Participation should be regarded not only as
a tool but also as a goal for achieving universal access to reproductive rights because
participation means that the affected people
have decided for themselves. Participation
is closely connected to ownership and is
therefore paramount when implementing
reproductive rights.
Empowerment and participation are also
connected to the right to information as
one cannot be empowered and participate without proper information. In the
case of reproductive rights, information
on contraceptives, HIV/AIDS and other
STIs, cervical cancer, family planning and
pre- and post-natal health care should be
widely available. Similarly, access to information, including information on government policies, budgetary allocations and
public expenditure, is a prerequisite for
accountability and meaningful participation
in all stages of policymaking, implementation and monitoring and evaluation. On that
account, local, regional and national entities
dealing with sexual and reproductive health
and reproductive rights must be accessible to the population. Information relating
to reproductive rights should be available,
transparent and timely and in a form and
language that can be accessed also by the
most vulnerable, the illiterate etc.
In its own programmes, a NHRI should
take steps to ensure the participation of all
stakeholders, including marginalized groups.
Among the issues that a NHRI should focus
on when working with reproductive rights
is that the state designs its programmes in
such a way as to ensure proper p
articipation
and empowerment of the concerned
individuals and groups.
ACCOUNTABILITY AND RULE OF LAW
States and other duty-bearers have to comply with the legal norms and standards
enshrined in human rights instruments.
Where they fail to do so, rights-holders
should be able to institute proceedings for
appropriate redress before a competent
court, a NHRI, an administrative body or
similar in accordance with rules and procedures provided by law, thereby holding
duty-bearers accountable for the non-compliance with human rights norms and standards. Planning, design and implementation
of government policy should be done in a
transparent manner to give right-holders a
real possibility to hold duty-bearers accountable during all phases.
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This requires clear roles and responsibilities,
transparent decision-making processes and
criteria, access to information, and effective
mechanisms to demand accountability. In
addition to ensuring that the processes are
transparent at all levels and that there are
recourse opportunities, it is necessary to
build the capacity of rights-holders (individuals and groups) to ensure that they can
make use of the means afforded them.
Accountability is not only important in the
duty-bearer/rights-holders relationship, but
also among duty-bearers themselves. In
the health system, especially where reproductive health is concerned, accountability
between health workers and the users they
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