A/HRC/47/38
tax evasion and illicit financial flows that limit the resources of States to deliver public
services, including sexual and reproductive health services for women and girls. 56
32.
States are required under international human rights law to allocate adequate
budgetary, human and administrative resources to ensure the sexual and reproductive health
of women and girls without discrimination. 57 They have an immediate obligation to take
deliberate, concrete and targeted steps towards the realization of the right of women and girls
to sexual and reproductive health care and to act as expeditiously and effectively as possible,
by mobilizing domestic resources and, if needed, seeking international cooperation. 58
33.
The Working Group notes with concern that the priorities of donors often drive
interventions in situations of humanitarian crisis, 59 and gender equality is not always one of
them. Seven of the 11 top Government donors reportedly allocated only 2 per cent of funds
to targeted gender equality programming, although women and girls represent around 50 per
cent of the population in humanitarian settings.60 Sexual and reproductive health services are
typically not considered essential or urgent, despite the specific risks and vulnerabilities faced
by women and girls. Contraception, abortion and adolescent health are often not prioritized. 61
Menstrual health and pain management is barely addressed. In some cases, even maternity
care is reportedly not adequately funded or prioritized because it is not perceived as a
“humanitarian” concern.62 Survivors of violence are frequently left without access to crucial
goods and services, including emergency contraception, post-exposure prophylaxis, safe
abortion services and psychological counselling.63
34.
The “global gag rule” is a harmful policy instituted by a major donor country, which
has been applied on and off to international aid. It has produced catastrophic consequences
for women and girls and health systems in many developing countries, including an increase
in unplanned pregnancy and unsafe abortion, in addition to stigmatizing abortion, inhibiting
information about safe and legal abortion and stifling advocacy for law reform where
restrictions exist.64 Donor States and international actors have an obligation to comply with
human rights standards pertaining to sexual and reproductive health and must not exert their
influence to impose restrictions on information and services.65
4.
Lack of accountability for violations of the sexual and reproductive health rights of
women and girls
35.
The Working Group is deeply concerned about the widespread impunity for violations
of the sexual and reproductive health rights of women and girls. While some progress has
been made in investigating and prosecuting crimes of sexual violence in situations of
56
57
58
59
60
61
62
63
64
65
10
See A/HRC/28/73; and www.euro.who.int/en/data-and-evidence/evidence-informed-policymaking/publications/hen-summaries-of-network-members-reports/how-does-corruption-affect-healthcare-systems,-and-how-can-regulation-tackle-it#:~:text=There%20is%20growing%20evidence%20
that,the%20most%20vulnerable%20population%20groups.
Committee on the Elimination of Discrimination against Women, general recommendation No. 24
(1999); and Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000)
and general comment No. 22 (2016).
See Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000).
Neha Singh and others, “Delivering health interventions to women, children, and adolescents in
conflict settings: what have we learned from ten country case studies?”, The Lancet, vol. 397, No.
10273.
CARE, “Time for a better bargain: how the aid system shortchanges women and girls in crisis”, 2021.
Ibid.
See A/HRC/42/24.
See CEDAW/C/CAF/CO/1-5.
See submission by Global Justice Center; and Terry McGovern and Anand Tamang “Exporting bad
policy: an introduction to the special issue on the GGR’s impact”, Sexual and Reproductive Health
Matters, vol. 28, No. 3.
Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) and general
comment No. 22 (2016).
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