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4. Reproductive rights and human rights standards and principles
EPRODUCTIVE RIGHTS AND
R
HUMAN RIGHTS STANDARDS
AND PRINCIPLES
The ICPD Programme of Action affirms in
its paragraph 7.3 that reproductive rights
embrace certain human rights that are already
recognized in national laws, international
human rights documents and other consensus
documents. The following chapter outlines
the legal basis for the rights that collectively
constitute reproductive rights. In addition to
referring to binding international and regional
human rights instruments, reference will be
made to decisions, comments and concluding observations of the various international
human rights bodies and mechanisms. An
outline of these bodies and mechanisms
can be found in Annex 1, which also contains extensive quotes of most of the United
Nations comments, decisions and statements
mentioned in this Chapter. Annex 1 also
includes information on the African, American
and European human rights systems.
NON-DISCRIMINATION AND EQUAL TREATMENT
NON-DISCRIMINATION AND EQUAL TREATMENT IN LAW
Articles 2(1), 3 and 26 of International Covenant on Civil and Political Rights contain
provisions on non-discrimination. Article 2 reads: “Each State Party to the present Covenant
undertakes to respect and to ensure to all individuals within its territory and subject to its
jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as
race, colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status.”
Article 2(2) of International Covenant on Economic, Social and Cultural Rights also
establishes the prohibition on discrimination, as does Article 2 (1) of the Convention on
the Rights of the Child. The three main regional human rights treaties all contain non-
discrimination clauses: Article 14 of the European Convention on Human Rights (ECHR),
Article 1 of the American Convention on Human Rights (ACHR) and Article 2 of the African
Convention on Human and Peoples’ Rights (ACHPR).
Especially relevant for reproductive rights issues is the Convention on the Elimination of All
Forms of Discrimination against Women. Article 1 of the Convention on the Elimination of
All Forms of Discrimination against Women defines discrimination against women, while
Article 2 sets out what states shall do to combat such discrimination. This includes to:
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