General
Comment
Provisions related to Reproductive Rights
According to Paragraph 20A “An example of such interference
[with women’s right to enjoy privacy and other rights protected by
article 17 on the basis of equality with men] arises where the sexual
life of a woman is taken into consideration in deciding the extent of
her legal rights and protections, including protection against rape.
Another area where States may fail to respect women’s privacy
relates to their reproductive functions, for example, where there is
a requirement for the husband’s authorization to make a decision
in regard to s terilization; where general requirements are imposed
for the s terilization of women, such as having a certain number of
children or being of a certain age, or where States impose a legal duty
upon d
octors and other health personnel to report cases of women
who have undergone abortion. In these instances, other rights in the
Covenant, such as those of articles 6 and 7, might also be at stake.
Women’s privacy may also be interfered with by private actors, such
as employers who request a pregnancy test before hiring a woman.”
Paragraph 23 explains, “Men and women have the right to enter
into marriage only with their free and full consent, and States have
an obligation to protect the enjoyment of this right on an equal basis.
Many factors may prevent women from being able to make the
decision to marry freely. One factor relates to the minimum age for
marriage. That age should be set by the State on the basis of equal
criteria for men and women. These criteria should ensure women’s
capacity to make an informed and un-coerced decision. A second
factor in some States may be that either by statutory or customary law
a guardian, who is generally male, consents to the marriage instead of
the woman herself, and thereby preventing women from exercising a
free choice.”
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