A/HRC/47/38
24.
Legal safeguards and protocols that ensure privacy, confidentiality and free and
informed consent and decision-making, without coercion, discrimination or fear of violence,
are necessary to guarantee the equal enjoyment of sexual and reproductive health rights for
women and girls.37 The stigma often assigned to sexual and reproductive health conditions,
such as obstetric fistula, menstruation, abortion, adolescent pregnancy and sexually
transmissible infections, is rooted in discriminatory gender stereotypes and patriarchal norms
that must be dismantled through appropriate policies and interventions. 38
2.
Failure by States to prioritize sexual and reproductive health rights
25.
States are consistently failing to comply with the full scope of their human rights
obligations in relation to sexual and reproductive health rights before and during situations
of crisis. The Working Group is deeply concerned that, of the countries reporting on the 2020
review and appraisal of the implementation of the Beijing Declaration and Platform for
Action, only 20 per cent indicated that they had provided women and girls, including
refugees, in humanitarian settings with access to sexual and reproductive health services. 39
26.
Responses to crisis too often lack a gender perspective and do not adequately meet
the distinct needs of women and girls. The life-saving value of many vital sexual and
reproductive health services are not recognized, and services are deprioritized or not provided
at all.40 Discrimination against women underpins the lack of prioritization of those services,
“reflecting societal hierarchies about who matters and who does not”.41 Measures adopted by
States during a crisis, such as the diversion of financial and human resources away from
sexual and reproductive health care and the imposition of restrictions on services, thereby
deeming them non-essential, amount in practice to a retrogression, which is incompatible
with States’ human rights obligations.42 Such restrictions often continue to undermine access
to sexual and reproductive health care after a crisis ends, 43 and, in the majority of cases,
reconstruction programmes and recovery plans fail to prioritize sexual and reproductive
health.44 During the COVID-19 pandemic, delivery of a broad range of essential sexual and
reproductive health services and goods has been suspended or postponed, including:
contraceptive information and services; safe abortion services and post-abortion care;
mammograms, cervical cancer detection and testing and treatment for HIV and other sexually
transmitted infections; support services for women and girls subjected to female genital
mutilation; and fertility treatments. 45 Treatments for gender dysphoria have also been
disrupted, with serious psychological consequences for those concerned.46
27.
The Working Group emphasizes the crucial role of various actors in the provision of
sexual and reproductive health care. All sectors of society – individuals, including health
professionals, families, local communities, intergovernmental and non-governmental
organizations, civil society organizations, as well as the private business sector – have
responsibilities regarding the realization of the right to health. 47 The State, besides exercising
the obligations of due diligence over the actions of private individuals and non-State actors
that might impair the sexual and reproductive health rights of women and girls, must provide
37
38
39
40
41
42
43
44
45
46
47
8
Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016); and
Committee on the Elimination of Discrimination against Women, general recommendation No. 24
(1999).
See A/HRC/32/44.
See E/CN.6/2020/3.
A/HRC/42/24, para. 53.
A/HRC/39/26, para. 47.
See Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) and
general comment No. 22 (2016).
Submission by the Feminist Alliance for Rights about the experience during the Ebola virus disease
crisis.
See Office of the United Nations High Commissioner for Refugees (UNHCR), “Handbook for the
protection of women and girls”, 2008.
See submissions by Danish Institute for Human Rights; Finland; El Salvador; Slovenia; Global
Respectful Maternity Care Council; End FGM European Network; Marie Stopes International; and
Comunidad de Derechos Humanos.
See submissions by Finland and CHOICE for Youth and Sexuality.
Committee on Economic, Social and Cultural Rights, general comment No. 12 (1999).
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