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Compendium of good practices in the elimination of discrimination against women 2017, para. 64
- Paragraph text
- Health is defined by the World Health Organization as “a state of complete physical, mental and social well-being”. Women’s rights to equality and to the highest attainable standards of health, including those related to reproductive and sexual health, and the interconnected right to a life free of violence are enshrined in international and regional human rights instruments and reaffirmed in international consensus agreements, yet remain among the most contested and violated women’s human rights standards. Gender-based violence and the instrumentalization and politicization of women’s bodies and women’s health agenda continue to undermine the fulfilment of women’s human rights throughout the world. These violations, fed by patriarchal ideologies and stereotypes that reduce women to means of reproduction or sexual objects, undermine women’s autonomy and self-determination, affecting the fulfilment of their human rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 20
- Paragraph text
- Significant progress in legal and policy frameworks for women’s rights has been made in the past decades. Nevertheless, while many countries have undertaken to repeal discriminatory laws, such laws persist in many parts of the world. Severely discriminatory laws and practices remain in particular areas of women’s human rights that continue to be contested, such as sexual and reproductive rights and equal rights in the family. Discriminatory laws also exist where the law is used punitively against women to maintain patriarchal values or to criminalize women’s struggles for their rights. In all contexts, there are ongoing challenges to the inclusion of an intersectoral approach to women’s full equality. Even in areas where the legal framework has advanced, or in societies with extensive and robust gender equality laws and policies, the test lies in the ability to implement progressive laws in practice. Innumerable barriers remain on many levels, not least of which is the male-controlled and discriminatory environment within which laws are operationalized. A good law requires a fully ameliorating environment in which it can be meaningfully implemented. No matter how strongly the law is drafted, it is filtered through the biases and limitations of the individuals and institutions, public and private, responsible for grounding it in reality, compounded by a social environment that disadvantages women through the perpetuation of historical discrimination, the patriarchal construction of gender and the perpetuation of stereotypes and prejudices. These factors must be considered closely when identifying which laws have become good practices.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 65
- Paragraph text
- Good practices in this area require a differentiated approach in order to meet women’s particular needs, influenced by biological functions and social constructions of gender alike. The instrumentalization of women’s bodies, particularly as regarding sexual and reproductive health, and the ongoing normalization of violence against women must be combatted through rights-based measures that put women’s right to dignity, autonomy and self-determination at the core of legal and policy undertakings.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 77
- Paragraph text
- The following case study, originating in a country of the Middle East and North Africa Region, highlights the central role of women’s autonomous organizing in promoting political and legal changes to eradicate discrimination against women and to promote substantive equality. The country had a long history of Government-led reform promoting gender equality in the law. This included broad legal reforms granting women autonomy and self-determination in public and family life, with progressive provisions in terms of sexual and reproductive rights. Women’s organizations had previously existed, but the political climate did not support autonomy. Growing authoritarianism in the regime and the prevalence of discriminatory attitudes had diminished the transformation of women’s traditional roles and the attainment of substantive equality. In 2011, a political revolution led by social movements brought about the downfall of the Government and led to the democratization of the State.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Women
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 56
- Paragraph text
- That civil society organization navigated the challenging context by building strategic partnerships with experts and Government. Together with educational experts, they developed a theoretical and practical educational guidebook entitled “Women and Men: Different but Equal”, which was subsequently approved for use by the Ministry of Education and Science. It supported the incorporation of gender curricula into mandatory courses, such as social studies, and included discussion of gender, reproductive rights and violence prevention.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Health
- Person(s) affected
- Men
- Women
- Year
- 2017
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 60
- Paragraph text
- 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.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Men
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 92
- Paragraph text
- Unaffordability of medicines is also closely linked to intellectual property laws, many of which provide exclusive patents for new medicines for long periods. However, intellectual property laws that fail to address the medical needs of women obstruct access to medicines by pushing up the price and by impeding the production and distribution of low-cost generic drugs. The right to health requires States to ensure that the pharmaceutical companies that hold a patent on essential medicines and medical devices make use of all the arrangements at their disposal to render the medicines accessible to all.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 94
- Paragraph text
- A number of countries have legal guarantees that protect women in the case of conscience-based refusal of care. They include the requirement of referral to non-objecting providers, registration/written notice to the employer and/or a government body, disclosure of information to patients about the provider's status as a conscientious objector, provision of services in cases of emergency, and restriction of the right to conscientious objection to the individuals directly involved in the medical intervention and not institutions or those indirectly involved, such as pharmacists. The Working Group reiterates that the enjoyment of the right to freedom of religion or belief cannot be used to justify gender discrimination and therefore should not be regarded as a justification for hindering the realization of women's right to the highest attainable standard of health.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 76
- Paragraph text
- The discriminatory use of criminal law, punitive sanctions and legal restrictions to regulate women's control over their own bodies is a severe and unjustified form of State control. This can include punitive provisions in criminal, civil and administrative laws and regulations governing extramarital consensual sex, same-sex consensual adult relations, gender non-conforming expressions, provision of reproductive and sexual education and information, termination of pregnancy and prostitution/sex work. The enforcement of such provisions generates stigma and discrimination and violates women's human rights. It infringes women's dignity and bodily integrity by restricting their autonomy to make decisions about their own lives and health.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 79
- Paragraph text
- Criminalization of termination of pregnancy is one of the most damaging ways of instrumentalizing and politicizing women's bodies and lives, subjecting them to risks to their lives or health in order to preserve their function as reproductive agents and depriving them of autonomy in decision-making about their own bodies. Restrictive laws apply to 40 per cent of women worldwide. In some countries, as a result of retrogressive anti-abortion laws, women are imprisoned for having had a miscarriage, imposing an intolerable cost on the women, their families and their societies.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 97
- Paragraph text
- A growing number of States worldwide have confirmed their commitment to comprehensive sexuality education as an essential priority for achieving national development, health and education goals. In its resolution 70/137, the General Assembly called upon all States to develop and implement educational programmes and teaching materials, as well as teacher education and training programmes for both formal and non-formal education, including comprehensive evidence-based education on human sexuality, based on full and accurate information, for all adolescents and youth; to modify the social and cultural patterns of conduct of men and women of all ages; to eliminate prejudices; and to promote and build decision-making, communication and risk reduction skills for the development of respectful relationships based on gender equality and human rights.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Adolescents
- Men
- Women
- Youth
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 98
- Paragraph text
- In the context of women's and girls' health and safety, equality means the provision of differential services, treatment and medicines in accordance with their specific biological needs, throughout their life cycle. In many countries there is discriminatory exclusion and neglect of women in providing the highest attainable standard of health for women. Discrimination is particularly evident regarding women's right to reproductive and sexual health. It is exacerbated in the case of women members of marginalized groups. Discrimination against women and girls leading to the violation of their right to health and safety denies their right to human dignity.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 85
- Paragraph text
- 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.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 100
- Paragraph text
- Women's access to health services in many countries is not autonomous, affordable and effective, elements which are essential for States to respect, protect and fulfil women's and girls' rights to life, health, privacy, equality and human dignity. A major barrier is lack of affordability as a result of exclusion from insurance for treatments specifically needed by women and girls or exclusion of groups of women such as migrants. Non-affordability severely discriminates against women living in poverty. Barriers also include restrictive legislative requirements, biased and stigmatized provision of services and conscientious objection to providing services.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 105e (i)
- Paragraph text
- [The Working Group recommends that States:] Provide special protection and support services to women facing multiple forms of discrimination, and in this regard: Ensure that health services, including reproductive and sexual health, for women with disabilities are available and accessible on an equal basis with others and that their autonomy and decision-making, including in relation to their sexuality and reproduction, are guaranteed in accordance with the principles of the Convention on the Rights of Persons with Disabilities;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 107b
- Paragraph text
- [In relation to reproductive and sexual health care, the Working Group recommends that States:] Repeal restrictive laws and policies in relation to termination of pregnancy, especially in cases of risk to the life or health, including the mental health, of the pregnant woman, rape, incest and fatal impairment of the fetus, recognizing that such laws and policies in any case primarily affect women living in poverty in a highly discriminatory way;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 107c
- Paragraph text
- [In relation to reproductive and sexual health care, the Working Group recommends that States:] Recognize women's right to be free from unwanted pregnancies and ensure access to affordable and effective family planning measures. Noting that many countries where women have the right to abortion on request supported by affordable and effective family planning measures have the lowest abortion rates in the world, States should allow women to terminate a pregnancy on request during the first trimester or later in the specific cases listed above;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 34
- Paragraph text
- Many girls are exposed to a wide variety of practices which are harmful to their health and well-being, such as female genital mutilation, discrimination in food allocation resulting in malnutrition and discrimination in access to professional health care. Furthermore, early marriage and adolescent pregnancy have a long-lasting impact on girls' physical integrity and mental health. Pregnancy and childbirth are together the second leading cause of death among 15- to 19-year-old girls globally, putting them at the highest risk of dying or suffering serious lifelong injuries as a result of pregnancy. For example, up to 65 per cent of women with obstetric fistula, which is a severely disabling condition and often results in social exclusion, develop this condition as adolescents.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Health
- Person(s) affected
- Adolescents
- Girls
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 21
- Paragraph text
- A number of other factors and developments which have serious implications for women's health and safety are not tackled in the present report owing to space restrictions. These include climate change and other environmental catastrophes and degradation and gender-based violence in armed conflicts.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 91
- Paragraph text
- Good practices include listing as essential medicines all those recommended as necessary for women's health in the WHO Model List of Essential Medicines, public subsidization of the cost of women's health-related services for everyone and subsidies to women of a given age or income.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 105e (iv)
- Paragraph text
- [The Working Group recommends that States:] Provide special protection and support services to women facing multiple forms of discrimination, and in this regard: Provide access to preventive and remedial health services for women in prison, including in relation to cervical and breast cancer, contraception, antiretroviral therapy and gender transition, and take all necessary measures to protect them from violence;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 105d (viii)
- Paragraph text
- [The Working Group recommends that States:] Adopt a holistic approach towards women's health and safety by looking at their full life cycle from childhood to old age as interconnected phases with distinct considerations and needs, and in this regard: Provide gender- and age-sensitive health-care services for older women, taking cognizance of their heightened health and safety vulnerability;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Older persons
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 108f
- Paragraph text
- [The Working Group recommends that States:] Include contraception of choice, preventive care and treatment for cervical and breast cancer, termination of pregnancy and maternity care in universal health care or subsidize provision of these treatments and medicines to ensure that they are affordable;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 105b
- Paragraph text
- [The Working Group recommends that States:] Be guided by an understanding of women's right to equality, which requires differential treatment in health, including and beyond their sexual and reproductive health, in designing policy measures and resource allocations;
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 81
- Paragraph text
- It is important to recall that the use of effective contraception can result in lowering the incidence of unintended pregnancy. However, contraception cannot eliminate women's need for access to termination of pregnancy, for example in the case of rape. In addition, no method of contraception is 100 per cent effective in preventing pregnancy.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 88
- Paragraph text
- Economically disadvantaged women who do not have the means to access private health care and services are disparately affected by barriers created by unaffordability. It is therefore important for States to ensure that all health care is affordable and to remove legal restrictions that in effect discriminate against women who are economically disadvantaged.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 78
- Paragraph text
- Criminalization of behaviour that is attributed only to women is discriminatory per se and generates and perpetuates stigma. The threat of criminal punishment restricts women's access to sexual and reproductive health-care services and information and acts as a deterrent to health-care professionals, thus barring women's and girls' access to health-care services.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 39
- Paragraph text
- Women's mental health during pregnancy, childbirth and the post-partum period requires both stability in their environment and emotional support. Reports of disrespect and ill treatment during childbirth in health facilities in many countries provide a deeply distressing picture of the extent of women's exposure to degrading treatment, lack of privacy, and even verbal and physical violence. Pregnant women are sometimes refused pain relief during labour or anaesthesia during a termination of pregnancy by curettage. The use in some countries of custodial or punitive rather than educative measures to prevent injury to the fetus as result of drug or alcohol consumption by addicted pregnant women is another manifestation of gender discrimination.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 40
- Paragraph text
- Women have a longer life expectancy and are particularly exposed to neglect and abuse in older age, including in health-care settings, and higher risks of diseases such as Alzheimer's disease and other forms of dementia. A gender- and age-sensitive approach needs to take into account the specific needs for care and protection of older women, including those widowed, living alone or displaced, those with dementia or other disability, those in need of palliative and geriatric care and those in emergency situations; these women are most at risk of multiple forms of discrimination, violence and poverty.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Older persons
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 41
- Paragraph text
- In addition, problems associated with ageing affect women disproportionally as a result of the cumulative effect of discriminatory practices women face over the course of their lives, as the Working Group described in its report on discrimination against women in economic and social life (A/HRC/26/39). Women are more likely to take care of men and to be left without spousal support. At the same time, they are more likely to suffer economic disadvantages, exacerbated by discriminatory pension systems that fail to produce equal outcomes for women, and to be excluded from social security and health insurance schemes. They are thus at greater risk of living in poverty. The mere recognition of equal rights for all, without distinction, is thus insufficient to ensure in practice the enjoyment by older women of all human rights, including the right to health.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- Older persons
- Women
- Year
- 2016
Paragraph