A/HRC/32/44 13. Women’s rights to equality and to the highest attainable standards of health, to enjoy the benefits of scientific progress and to health-care services, including those related to reproductive and sexual health, are enshrined in international and regional human rights instruments, reaffirmed in consensus agreements, including the Programme of Action of the International Conference on Population and Development and the Beijing Platform for Action adopted at the Fourth World Conference on Women and the outcome documents of the review and appraisal conferences, and recognized by international, regional and national mechanisms and jurisprudence. The International Conference on Population and Development, held in 1994, recognized women’s rights to reproductive and sexual health as being key to women’s health. Discrimination against women in the area of health and safety and denial of their right to control their own bodies severely violate their human dignity, which, along with equality, is recognized in the Universal Declaration of Human Rights as the foundation of freedom, justice and peace in the world. 14. States are obliged to secure women’s rights to the highest attainable standard of health and safety, including their underlying determinants, and women’s equal access to health-care services, including those related to family planning, as well as their rights to privacy, information and bodily integrity. The obligation to respect, protect and fulfil women’s right to equal access to health-care services and to eliminate all forms of discrimination against women with regard to their health and safety is violated by neglecting women’s health needs, failing to make gender-sensitive health interventions, depriving women of autonomous decision-making capacity and criminalizing or denying them access to health services that only women require. In some situations, failure to protect women’s rights to health and safety may amount to cruel, inhuman or degrading treatment or punishment or torture, or even a violation of their right to life. 15. WHO defines health as not merely the absence of disease or infirmity, but as a state of complete physical, mental and social well-being. In the present report the Working Group addresses women’s safety as an integral aspect of their health. Women’s exposure to gender-based violence in both the public and private spheres, including in conflict situations, is a major component of women’s physical and mental ill health and the destruction of their well-being, and constitutes a violation of their human rights. 16. Substantive equality in the area of health and safety requires differential treatment. Throughout their life cycle from childhood to old age, women have health needs and vulnerabilities that are distinctively different from those of men. Women have specific biological functions, are exposed to health problems that affect only women, are victims of pervasive gender-based violence and, statistically speaking, live longer than men, resulting in their greater need to access health services frequently and into older age. Hence, women and girls experience the negative effects of insufficiencies in health-care services more intensively than men. 17. Women face a disproportionate risk of being subjected to humiliating and degrading treatment in health-care facilities, especially during pregnancy, childbirth and the postpartum period. Furthermore, they are especially vulnerable to degrading treatment in situations where they are deprived of liberty, including in migrant detention facilities or mental institutions. They are subjected to humiliating treatment within the health-care system because of their gender identity and sexual orientation, sometimes expressly in the name of morality or religion, as a way of punishing what is considered “immoral” behaviour. 18. Women’s bodies are instrumentalized for cultural, political and economic purposes rooted in patriarchal traditions. Instrumentalization occurs within and beyond the health sector and is deeply embedded in multiple forms of social and political control over women. It aims at perpetuating taboos and stigmas concerning women’s bodies and their traditional roles in society, especially in relation to their sexuality and to reproduction. As a 5

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