4. Reproductive rights and human rights standards and principles
an “entitlement to an effective and integrated
health system, encompassing health care and
the underlying determinants of health, which is
responsive to national and local priorities and
accessible to all”. Such a holistic approach
can be useful in preventing maternal
deaths.
In its General Comment No. 14 from 2000
on the right to health, the Committee on
Economic, Social and Cultural Rights underlines that even though the right to health
is among the rights that are to be realized
progressively, states still have a “specifi c and
continuing obligation to move as expeditiously
and effectively as possible towards the full realization of” this right, cf. Para. 31.
According to states’ obligations to protect,
respect and fulfil reproductive rights, states
have to ensure that:
• Harmful practices do not interfere
with pre- and post-natal care and
family-planning;
• Third parties do not coerce women
to undergo harmful practices, such as
female genital mutilation; and
• Measures are taken to protect all vulnerable or marginalized groups of
society, including women, children and
adolescents.
In order to fulfil the right to health, states
should at least adopt a national health policy
with a detailed plan for the realization of the
right to health. Public health infrastructure
should provide sexual and reproductive
health services, including safe motherhood,
particularly in rural areas. Information campaigns, in particular with respect to HIV/
AIDS, sexual and reproductive health, traditional practices and domestic violence,
should be carried out.56
One core obligation in relation to the progressive realization of the right to health
is to secure access to health facilities and
services on a non-discriminatory basis,
especially for vulnerable or marginalized
groups, and to ensure equitable distribution of all such facilities and services.
For instance, the High Commissioner for
Human Rights has explained that LGBT
and intersex persons face particular barriers in exercising their right to health.57 In
addition, each state shall adopt and implement a national public health strategy and
plan of action addressing the health concerns of the whole population (with particular attention to all vulnerable or marginalized groups).
Another obligation is to provide essential
drugs as defined under the WHO Action
Programme on Essential Drugs. Among
the drugs listed on the WHO Model List
of Essential Medicines58 are anti-retroviral drugs (HIV medicine), medicine for
neonatal care (caffeine citrate used to
treat breathing problems in premature
infants) and contraceptives, including
p-pills, p-injections, intrauterine devices,
condoms, diaphragms and implantable
contraceptives.
56 Committee on Economic, Social and Cultural
Rights, General Comment No. 14.
57 OHCHR, “Born Free and Equal : Sexual Orientation
and Gender Identity under International Human Rights
Law”, p. 45 (2012)
58 16th list (updated), March 2010. For further
details, see Annex 1.
113
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