but should invite input from the NHRI and
from civil society.
In some countries every time a state report
is due, the government organizes a truly
inclusive process that ensures input from
civil society, the NHRI and other relevant
stakeholders and takes care to reflect such
input fairly in the state report in question. In
particular in connection with the UPR process (the Universal Periodic Review process
of the Human Rights Council) many governments hold workshops and meetings to get
input. It does not encroach on the independence of a NHRI to assist the government
in organizing an inclusive process and in
helping to ensure that all relevant issues,
such as reproductive rights, are put on the
agenda for the process. If the government is
not prepared to lead a participatory process,
nobody is better placed than the NHRI to
take the initiative to gather the stakeholders
to provide input that can both be communicated to the government for inclusion in
some form in the state report and be used
for shadow reporting (the term normally
used for reports by NHRIs, civil society and
other stakeholders to supplement the official
state reporting).
Since the NHRI is centrally placed with
respect to international reporting, no
matter the position of the government,
the NHRI can take steps to ensure that
reproductive rights are considered for all
reports, including reports for the UPR
process. If the government does not
include this issue in a satisfactory way
in the actual state reporting, the NHRI
should make sure this is included, for
instance, in the UPR stakeholders’ report
or in shadow reports to United Nations
Treaty Bodies.
58
The United Nations human rights committees are pleased to welcome representatives
of NHRIs to their meetings and will in some
cases even give NHRIs the right to make
its own presentation, independent of the
presentation of the government, as part of
the examination process. This is an excellent
platform to highlight issues relating to reproductive rights.
The United Nations human rights committees have made broad ranging statements on reproductive rights in their
general comments/recommendations
and concluding observations as can be
seen in Annex 1. In addition many policy
documents, several of them universally
approved or adopted by governments at
the highest level, contain statements and
commitments with respect to reproductive
rights. When providing input on reproductive rights, either to state reporting or in
shadow reports, it strengthens the arguments if the input is supported by reference to such statements.
Once the human rights body in question has
made its final pronouncement based on the
examination, the NHRI again has an important role to play. The concluding observations should be scrutinized by the NHRI,
and the NHRI should monitor to what extent
the state is implementing these.
As indicated above, the NHRI can also play
a role in assuring that civil society takes
steps to play a similar constructive role
when it comes to examination by United
Nations human rights committees.
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