4. Reproductive rights and human rights standards and principles
RIGHT TO PHYSICAL INTEGRITY
THE RIGHT TO PHYSICAL INTEGRITY IN LAW
The right to freedom from torture and other cruel, inhuman or degrading treatment can
be found in Article 7 of the International Covenant on Civil and Political Rights, Article 3 of
the ECHR, Article 5 of the ACHPR and Article 5 of the ACHR as well as in the Convention
against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. The
Convention prohibits torture in Article 2 and other cruel, inhuman or degrading treatment
and punishment in Article 16.
The right to physical integrity implies that all
persons have the right to control their own
bodies, including their sexual and reproductive life, and be free from any intervention,
medical or otherwise, save with their full,
free and informed consent.
The prohibition against cruel, inhuman and
degrading treatment is non-derogable like
the prohibition against torture, and a state
violates Convention against Torture if it
fails to prevent acts prohibited by the Convention, including gender-based violence,
such as rape, domestic violence, and female
genital mutilation and trafficking. “Deprivation of liberty, medical treatment, particularly
involving reproductive decisions, and violence by
private actors in communities and homes” are
potential violations of CAT; states are in this
respect asked to identify situations where
“men and women and boys and girls may be
subject to violations of the Convention on the
basis of their actual or perceived non-conformity with socially determined gender roles”.21
21 Committee against Torture, General Comment
No. 2 on the implementation of Article 2 of CAT.
Domestic and other forms of violence
against women, including rape, forced
abortion and sterilization, and female genital mutilation may constitute violations of
International Covenant on Civil and Political
Rights Article 7. Furthermore, in order not
to violate the prohibition against torture,
detained pregnant women must receive
humane treatment, in particular during birth
and while caring for newborn children; this
includes medical treatment and healthcare
for such mothers and their babies.22
In 200623 the Human Rights Committee
found that a state had violated Article 7 of
International Covenant on Civil and Political
Rights on the grounds of cruel, inhuman or
degrading treatment by refusing to allow an
abortion when it was clear that there was
a life-threatening risk for the complainant.
The Committee stressed, “The right set out
in article 7 of the Covenant relates not only to
physical pain but also to mental suffering, and
22 Human Rights Committee, General Comment
No. 28 on equality between men and women from
2000.
23 CCPR/C/85/D/1153/2003, Miss K.L.N.H. vs.
Peru.
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