4 4. Reproductive rights and ­human rights standards and principles ­ EPRODUCTIVE RIGHTS AND R ­HUMAN RIGHTS STANDARDS AND PRINCIPLES The ICPD Programme of Action affirms in its paragraph 7.3 that reproductive rights embrace certain human rights that are already recognized in national laws, international human rights documents and other consensus documents. The following chapter outlines the legal basis for the rights that collectively constitute reproductive rights. In addition to referring to binding international and regional human rights instruments, reference will be made to decisions, comments and concluding observations of the various international human rights bodies and mechanisms. An outline of these bodies and mechanisms can be found in Annex 1, which also contains extensive quotes of most of the United Nations comments, decisions and statements mentioned in this Chapter. Annex 1 also includes information on the African, American and European human rights systems. NON-DISCRIMINATION AND EQUAL TREATMENT NON-DISCRIMINATION AND EQUAL TREATMENT IN LAW Articles 2(1), 3 and 26 of International Covenant on Civil and Political Rights contain ­provisions on non-discrimination. Article 2 reads: “Each State Party to the present ­Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its ­jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” Article 2(2) of International Covenant on Economic, Social and Cultural Rights also ­establishes the prohibition on discrimination, as does Article 2 (1) of the Convention on the Rights of the Child. The three main regional human rights treaties all contain non-­ discrimination clauses: Article 14 of the European Convention on Human Rights (ECHR), Article 1 of the American Convention on Human Rights (ACHR) and Article 2 of the African Convention on Human and Peoples’ Rights (ACHPR). Especially relevant for reproductive rights issues is the Convention on the Elimination of All Forms of Discrimination against Women. Article 1 of the Convention on the Elimination of All Forms of Discrimination against Women defines discrimination against women, while Article 2 sets out what states shall do to combat such discrimination. This includes to: 89

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