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. 91