E/C.12/GC/22
remains a distant goal for millions of people, especially for women and girls, throughout
the world. Certain individuals and population groups that experience multiple and
intersecting forms of discrimination that exacerbate exclusion in both law and practice,
such as lesbian, gay, bisexual, transgender and intersex persons 5 and persons with
disabilities, the full enjoyment of the right to sexual and reproductive health is further
restricted.
3.
The present general comment is aimed at assisting State parties in their
implementation of the Covenant and fulfilling their reporting obligations thereunder. It
concerns primarily the obligation of States parties to ensure every individual’s enjoyment
of the right to sexual and reproductive health, as required under article 12, but is also
related to other provisions of the Covenant.
4.
In its general comment No. 14 (2000) on the right to the highest attainable standard
of health (article 12 of the International Covenant on Economic, Social and Cultural Rights),
the Committee has already addressed in part the issue of sexual and reproductive health.
Considering the continuing grave violations of this right, however, the Committee is of the
view that the issue deserves a separate general comment.
II. Context
5.
The right to sexual and reproductive health entails a set of freedoms and
entitlements. The freedoms include the right to make free and responsible decisions and
choices, free of violence, coercion and discrimination, regarding matters concerning one’s
body and sexual and reproductive health. The entitlements include unhindered access to a
whole range of health facilities, goods, services and information, which ensure all people
full enjoyment of the right to sexual and reproductive health under article 12 of the
Covenant.
6.
Sexual health and reproductive health are distinct from, but closely linked, to each
other. Sexual health, as defined by the World Health Organization (WHO), is “a state of
physical, emotional, mental and social well-being in relation to sexuality”.6 Reproductive
health, as described in the Programme of Action of the International Conference on
Population and Development, concerns the capability to reproduce and the freedom to make
informed, free and responsible decisions. It also includes access to a range of reproductive
health information, goods, facilities and services to enable individuals to make informed,
free and responsible decisions about their reproductive behaviour.7
Underlying and social determinants
7.
In its general comment No. 14, the Committee stated that the right to the highest
attainable standard of health not only included the absence of disease and infirmity and the
right to the provision of preventive, curative and palliative health care, but also extended to
the underlying determinants of health. The same is applicable to the right to sexual and
5
6
7
2
For the purpose of the present general comment, references to lesbian, gay, bisexual,
transgender and intersex persons include other persons who face violations of their rights on the
basis of their actual or perceived sexual orientation, gender identity and sex characteristics,
including those who may identify with other terms. For intersex persons, see fact sheet
available from https://unfe.org/system/unfe-65-Intersex_Factsheet_ENGLISH.pdf.
See WHO, Sexual Health, Human Rights and the Law (2015), working definition on sexual
health, sect. 1.1.
See Programme of Action of the International Conference on Population and Development,
chap. 7.