A/HRC/47/38 17. In a context of rising fundamentalisms, backlash against gains in women’s equality have too often targeted sexual and reproductive health rights. 21 Much of the discrimination that women and girls face in relation to their sexual and reproductive health rights can be ascribed to the instrumentalization and politicization of their bodies.22 18. The Working Group recalls that sexual and reproductive health rights are clearly established under international law. They are an integral part of a number of civil and political rights that underpin the physical and mental integrity of individuals and their autonomy, such as the rights to life, liberty and security of person, freedom from torture and other cruel, inhuman or degrading treatment, privacy and respect for family life, as well as economic, social and cultural rights, such as the rights to health, education and work and the right to enjoy the benefits of scientific progress, and the cross-cutting rights of non-discrimination and equality.23 A woman’s right to control her fertility is central to the realization of those rights and to her autonomy and agency. 24 States are obligated to ensure that sexual and reproductive health services are available, accessible, affordable, acceptable and of good quality. 25 The distinct sexual and reproductive health needs of women and girls must be addressed to ensure substantive equality. 19. Eliminating discrimination and ensuring sexual and reproductive health rights is a core and immediate obligation of States. 26 The Working Group has repeatedly drawn attention to the fact that equality in the area of health requires a differential approach with regard to women and men, in accordance with their biological needs. 27 It is discriminatory for a State to refuse to legally provide certain reproductive health services for women. 28 Intersecting forms of discrimination that compound violations of the sexual and reproductive health of women and girls rights fall within the scope of States’ core obligation to eliminate discrimination. 20. International human rights standards concerning sexual and reproductive health continue to apply during situations of crisis. 29 States have the duty to continue to meet their core obligations when crisis strikes, which include the obligations to provide access to family planning services, including emergency contraception, maternal health services, safe abortion services and post-abortion care and counselling for those in need, to prevent and treat HIV/AIDS and other sexually transmitted infections, to ensure access to comprehensive education and information on sexual and reproductive health and to ensure that survivors of gender-based violence have access to comprehensive medical treatment, mental health care 21 22 23 24 25 26 27 28 29 6 See A/HRC/35/29; and A/HRC/38/46. See A/HRC/32/44. Among others: International Covenant on Economic, Social and Cultural Rights (art. 12); Convention on the Elimination of All Forms of Discrimination against Women (art. 12); Convention on the Rights of the Child (arts. 17, 23–25 and 27); International Convention on the Elimination of All Forms of Racial Discrimination (art. 5 (e) (iv)); International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (arts. 28, 43 (1) (e), 45 (1) (c) and 70); and Convention on the Rights of Persons with Disabilities (arts. 23 and 25). See also Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), general comment No. 21 (2009) and general comment No. 22 (2016); and Committee on the Elimination of Discrimination against Women, general recommendation No. 24 (1999). Convention on the Elimination of All Forms of Discrimination against Women (art. 16 (e)). Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016), paras. 11–21. See Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990),general comment No. 14 (2000), general comment No. 16 (2005) and general comment No. 22 (2016); and Committee on the Elimination of Discrimination against Women, general recommendation No. 24 (1999) and general recommendation No. 28 (2010). Working Group, “Women’s autonomy, equality and reproductive health in international human rights: between recognition, backlash and regressive trends”, position paper, 2017; and A/HRC/32/44. Committee on the Elimination of Discrimination against Women, general recommendation No. 24 (1999), para. 11. See Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) and general comment No. 22 (2016); and Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), general recommendation No. 30 (2013) and general recommendation No. 37 (2018).