4. Reproductive rights and human rights standards and principles
case,51 the Committee found that a state
had violated its obligation under Article 12.2
to provide appropriate services in connection with pregnancy, confinement and
the post-natal period by failing to provide
proper obstetric care following the delivery
of a stillborn foetus, which led to the death
of the mother. In connection with this case,
the Committee refuted the argument that
the state could be free of responsibility
due to the service provider being a private
enterprise. This was a case of triple discrimination where the Committee found the
victim to have been discriminated against
not only due to her sex but also due to her
ethnicity, being of African descent, and
socio-economic background. In addition to
the recommendations directly concerning
the provision of healthcare, the Committee
stressed the need for effective remedies
and, in this connection, the provision of
training for the judiciary and law enforcement personnel.
The obligations to take measures to reduce
infant mortality, including ensuring access
to essential health services for the child and
pre- and post-natal care for mothers, and to
adopt effective and appropriate measures to
abolish harmful practices, such as early marriage and female genital mutilation (FGM),
can be found in General Comment No. 14.
According to it, states have an obligation to
ensure that adolescents can participate in
decisions affecting their health and receive
appropriate information and counselling and
to provide youth-friendly health care, including appropriate sexual and reproductive
health services.
51 CEDAW/C/49/D/17/2008, Ms. Da Silva Pimentel vs.
Brazil
Adolescents are an especially vulnerable
group where reproductive rights are concerned. Health services should take into
account the needs of children and adolescents, including HIV-related information,
counselling and testing, confidential sexual
and reproductive health services, and free
or low-cost contraceptive methods and
services, as well as HIV-related care and
treatment. Special care should be taken to
reach vulnerable children, such as children
with disabilities, indigenous children, children belonging to minorities, and children
living in rural areas or in extreme poverty.
Testing should be conducted only after
informed consent has been given. In the
case of children, either the parent/guardian
or the child must consent. States should also
focus on vertical transmission and work on
the prevention of HIV among parents-to-be
and the prevention of unintended pregnancies in HIV-positive women. The necessary
anti-retroviral drugs and the necessary antenatal, delivery and post-partum care, should
be available.52
Adolescent health should be prominent in
states’ policies in order to promote reproductive rights. There should be minimum
legal ages (equal for boys and girls) for
sexual consent, marriage and the possibility of medical treatment without parental
consent. Harmful practices, including early
marriage and female genital mutilation,
should be eliminated by awareness-raising
campaigns, education programmes and
legislation.
In relation to STIs, goods and services
necessary to prevent and treat them
52 Committee on the Rights of the Child, General
Comment No. 3 on HIV/AIDS and the rights of the
child, from 2003, paras. 20- 26.
111
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