring that all individuals and groups are effectively enjoying their right to sexual and reproductive health on a substantively equal basis. General Comment No. The realization of women’s rights and gender equality, both in law and in practice, requires repealing or reforming the discriminatory laws, policies and practices in the area of sexual and reproductive health. [33] States must recognize and take measures to rectify entrenched social norms and power structures that impair the equal exercise of their right, such as the impact that gender roles have on the social determinants of health. National and donor states must refrain from censoring, withholding, misrepresenting or criminalizing information on sexual and reproductive health,[36] both to the public and to individuals. Physical accessibility should be ensured for all, especially persons belonging to disadvantaged and marginalized groups, including, but not limited to, persons living in rural and remote areas, persons with disabilities, refugees and internally displaced persons, stateless persons and persons in detention. 12).(2000). The purpose of this General Comment is to give the meaning and scope of these rights and explain the corresponding obligations of the States parties to the Charter for their implementation. The obligation to respect also requires States to remove and refrain from enacting laws and policies that create barriers in access to sexual and reproductive health services. General Comment/recommendation. 14; CEDAW, General Recommendation No. Gender-based stereotypes, assumptions and expectations of women as men’s subordinates and of women’s role as only caregivers and mothers in particular, are obstacles to substantive gender equality including the equal right to sexual and reproductive health and need to be modified or eliminated, as does men’s role only as heads of the household and breadwinners. [18] European Committee on Social Rights, IPPF v Italy, 2014. 31. Since then, international and regional human rights standard… Such information must be provided in a manner consistent with the needs of the individuals and community, taking into consideration, for example, age, gender, language ability, educational level, disability, sexual orientation, gender identity and intersex status. 1. [36] CESCR, General Comment No. 3. Special Topics of Broad Application. 22 (2016) on the Right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights), 10. 83 (5) lit b => Dossier: Automated Decision In Individual Cases, Profiling 1. Non-discrimination, in the context of the right to sexual and reproductive health, also encompasses the right of all persons, including LGBTI persons, to be fully respected for their sexual orientation, gender identity and intersex status. Seemingly neutral laws, policies and practices can perpetuate the already existing gender inequalities and discrimination against women. The main objectives of the GC 1 are to strengthen understanding of Article 30 of the African Charter on the Rights and Welfare of the Child (the Charter) and to define the legislation, policy and practice necessary to achieve its full implementation. 51. Laws and policies that indirectly perpetuate coercive medical practices further violate this duty, including incentive or quota-based contraceptive policies and hormonal therapy, surgery or sterilization requirements for legal recognition of one’s gender identity. States parties have an obligation to respect, protect and fulfil the right to sexual and reproductive health of everyone. Violations of the obligation to respect occurs where the State through laws, policies, or actions undermine the right to sexual and reproductive health, and includes State interference with an individual’s freedom to control his or her own body and ability to make free, informed and responsible decisions in this regard. The elimination of de jure as well as de facto discrimination is required for the equal enjoyment of the right to sexual and reproductive health.[46]. [16] CESCR General Comment No. Comments on Article 22 from monograph by Jacob S. Ziegel [Canada] Comments on Article 22 by E. Allan Farnsworth [U.S.] in 1987 Bianca-Bonell Commentary on the International Sales Law; Comments on Article 22 by John O. Honnold [U.S.] in the 3rd ed. As reaffirmed in its General Comment No. Banning or denying access in practice to sexual and reproductive health services and medicines, such as emergency contraception, also violates the obligation to respect. [44] WHO Model List of Essential Medicines, s. 18.3. 42. [41] See CESCR, General Comment No. [42] For example, ICPD beyond 2014; CEDAW’s decisions on Communication No. A … 25. The duty to protect requires States to put in place and implement laws and policies prohibiting conducts by third-parties that cause harm to physical and mental integrity or undermine the full enjoyment of the right to sexual and reproductive health, including the conduct of private healthcare facilities, insurance, and pharmaceutical companies and manufacturers of health-related goods and equipment. Removal of all barriers interfering with women’s access to comprehensive sexual and reproductive health services, goods, education and information is required. 32. Social misconceptions, prejudices and taboos about menstruation, pregnancy, delivery, masturbation, wet dreams, vasectomy and fertility should be modified so that these would not obstruct individual’s enjoyment of the right to sexual and reproductive health. Such steps should be deliberate, concrete and targeted, using all appropriate means, particularly including, but not limited to, the adoption of legislative and budgetary measures. States must effectively monitor and regulate specific sectors, such as private health care providers, health insurance companies, educational and child-care institutions, institutional care facilities, refugee camps, prisons and other detention centres, to ensure that they do not undermine or violate individuals’ enjoyment of the right to sexual and reproductive health. [27] See the report of UN Secretary-General, Framework of Actions for the Follow-up to the Programme of Action of the International Conference on Population and Development Beyond 2014, A/69/62. The Committee has also developed a short guide to GC1 to ease its understanding and use by children rights practitioners. 14: The Right to the highest attainable standard of health (art. 54. link Ar link Ch link Sp link En link Ru link Fr: 31. States Parties to the present Charter shall, in accordance with their obligations under international humanitarian law, protect the civilian population in armed conflicts and shall take all feasible measures to ensure the protection and care of children who are affected by armed conflicts. [15]  CESCR General Comment No. General Comment No. Non-discrimination on the basis of sex, as guaranteed in Article 2.2, and women’s equality guaranteed in Article 3 of the Covenant, require the removal of not only direct discrimination but also indirect discrimination and ensuring of formal as well as substantive equality. Publicly or privately provided sexual and reproductive health services must be affordable for all. 49. 17/2008, Alyne daSilva Pimentel Teixeira (deceased) v. Brazil and Communication No. They should cooperate effectively with States parties, building on their respective expertise in relation to the implementation of the right to sexual and reproductive health at the national level, with due respect to their individual mandates, in collaboration with the civil society.[45]. 20. 5 (CRC/C/GC/2003/5, paras 18-23), States parties to the Convention have to ensure that the provisions and principles of the treaty are fully reflected and given legal effect in relevant domestic legislation. It guides State Parties and other actors by explaining the kinds of measures that should be undertaken to discharge the obligations enshrined in the Charter. The General Comment also intends to guide national human rights institutions, non-state actors, businesses, and civil society in their work, as well as to assist non-state actors to hold their governments to account for the fulfillment of children’s rights as provided in the African Children’s Charter. This includes the failure to prohibit and take measures to prevent all forms of violence and coercion committed by private individuals and entities, including domestic violence, rape including marital rape, and sexual assault, abuse and harassment, including during conflict, post-conflict and transition situations, and including violence targeting LGBTI persons or women seeking abortion or post-abortion care; harmful practices such as female genital mutilation; child and forced marriages; forced sterilization, forced abortion and forced pregnancy; and medically unnecessary, irreversible and involuntary surgery and treatment performed on intersex infants or children. 24 & 31(c); Interim report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, UN Doc. 16, para. 38; Beijing Declaration and Platform for Action (1995), E. Women and Armed Conflict, para. The General Assembly shall elect six other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution. 13. It contains the essence of the implementation obligation of State Parties, taking account of regional specificities, good practice, and matters of particular concern to the Committee as regards the fulfillment of children’s rights in Africa. HRI/GEN/1/Rev.1 at 38 (1994). State parties also have an obligation to combat homophobia and transphobia, which lead to discrimination, including violation of the right to sexual and reproductive health. 15: The right of the child to the highest attainable standard of health (art. 1. [43] The core obligations include at least the following: (a)         To repeal or eliminate laws, policies and practices that criminalize, obstruct or undermine individual’s or particular group’s access to sexual and reproductive health facilities, services, goods and information; (b)        To adopt and implement a national strategy and action plan, with adequate budget allocation, on sexual and reproductive health, which is devised, periodically reviewed and monitored through a participatory and transparent process, disaggregated by the prohibited grounds of discrimination; (c)         To guarantee universal and equitable access to affordable, acceptable and quality sexual and reproductive health services, goods and facilities, in particular for women and disadvantaged and marginalized groups; (d)        To enact and enforce the legal prohibition of harmful practices and gender-based violence, including female genital mutilation, child and forced marriages and domestic and sexual violence including marital rape, while ensuring privacy, confidentiality and free, informed and responsible decision-making, without coercion, discrimination or fear of violence, on individual’s sexual and reproductive needs and behaviours; (e)         To take measures to prevent unsafe abortions and to provide post-abortion care and counselling for those in need; (f)         To ensure all individuals and groups have access to comprehensive education and information on sexual and reproductive health, that is non-discriminatory, non-biased, evidence-based and taking into account the evolving capacities of children and adolescents; (g)        To provide medicines, equipment and technologies essential to sexual and reproductive health, including based on the WHO Essential Medicines List[44]; and. See also CESCR General Comment No. It is also reflected in other international human rights instruments. Most importantly it describes what ‘legislative and other measures’ entail under article 1 of the Charter which requires State Parties to take such measures. The Committee on the Rights of the Child has drafted this general comment to outline States parties’ obligations to develop and implement “general measures of implementation”. 24. This general comment replaces general comment 7 (the sixteenth session, 1982) reflecting and further developing it. This is because large numbers of children in Africa are orphaned or living separated from their parents but may still require the protections guaranteed in Article 30. https://unfe.org/system/unfe-65-Intersex_Factsheet_ENGLISH.pdf. It is also important that the right to sexual and reproductive health is enshrined in laws and policies and is fully justiciable at the national level, and that judges, prosecutors and lawyers are made aware of that such a right can be enforced. 20:Non-discrimination in economic, social and cultural rights (art. [4] United Nations, Transforming Our World: The 2030 Agenda for Sustainable Development, adopted by the UN General Assembly in Sept. 2015, which contains Goal 3: Ensure healthy lives and promote well-being for all at all ages and Goal 5: Achieve gender equality and empower all women and girls. Global Webinar on Peaceful (and not so peaceful) assemblies: A fresh look at the international standards. For example, the right to sexual and reproductive health, combined with the right to education (articles 13 and 14) and the right to non-discrimination and equality between men and women (articles 2.2 and 3), entail a right to education on sexuality and reproduction that is comprehensive, non-discriminatory, evidence-based, scientifically accurate and age appropriate. 23. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. States must prohibit and prevent private actors from imposing practical or procedural barriers to health services, such as physical obstruction from facilities, dissemination of misinformation, informal fees and third-party authorization requirements. 64. States Parties to the present Charter shall, in accordance with their obligations under international humanitarian law, protect the civilian population in armed conflicts and shall take all feasible measures to ensure the protection and care of children who are affected by armed conflicts. This General Comment aims to assist State parties’ implementation of the International Covenant on Economic, Social and Cultural Rights and fulfilment of their reporting obligations under the Covenant. 53, UN Doc. [28] See the report of UN Secretary-General, Framework of Actions for the Follow-up to the Programme of Action of the International Conference on Population and Development Beyond 2014, A/69/62; WHO, Safe Abortion: Technical and Policy Guidance for Health System, 2nd ed. This includes the prohibition of violence and discriminatory practices, such as the exclusion of particular individuals or groups from the provision of sexual and reproductive health services. Equality between Women and Men and Gender Perspective. 33. 26. 14:The right to the highest attainable standard of health (article 12) (2000); CRC, General Comment No. 50. International cooperation and assistance are a key element of article 2.1 of the Covenant and are crucial for the realization of the right to sexual and reproductive health. States have an obligation to ensure that private health insurance companies do not refuse to cover sexual and reproductive health services. States parties should provide health services that are sensitive to the particular needs and human rights of all adolescents. The adoption of the Programme of Action of the International Conference on Population and Development in 1994 further highlighted reproductive and sexual health issues within the human rights framework. 4 of the CMW and No. 29. General Comment No. States must ensure that individuals are not subject to harassment for exercising their right to sexual and reproductive health. Article 25 of the Covenant recognizes and protects the right of every citizen to take part in the window.dataLayer = window.dataLayer || []; 11. This requires trained and skilled healthcare personnel and scientifically approved and unexpired drugs and equipment. A wide range of laws, policies and practices undermine the autonomy and right to equality and non-discrimination in the full enjoyment of the right to sexual and reproductive health, for example criminalization of abortion or restrictive abortion laws. The failure or refusal to incorporate technological advancements and innovations in the provision of sexual and reproductive health services, such as medication for abortion,[22] assisted reproductive technologies, and advancements in the treatment of HIV and AIDS, jeopardizes the quality of care. In compliance with article 2.1, States that are not able to comply with their obligations and cannot realize the right to sexual and reproductive health due to a lack of resources must seek international cooperation and assistance. For example, persons with disabilities should be able to enjoy not only the same range and quality of sexual and reproductive health services but also those they would need specifically because of their disabilities.
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