A/HRC/32/44
periods; and excluding coverage for termination of pregnancy services under health
insurance. None of these requirements is justified on health grounds.
83.
International and regional human rights bodies have called on States to decriminalize
access to termination of pregnancy and to liberalize laws and policies in order to guarantee
women’s access to safe services. Treaty bodies, including the Committee on the
Elimination of Discrimination against Women and the Committee on Economic, Social and
Cultural Rights, have requested States, through their jurisprudence, their general
comments/recommendations and their concluding observations, to review national
legislation with a view to decriminalizing termination of pregnancy and to ensure a
woman’s right to termination of pregnancy where there is a threat to her life or health, or
where the pregnancy is the result of rape or incest. The Committee against Torture and the
Human Rights Committee have determined that, in some cases, being forced to carry an
unwanted pregnancy to term amounts to cruel and inhuman treatment.
Criminalization of women who engage in prostitution/sex work
84.
Criminal laws and other punitive regulations have imposed custodial sentences on
women involved in prostitution/sex work in a manner that has been shown to harm rather
than protect them. The Working Group considers that the criminalization of women in
prostitution/sex work places them in a situation of injustice, vulnerability and stigma and is
contrary to international human rights law. It notes that the Convention on the Elimination
of All Forms of Discrimination against Women calls for prohibition of the exploitation of
prostitution and not for punishment of the women in prostitution/sex work themselves; the
well-established position of the Committee on the Elimination of Discrimination against
Women that women should not be criminalized for prostitution; and the stipulation in the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention against Transnational Organized
Crime (Palermo Protocol) that efforts should be made to discourage the demand that fosters
all forms of exploitation of women, including trafficking for sexual exploitation.
85.
International organizations and human rights bodies have called on States to ensure,
at a minimum, that women in prostitution/sex workers have the right to access sexual health
services; are free from violence or discrimination, whether committed by State agents or
private persons; and have access to equal protection of the law. In particular, States should
also ensure that law enforcement officials serve a protective function, as opposed to
engaging in or perpetuating violence against women in prostitution/sex workers. A number
of States have introduced regulations that cover health and safety issues, including access to
health services, medical insurance and social security benefits that have had a positive
impact on women engaged in prostitution/sex work.
E.
1.
Autonomous, affordable and effective access to health care
Autonomous access
86.
Autonomous access to health care means ensuring a woman’s right to make
decisions concerning her health, fertility and sexuality free of coercion and violence. Key to
this is the notion of choice. The rights to informed consent and confidentiality are crucial to
ensuring that women can make decisions freely. These rights impose corresponding duties
upon health-care providers, who are bound to disclose information about proposed
treatments and alternatives in order to aid informed consent and to respect the right to
refuse treatment; likewise, they are bound to maintain confidentiality to allow women to
make private decisions without the interference of others whom they have not chosen to
consult and who might not have their best interests at heart. Autonomy means that a woman
seeking services in relation to her health, fertility or sexuality is entitled to be treated as an
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