A/HRC/32/44
94.
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.
Education and information
95.
Restrictions in many countries on girls’ and women’s access to unbiased, quality
education, including evidence-based comprehensive sexuality education, and information
about where and how to obtain essential health services prevent women from making free
and informed decisions about their health and safety and hence obstruct proper, informed
access to health care. This is particularly true for adolescents and marginalized women
facing multiple and intersectional forms of discrimination. Such restrictions are
manifestations of censorship that limit women’s and girls’ choices.
96.
States have an obligation to provide education, one of whose aims is to facilitate
access to scientific and technical knowledge. This is of crucial importance with respect to
questions of sexuality, reproduction and health education. States have an obligation to
allow information about health matters to flow freely, without State interference on moral
or other grounds. It also encompasses the possibility for non-State actors to disseminate
information, including in relation to sexuality and sexual and reproductive health services.
However, States also have an obligation to address and eliminate harmful and wrongful
gender stereotypes that contribute to the violation of women’s right to health and safety.
97.
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 nonformal 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.
IV. Conclusions and recommendations
98.
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.
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