A/HRC/32/44
Women’s sexual orientation and gender identity
58.
In many settings, especially where same-sex consensual sexual behaviour is
prohibited, lesbian, bisexual and transgender persons are deterred from seeking health
services out of fear of being arrested and prosecuted. Even in countries where same-sex
sexual orientation is not criminalized, lesbians are often discriminated against and
mistreated by medical providers, which deters them from seeking health services. In some
settings, they are subjected to coercive, inhumane and degrading practices such as
“corrective” or punitive rape. Transgender persons are often subjected in law and practice
to compulsory medical interventions without being given an opportunity for informed
decision-making and choice. Their gender identity is pathologized in many countries and
they are often subjected to mental and physical examinations and treatments and forced to
undergo “conversion therapies”. Transgender persons’ biological needs, such as transitionrelated medical services, screening for cervical cancer, termination of pregnancy and
contraception, are often refused by service providers.
Women deprived of liberty
59.
Women in detention have specific health needs, particularly in terms of mental and
reproductive health care, that are often neglected. Preventive services related to cervical
and breast cancer are often unavailable and antiretroviral therapy, even for pregnant women
living with HIV/AIDS, is completely absent in some facilities. The lack of adequate access
to hygiene facilities and products for women prisoners is a typical and crucial concern in all
regions of the world, jeopardizing the dignity and health of women prisoners. Practices
such as shackling pregnant inmates during labour still occur in some countries. Detained
women also face violence, including sexual violence from other prisoners or by staff.
60.
Women prisoners show high rates of mental health problems owing to violence and
trauma to which they had been exposed and which are exacerbated by imprisonment.
Concerns about their children also have a significant impact on the mental health of women
prisoners, especially when they are breastfeeding; separation from their children creates
anxiety and guilt, resulting in great suffering. Women are more likely to harm themselves
or attempt suicide while in detention than men. Extensive reliance on preventive use of
psychotropic medication for “safety” reasons in such situations is an example of
overmedicalization.
D.
Instrumentalization of women’s bodies
61.
Throughout their life cycle, women’s bodies are instrumentalized and their
biological functions and needs are stigmatized and subjected to a politicized patriarchal
agenda. States have also often treated women instrumentally as tools with which to
implement population programmes and policies. This is sometimes carried out through the
use of criminal sanctions and often under the guise of protecting women’s health and safety
and with cultural or religious justifications.
62.
Much of the discrimination in access to health services and the resulting preventable
ill health of women, including maternal mortality and morbidity and infertility, can be
attributed to the instrumentalization of women’s bodies for political, cultural, religious and
economic purposes.
1.
Negation of autonomy
63.
The instrumentalization of women’s bodies may result in conditioning women’s
access to medical assistance on the consent of a spouse or male guardian, causing
withholding or delay of treatment, curtailment of women’s autonomy and denial of respect
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