4. Reproductive rights and human rights standards and principles
In one of its decisions on an individual complaint,44 the Committee on the Elimination of
All Forms of Discrimination against Women
found that a state had violated Article 10 (h)
(access to information) by failing to provide
appropriate information and advice on family
planning to a Roma woman who had been
sterilized in connection with the removal
of a dead foetus. The only form of consent
had been a handwritten note to the extent
that she requested a sterilization, a term she
did not know and only understood after the
procedure had been done.
In their Concluding Observations as part of
the state reporting procedure, the United
Nations Committees have focused much
on the duty to ensure education and awareness on sexual and reproductive health,
including on HIV, and have in that respect
highlighted the special needs of indigenous groups, ethnic and linguistic minorities and other vulnerable groups and of
adolescents.45
44 CEDAW/C/36/D/4/2004, Ms. A. S. vs. Hungary
Annex 1.
45 For an overview of the Concluding Observations, see
RIGHT TO THE HIGHEST ATTAINABLE STANDARD
OF HEALTH
THE RIGHT TO THE HIGHEST ATTAINABLE STANDARD
OF HEALTH IN LAW
Article 12 of the International Covenant on Economic, Social and Cultural Rights
recognizes the right of all persons to the highest attainable standard of health. The same
right for children is set out in Article 24 of the Convention on the Rights of the Child, and
for p
ersons with disabilities in Article 25 of the Convention on the Rights of Persons with
Disabilities. Article 12 of the Convention on the Elimination of All Forms of D
iscrimination
against Women prohibits discrimination against women in the field of healthcare
and furthermore guarantees women “appropriate services in connection with pregnancy,
confi nement and the post-natal period, granting free services where necessary, as well as
adequate nutrition during pregnancy and lactation”. In Article 14 on rural women, securing
“access to adequate health care facilities, including information, counselling and services in
family planning” is set out as an obligation. The ACHPR recognizes the right to health in
Article 16, and Article 14 of the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa seeks to ensure the right to health, especially to
sexual and reproductive health. Article 8 of the ECHR has been understood to include the
right to health.
109
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