Annex 1
General
Comment
Provisions related to Reproductive Rights
Paragraphs 36 and 37 deal with the obligation to fulfil: “Public
health infrastructures should provide for sexual and reproductive health
services, including safe motherhood, particularly in rural areas. States
have to ensure the appropriate training of doctors and other medical
personnel, the provision of a suffi cient number of hospitals, clinics and
other health-related facilities, and the promotion and support of the
establishment of institutions providing counselling and mental health
services, with due regard to equitable distribution throughout the
country.”
The core obligations with respect to health, meaning the
obligations that cannot be derogated from, are set out in Paragraph
43, “In General Comment No. 3, the Committee confi rms that States
parties have a core obligation to ensure the satisfaction of, at the very
least, minimum essential levels of each of the rights enunciated in the
Covenant, including essential primary health care. Read in c onjunction
with more contemporary instruments, such as the Programme of Action
of the International Conference on Population and Development, the
Alma-Ata Declaration6 provides compelling guidance on the core
obligations arising from article 12. Accordingly, in the Committee’s view,
these core obligations include at least the following obligations:
1. To ensure the right of access to health facilities, goods and
services on a non-discriminatory basis, especially for vulnerable or
marginalized groups;
2. To ensure access to the minimum essential food which is
nutritionally adequate and safe, to ensure freedom from hunger to
everyone;
3. To ensure access to basic shelter, housing and sanitation, and an
adequate supply of safe and potable water;
6 The Declaration of Alma-Ata was adopted at the International Conference on Primary Health Care,
Alma-Ata, USSR, 6-12 September 1978
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