should be provided, taking into account
the need to overcome taboos and barriers.
States should take steps to reduce maternal morbidity and mortality in adolescent
girls, particularly caused by early pregnancy and unsafe abortion practices, and
should support adolescent parents. In that
respect, programmes that provide access
to sexual and reproductive health services,
including family planning, contraception
and, where legal, safe abortion services,
adequate and comprehensive obstetric
care and counselling, and post-abortion
care should be developed and implemented by the state.53
53 Committee on the Rights of the Child, General
Comment No. 4 from 2003 on adolescent health
and development, paras. 6, 9, 24 and 30-31.
“The rights to sexual and reproductive health have an indispensable role to play in the struggle
against intolerance, gender inequality, HIV/AIDS and poverty” … “increased attention [should]
be devoted to a proper understanding of reproductive health, reproductive rights, sexual health
and sexual rights”. Ill health is a human rights violation when caused by the failure of the
state to respect, protect or fulfil a human rights obligation. Specifically with respect to
reproductive and sexual health, the question is whether the states are doing all in their
power to d
ismantle the barriers for the full enjoyment by individuals of their right to sexual
and reproductive health.
Source: The United Nations Special Rapporteur on the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health, 2004
The human rights treaty bodies have in
many of their concluding observations,
expressed concern with respect to high
maternal mortality rates. The committees
have made note of disadvantaged groups,
including indigenous persons and persons
in rural and remote areas, stressing the
need for equitable distribution of benefits.54 The need for effective programmes
to combat vertical transmission of HIV
has been specifically mentioned in a few
cases, as has the need for fully subsidized HIV/AIDS treatments. Promotion
of breastfeeding has been encouraged by
the Committee on the Rights of the Child.
54 For an overview of Concluding Observations,
see Annex 1.
112
Equally consistent have been the committees’ insistence on the obligation to ensure
all-encompassing access to sexual and
reproductive health services, including contraceptives, for women and adolescents, as
well as for indigenous persons, ethnic and
linguistic minorities, internally displaced
persons (IDPs) and persons in rural or
remote areas.
The Special Rapporteur’s Report of 13
September 200655 focuses on maternal
mortality and access to medicines. According to him the right to health should not be
seen as a right to specific health-related
goods, services and facilities but rather as
55 A/61/338.
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