4. Reproductive rights and human rights standards and principles
Women’s right to control their fertility through
invoking the prohibition against all forms of
discrimination against women may be considered a fundamental key that opens up women’s capacity to enjoy other human rights.1
When health clinics for example deny treatment to women that do not have their husband’s consent, the health clinics are violating
the non-discrimination clauses of the Convention on the Elimination of All Forms of Discrimination against Women and discriminating
against women based on their marital status.
The equal enjoyment by men and women
of the rights protected by the International
Covenant on Economic, Social and Cultural
Rights need to be addressed, having multiple
discrimination in mind.2 Multiple discriminations occur when a person is discriminated
not just due to being, for example, a woman
but also for being, for example, a member
of an indigenous group. It is important to
acknowledge this issue when considering
how to secure reproductive rights for all as
women belonging to vulnerable groups are
often those with least access to reproductive
services.3 It is similarly important to recall
that formal equality, meaning laws and policies that on paper treat all in an equal manner, is not sufficient; laws and policies must
be made in such a manner as to alleviate the
disadvantage suffered by various groups,
leading to substantive equality.
1 Cook, Rebecca, “International Protection of
Women’s Reproductive Rights”, New York University
Journal of International Law and Politics, Vol. 24, p.
645, 1991-1992.
2 Committee on Economic, Social and Cultural
Rights General Comment No. 16 from 2005 on the
equal rights of men and women.
3 In CEDAW/C/49/D/17/2008, Ms. Da Silva Pimentel vs. Brazil. The Committee on the Elimination of
All Forms of Discrimination against Women found that
the victim had been the subject of triple discrimination.
An example of indirect discrimination which
not only treats women differently to men
but which also violates the rights of women
to decide if and when to have children is
when women are not hired or are given lowlevel jobs because they might get pregnant.
The notion of female inferiority and stereotypical gender roles perpetuate violations
of women’s reproductive rights and states
are obliged to tackle such assumptions of
inferiority.
“Eliminating discrimination in practice
requires paying suffi cient attention
to groups of individuals which suffer
historical or persistent prejudice
instead of merely comparing the formal
treatment of individuals in similar
situations. States parties must therefore immediately adopt the necessary
measures to prevent, diminish and
eliminate the conditions and attitudes
which cause or perpetuate substantive or
de facto discrimination.”
Source: Committee on Economic, Social and
Cultural Rights (CESCR) General Comment
No. 20, 2009
States should address discrimination in the
private sphere, for example within families,
by adopting measures, including legislation,
to ensure that individuals are not discriminated on prohibited grounds in the private
sphere. This is relevant for example when
considering steps to prevent marital rape or
women’s lack of autonomy when it comes
to decisions on reproductive rights.4
4 Committee on Economic, Social and Cultural
Rights, General Comment No. 20, 2009.
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