A/68/44
Illegal abortions
(23) The Committee takes note of the explicit recognition of sexual and reproductive
rights accorded in article 66 of the Constitution and of article 20.I.7 of Act No. 348, which
sets forth the State party’s obligation to “respect the decisions taken by women victims of
violence in exercising their sexual rights and their reproductive rights in accordance with
the laws and regulations in force”. However, the Committee notes with concern that, under
article 266 (permissible abortions) of the Criminal Code, rape victims who decide to
interrupt their pregnancy must obtain authorization from a judge in order to do so.
Information made available to the Committee regarding the use of the right to conscientious
objection by the judiciary indicates that this requirement constitutes an insurmountable
obstacle in many cases, and women in this situation are therefore forced to undergo illegal
abortions, with all the health risks that this entails (arts. 2 and 16).
The State party should ensure that rape victims who voluntarily decide to interrupt
their pregnancy have access to safe abortions. To this end, the State party should do
away with any unnecessary obstacle in that regard. The Committee refers the State
party to the recommendations made to it by the Committee on the Elimination of
Discrimination against Women (CEDAW/C/BOL/CO/4, paras. 42 and 43). The
Committee against Torture urges the State party to evaluate what effects the current
highly restrictive laws on abortion have on women’s health.
Forced labour and servitude
(24) The Committee regrets that it has received very little information on the
implementation of the transitional interministerial plan to defend the rights of the Guaraní
people or on progress in eradicating forced labour and servitude in Guaraní communities
(arts. 2 and 16).
The Committee urges the State party to redouble its efforts to eradicate forced labour
and servitude and to continue its efforts to implement the agreements reached
between government authorities and representatives of the Guaraní people in this
regard.
Other issues
(25) The Committee invites the State party to deposit an instrument of ratification for the
Second Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty, with the Secretary-General of the United
Nations.
(26) The Committee invites the State party to disseminate its report to the Committee and
these concluding observations widely, in all the appropriate languages, by means of official
websites, the media and NGOs.
(27) The Committee requests the State party to furnish it with information by 31 May
2014, at the latest, on the action it has taken in response to the recommendations that it: (a)
consolidate or strengthen fundamental legal safeguards for persons in custody; (b) promptly
conduct impartial, effective investigations; and (c) prosecute persons suspected of
committing torture or ill-treatment and punish those found guilty of having done so. These
recommendations are set forth in paragraphs 9 (b), 11 (d) and 13 (c) herein. In addition, the
Committee would like to be informed about the measures adopted to prevent and deal
appropriately with cases of sexual abuse of children in educational institutions. The
corresponding recommendation is set forth in paragraph 16 (a) herein.
(28) The Committee invites the State party to submit its third periodic report by 31 May
2017. To that end, it invites the State party to agree, by 31 May 2014, to use the optional
reporting procedure, whereby the Committee would transmit a list of issues to the State
GE.13-46043
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