3. PROMOTING REPRODUCTIVE RIGHTS THROUGH A HUMAN RIGHTS-BASED APPROACH TO DEVELOPMENT
UNIVERSALITY, INALIENABILITY, INDIVISIBILITY
AND INTERDEPENDENCE OF HUMAN RIGHTS
Human rights are universal, meaning that
they apply to all human beings all over the
world, and inalienable, meaning that they
can neither be voluntarily given up nor
forcibly taken away. Consequently, when
monitoring the work done by the state with
respect to reproductive rights and when
providing advice to government and parliament, attention should be paid to ensuring
that no groups are ignored (such as adolescents, women living in poverty, rural
groups, indigenous groups, LGBT persons,
sex workers, persons with disabilities,
migrants, children etc.). When designing its
own programmes, a NHRI should make sure
to consider all groups even though a NHRI
can decide to focus on one or more groups
based on a needs assessment. Similarly, due
to resource constraints, a government might
legitimately decide to begin by providing
services to the most excluded groups.
In addition, human rights are indivisible.
Whether of a civil, cultural, economic, political or social nature, they are all inherent to
the dignity of every human person. Therefore, they all have equal status as rights, and
cannot be ranked, a priori, in a hierarchical
order.2 With respect to reproductive rights,
a NHRI should make sure all elements of
reproductive rights are protected, respected
and promoted.
Lastly, human rights are interdependent and
interrelated. The realization of one right often
depends on the realization of another right.
The right to life can be affected by the lack
of access to reproductive health care, and
women’s right to political participation can be
connected to the effectiveness of reproductive
rights (women who can decide whether and
when to have children have a better chance
to participate in the political debate, for example). This principle encourages NHRIs to take
a holistic look when considering reproductive
rights. It also encourages NHRIs to be look
broadly when considering with whom to collaborate in the furthering of reproductive rights.
In Chapter 4 the different rights that
together constitute reproductive rights are
expounded upon, stressing the interdependence and interrelatedness of human rights.
2 United Nations. The human rights based approach
to development cooperation: Towards a common understanding among United Nations agencies. (2003).
EQUALITY AND NON-DISCRIMINATION
According to the Universal Declaration
of Human Rights all individuals are equal
as human being. By virtue of the inherent
dignity of each human person all individuals
shall be treated without discrimination of
any kind, such as on the basis of sex, age,
race, colour, religion, property, disability,
language, national or social origin, political
or other opinion, birth or other status, such
as sexual orientation and marital status.3
3 Committee on Economic, Social and Cultural
Rights General Comment No. 20.
77
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