CEDAW/C/50/D/22/2009
and to provide her with appropriate medical services, namely a timely spinal surgery and a
therapeutic abortion allowed in such cases under the Penal Code. L.C. has suffered
considerable physical and mental pain. Her family has also suffered both moral and
material damages. After she miscarried on 16 June 2007, she had the spinal surgery on 11
July 2007, almost three and a half months after the Head of the Neurosurgery Department
had recommended emergency surgery. Although the medical reports noted that she needed
intensive physical therapy and rehabilitation after the surgery, L.C. was only provided with
the necessary physical rehabilitation and psychological/psychiatric help several months
after the surgery, namely as from 10 December 2007. After spending two months in the
National Rehabilitation Institute, due to lack of financial means, L.C. had to abandon the
treatment. The Committee notes that L.C, a young girl of 16 (at the time of submission of
the communication) is paralyzed from the neck down save for some partial movement in
her hands. She is in a wheelchair and needs constant care. She cannot pursue her education
and her family is also living in precarious conditions. Her mother (the author) who has to
provide L.C. with constant care, cannot work. The cost of medicines and equipment
required by L.C. has also placed a heavy undue financial burden on the family.
9.
Acting under the provisions of article 7, paragraph 3, of the Optional Protocol, the
Committee considers that the State party has not complied with its obligations and has
therefore violated the rights of L.C. established in articles 2 (c) and (f), 3, 5 and 12, together
with article 1, of the Convention. The Committee therefore makes the following
recommendations to the State party.
Concerning L.C.
9.1
The State party should provide reparation that includes adequate compensation for
material and moral damages and measures of rehabilitation, commensurate with the
gravity of the violation of her rights and the condition of her health, in order to ensure that
she enjoys the best possible quality of life.
General
9.2
The State party should:
(a)
Review its laws with a view to establish a mechanism for effective access to
therapeutic abortion under conditions that protect women’s physical and mental health and
prevent further occurrences in the future of violations similar to the ones in the present
case;
(b)
Take measures to ensure that the relevant provisions of the Convention and
the Committee’s general recommendation No. 24 with regard to reproductive rights are
known and observed in all health-care facilities. Such measures should include education
and training programmes to encourage health providers to change their attitudes and
behaviour in relation to adolescent women seeking reproductive health services and
respond to specific health needs related to sexual violence. They should also include
guidelines or protocols to ensure health services are available and accessible in public
facilities;
(c)
Review its legislation with a view to decriminalizing abortion when the
pregnancy results from rape or sexual abuse.
9.3
The Committee reiterates the recommendation it made to the State party during the
consideration of its sixth periodic report (CEDAW/C/PER/CO/6, para. 25), urging it to
review its restrictive interpretation of therapeutic abortion in line with the Committee’s
general recommendation No. 24 and the Beijing Declaration and Platform for Action.
10.
In accordance with article 7, paragraph 4, of the Optional Protocol, the State party
shall give due consideration to the views of the Committee, together with its
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