A/HRC/32/44
99.
The Working Group found that instrumentalization and politicization of
women’s biological functions in many countries subjects legislation and policies
regarding women’s and girls’ health and safety to patriarchal agendas, especially
regarding reproductive and sexual health and mental health. The Working Group
found manifestations in all regions of instrumentalization, taboos regarding
menstruation and breastfeeding and stereotypes which result in harmful practices
such as female genital mutilation or which have a negative impact on women’s body
image, leading to their seeking invasive cosmetic procedures.
100. 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.
101. Health services are provided by various actors, State and non-State. All actors
have some form of responsibility for providing equal access for women to the highest
attainable standard of health, including with regard to their reproductive and sexual
health. The State has a due diligence obligation to ensure that private actors do not
discriminate against women.
102. The result of the various forms of discrimination against women in the
provision of health services is the costly and tragic phenomenon of women’s
preventable ill health.
A.
General recommendations
103. The Working Group calls upon the Human Rights Council to urge States to
take all necessary measures to respect, protect and fulfil women’s right to the
enjoyment of the highest attainable standards of health worldwide, including
regarding their reproductive and sexual health, and to dedicate priority attention to a
thorough stocktaking, including by convening an appropriate forum to tackle this
crucial issue.
104. The Working Group calls upon all Member States to reaffirm and respect the
commitments they made in Beijing and in Cairo and in the Sustainable Development
Goals to implement the comprehensive provisions concerning women’s health in the
agreements they adopted and to develop national laws, policies and programmes
within the framework of international human rights standards.
B.
Equality and non-discrimination
105.
The Working Group recommends that States:
(a)
Apply human rights standards and principles of equality, nondiscrimination and empowerment of women as the framework for all interventions
regarding women’s health and safety;
(b)
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;
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