The right to health includes the right to sexual and reproductive health and is paramount
to the advancement of women’s rights as
a whole.46 According to the Committee on
Economic, Social and Cultural Rights, “the
right to health is an inclusive right, extending not only to timely and appropriate health
care, but also to the underlying determinants of
health, such as access to safe and potable water
and adequate sanitation, healthy occupational
and environmental conditions, and access to
health-related education and information, including on sexual and reproductive health”.47
In General Comment No. 14, the Committee
also explains that the right to health includes
both freedoms and entitlements, including
“the right to control one’s health and body,
including sexual and reproductive freedom, and
the right to be free from interference, such as
the right to be free from torture, non-consensual
medical treatment and experimentation”. This
General Comment also contains the reference to the 3AQ: availability (existence of
relevant facilities, services and programmes,
including drugs), accessibility (non-discrimination, within physical reach, affordable and
including health information), acceptability
(including sensitivity to gender and life cycle)
and quality.48
The Committee on the Elimination of All
Forms of Discrimination against Women in
its General Recommendation No. 24 (1999)
on women and health emphasizes the
obligation of states to eliminate all discrimination against women in access to health
services “throughout the life cycle, particularly
in the areas of family planning, pregnancy,
confi nement and during the post-natal period.”
This should be done paying special attention “to vulnerable and disadvantaged groups,
such as migrant women, refugee and internally displaced women, the girl child and older
women, women in prostitution, indigenous
women and women with physical or mental
disabilities”. It is inappropriate for “a health
care system [to lack] services to prevent, detect
and treat illnesses specifi c to women” and it
is “discriminatory for a State party to refuse
to legally provide for the performance of certain reproductive health services for women”.
Furthermore, States cannot “restrict women’s access to health services ... on the ground
that women do not have the authorization of
husbands, partners, parents or health authorities, because they are unmarried or because
they are women.” Nor can States “criminalize
medical procedures only needed by women”
and “punish women who undergo those
procedures”.49
The Committee on the Elimination of All
Forms of Discrimination against Women50
found that a woman’s right to health care
(Article 12.1) had been violated when the
state did not secure fully informed consent
to sterilization. Consequently, the Committee recommended clarifying the provisions
on consent to sterilization and monitoring
facilities providing sterilization. In another
46 OHCHR and WHO, Fact Sheet on “The Right to
Health”.
47 Cf. Para. 14 of General Comment No. 14 on the
right to the highest attainable standard of health,
2000.
48 Committee on Economic, Social and Cultural
Rights General Comment No. 14 from 2000 on the
right to health.
110
49 Committee on the Elimination of All Forms of
Discrimination against Women, General Recommendation No. 24 from 1999 on women and health,
paras. 2, 11 and 14.
50 CEDAW/C/36/D/4/2004, Ms. A. S. vs. Hungary
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