A/HRC/32/44
antiretroviral therapy and gender transition, and take all necessary measures
to protect them from violence;
(v)
Allow non-custodial sentences for pregnant women and women with
dependent children in accordance with the United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders (the Bangkok Rules).
C.
Instrumentalization of women’s bodies
106.
The Working Group recommends that States:
(a)
Take measures to combat and eliminate, in legislation and policies,
cultural practices and social stereotypes, all forms of instrumentalization of women’s
bodies and biological functions;
(b)
Eliminate harmful gender stereotypes, which could lead to anorexia and
bulimia and invasive cosmetic procedures;
(c)
Prevent exclusion from the public space during menstruation or
breastfeeding and prevent discrimination in relation to menopause in the workplace;
(d)
Take and implement strong and efficient measures to prevent female
genital mutilation and other harmful practices;
(e)
Decriminalize sexual and reproductive behaviours that are attributed
exclusively or mainly to women, including adultery and prostitution, and termination
of pregnancy;
(f)
Combat stereotyping and empower girls to take care of their own health
and safety from a young age, both at school and at home, and inform and empower
women regarding their own bodies at all stages of their lives;
(g)
Regulate birthing facilities to ensure respect for women’s autonomy and
privacy and human dignity, including respect for women’s choice regarding home
deliveries provided there are no specific medical contraindications;
(h)
Prevent instrumentalization of women in the birthing process and ensure
that penalties are incurred for gynaecological or obstetrical violence, including
performing abusive caesarean sections, refusing to give women pain relief during
birth or surgical termination of pregnancy and performing unnecessary episiotomies;
(i)
Use educational and social work alternatives instead of custodial or
punitive measures to prevent injury to the fetus as a result of drug or alcohol
consumption by addicted pregnant women;
(j)
Monitor and prevent the use of mental health to institutionalize women
unnecessarily as a social control mechanism.
107. In relation to reproductive and sexual health care, the Working Group
recommends that States:
(a)
Abolish bans on contraception, including emergency contraceptives, and
provide access to affordable modern contraceptives;
(b)
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;
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