A/HRC/47/38
an enabling environment that facilitates the discharge of those responsibilities and promotes
respect for those rights. Health service providers should be subject to regulations to avoid
violations of sexual and reproductive health rights, for example, by obstructing access to
goods and services, engaging in misinformation48 or refusing care based on conscience or
religion. Their conduct must be consistent with human rights standards and their ethical
obligations as health-care professionals.
28.
The Working Group recognizes as a promising practice the constitutional recognition
of sexual and/or reproductive rights by some States and the integration of human rights
standards into national legislation and policy. The formal recognition of sexual and
reproductive health services as essential is also a promising practice, which, in some
countries, has been achieved through national courts49 and, in others, through the explicit
inclusion of those services in emergency-related responses. In cases in which sexual and
reproductive health services have been declared as essential only after the onset of a crisis,
implementation has suffered, in the absence of a coherent and comprehensive response and
the institutional mechanisms needed to support the design and implementation of such
measures with the participation of women.50
29.
WHO has called for the relaxation of certain requirements and the reduction of
barriers during COVID-19 in order to avoid delays in acquiring access to certain essential
sexual and reproductive health goods and services, including contraceptives and safe abortion
and post-abortion care.51 A promising practice by some States has been the expansion of
access to self-managed medical abortion, including through telemedicine. 52 The Working
Group notes that community-based midwifery can play a crucial role in responding to sexual
and reproductive health needs during a crisis, supplementing scarce human resources and
ensuring service coverage, in particular in remote areas, while allowing for an intercultural
approach to care, which is a crucial component of acceptable and good quality care in certain
communities.
3.
Lack of investment in sexual and reproductive health-care services and shortcomings
in foreign aid
30.
States’ failure to adequately prioritize the sexual and reproductive health rights of
women and girls is reflected in the lack of gender budgeting and financial investment in that
area, including in foreign aid, and it is further exacerbated by austerity and neoliberal
measures encompassing the privatization of public services. 53 Government spending on
sexual and reproductive health could double, at least in lower middle-income countries, if
countries were to increasingly prioritize health within their own budgets.54 Many States have
shown a lack of capacity or willingness to commit adequate resources to sexual and
reproductive health.55
31.
The Working Group is concerned about structural barriers linked to mismanagement
and corruption, ranging from bottlenecks that impede the flow of resources within States to
48
49
50
51
52
53
54
55
See Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017); and
Committee on the Elimination of Discrimination against Women, general recommendation No. 24
(1999).
See www.icj.org/wp-content/uploads/2020/11/Nepal-Right-to-health-Advocacy-analysis-brief-2020ENG.pdf.
See submissions by ASEAN Disability Forum and the Defensor del Pueblo of Argentina.
WHO, “Maintaining essential health services: operational guidance for the COVID-19 context”,
2020.
Submission by Centro de Estudios Legales y Sociales. See also Church et al, “Reproductive health
under COVID-19 – challenges of responding in a global crisis”, Sexual and Reproductive Health
Matters, vol. 28, No. 1.
See submission by AIDS and Rights Alliance for Southern Africa.
Partnership for Maternal, Newborn and Child Health and others, “Funding for sexual and
reproductive health and rights in low- and middle-income countries: threats, outlook and
opportunities”, 2019.
See A/HRC/39/26.
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