REPRODUCTIVE RIGHTS ARE HUMAN RIGHTS A HANDBOOK FOR NATIONAL HUMAN RIGHTS INSTITUTIONS REPRODUCTIVE RIGHTS ARE HUMAN RIGHTS A HANDBOOK FOR NATIONAL HUMAN RIGHTS INSTITUTIONS NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the United Nations Secretariat concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. * * * Symbols of the United Nations documents are composed of capital letters combined with figures. Mention of such a figure indicates a reference to a United Nations document. HR/PUB/14/6 © 2014 United Nations All worldwide rights reserved All photographs © UNFPA CONTENTS List of Boxes 7 List of Abbreviations 8 The Role of the United Nations Population Fund 10 The Role of the Office of the United Nations High Commissioner for Human Rights 10 The Role of the Danish Institute for Human Rights 11 Acknowledgements 11 Preface 12 Introduction 13 Purpose 13 Key Definitions 18 Content 20 1. Promoting the Reproductive Rights Agenda 21 Reproductive Rights are Human Rights 21 Examples of Key Practical Elements of Reproductive Rights 22 Understanding Sexual and Reproductive Health 24 International Commitments – a Historical Overview 24 2. The National Human Rights Institution Mandate 31 Assessing Workplace Policies and Building the Reproductive Rights Competence of Staff 35 Legislative and Administrative Provisions 38 Monitoring and Reporting at the National Level 42 Reproductive Rights: A Tool for Monitoring States’ Obligations 45 Ratification of International Instruments 56 International Reporting 57 Other Forms of International Accountability and Cooperation 60 Human Rights Education and Research 65 Increase Public Awareness 69 Complaints Handling 72 3. Promoting Reproductive Rights through a Human Rights-Based Approach to Development 75 Universality, Inalienability, Indivisibility and Interdependence of Human Rights 77 Equality and Non-Discrimination 77 Participation and Inclusion 81 Accountability and Rule of Law 82 The 3AQ – Availability, Accessibility, Acceptability and Quality 83 Applying a HRBA to the Development of Policies and Programmes 85 Planning and Budgeting 85 Implementation 87 Monitoring 87 4. Reproductive Rights and Human Rights Standards and Principles 89 Non-Discrimination and Equal Treatment 89 Right to Life 95 Right to Physical Integrity 99 Right to Marry and Found a Family 104 Right to Privacy and Family Life 106 Right to Information and Education 107 Right to the Highest Attainable Standard of Health 109 Right to Benefit from Scientific Progress 114 Further Reading 116 Annex 1: The International Human Rights Treaty Bodies and Reproductive Rights 118 Role of Treaty Bodies 118 General Comments or Recommendations 120 Human Rights Committee 120 Committee on Economic, Social and Cultural Rights 124 Committee on the Elimination of all Forms of Discrimination against Women 137 Committee on the Rights of the Child 150 Committee on the Elimination of all Forms of Racial Discrimination 165 Committee against Torture 166 Committee on Migrant Workers 168 Committee on the Rights of Persons with Disabilities 169 4 Individual Complaints 169 International Covenant on Civil and Political Rights 170 International Covenant on Economic, Social and Cultural Rights 172 Convention on the Elimination of all Forms of Discrimination against Women 172 Committee on the Rights of the Child 177 Committee on the Elimination of Racial Discrimination 177 Committee against Torture 177 Committee on Migrant Workers 177 Committee on the Rights of Persons with Disabilities 177 Concluding Observations and Recommendations – a Synthesis 178 Special Procedures 184 Overview 184 Special Rapporteur on the Right of Everyone to the highest Attainable Standard of Health 185 Special Rapporteur on Violence against Women, its Causes and Consequences 189 Special Rapporteur on the Right to Education 190 Special Rapporteur on the Rights of Indigenous Peoples 191 Special Rapporteur on the Situation of Human Rights Defenders 191 Annex 2: Regional Human Rights Instruments and Reproductive Health 192 Africa 192 Conventions 192 The African Commission on Human and Peoples’ Rights 195 Policy Documents 197 The Americas 201 Conventions 201 The Inter-American Commission on Human Rights 202 The Inter-American Court of Human Rights 203 Reports 204 Europe 205 Conventions 206 The European Court of Human Rights 206 Policies 208 5 Annex 3: NHRI Experiences with Reproductive Rights 209 Afghanistan 209 Australia 210 Bolivarian Republic of Venezuela 210 El Salvador 211 India 212 Jordan 214 Kenya 215 Malaysia 217 Mongolia 217 Namibia 218 Nepal 218 New Zealand 218 Palestine 219 Philippines 219 Portugal 220 Qatar 221 Republic of Korea 222 Senegal 222 South Africa 223 Thailand 224 Timor Leste 224 Uganda 225 Uzbekistan 226 6 LIST OF BOXES Box 1. A Brief Situation Description and Key Figures 15 Box 2. Men and Reproductive Rights 26 Box 3. HIV/AIDS and Reproductive Rights 29 Box 4. NHRIS’ Commitments to Reproductive Rights: the Amman Declaration and Programme of Action 33 Box 5. Collaboration with the United Nations 59 Box 6. Sexuality Education: Promoting Reproductive Rights and Gender Equality 67 Box 7. Ageing Women and Reproductive Rights 80 Box 8. Reproductive Rights and Disabilities 93 Box 9. Religious and Cultural Issues 96 Box 10. Violence against Women and Girls 102 Box 11. New Technology and Reproductive Rights 115 7 LIST OF ABBREVIATIONS ACHPR African Charter on Human and Peoples’ Rights ACHR American Convention on Human Rights AIDS Acquired immunodeficiency syndrome ECHR European Convention on Human Rights FBO Faith-based organization HIV Human immunodeficiency virus HRBA Human rights-based approach IACHR Inter-American Commission on Human Rights ICPD International Conference on Population and Develop- ment, Cairo 1994 LGBT Lesbian, gay, bisexual and transgender MDGs Millennium Development Goals MMR Maternal Mortality Rate NGO Non-governmental organization NHRI National human rights institution OHCHR Office of the United Nations High Commissioner for Human Rights SRH Sexual and Reproductive Health STIs Sexually Transmitted Infections UNAIDS The Joint United Nations Programme on HIV/AIDS UNDP United Nations Development Programme UNGA United Nations General Assembly UNFPA United Nations Population Fund UNICEF United Nations Children’s Fund UN Women United Nations Entity for Gender Equality and the Empowerment of Women UPR Universal Periodic Review WHO World Health Organization 8 9 THE ROLE OF THE UNITED NATIONS POPULATION FUND It is the mission of the United Nations Pop- gender equality and population dynamics ulation Fund (UNFPA), “to deliver a world in its work. With respect to human rights where every pregnancy is wanted, every birth and gender equality, UNFPA focuses on is safe and every young person’s potential is mainstreaming human rights in sexual and fulfi lled.” reproductive health programming as well as in strengthening national protection systems UNFPA’s 2014-2017 Strategic Plan furthers for advancing reproductive rights, promot- this agenda by identifying the agency’s goal ing gender equality and non-discrimination, to achieve universal access to sexual and addressing gender-based violence and reproductive health, secure reproductive enhancing accountability. UNFPA is working rights, and reduce maternal mortality to in the context of its strategic plan to also accelerate progress on the ICPD agenda. develop the capacities of National Human UNFPA focuses on improving the lives of Rights Institutions to monitor and protect adolescents and youth, and women and reproductive rights. ensures the integration of human rights, THE ROLE OF THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS The Office of the United Nations High The mandate includes preventing human Commissioner for Human Rights (OHCHR) rights violations, securing respect for all is mandated to promote and protect the human rights, promoting international coop- enjoyment and full realization, by all people, eration to protect human rights, coordinat- of all rights established in the Charter of the ing related activities throughout the United United Nations and in international human Nations, and strengthening and streamlining rights law. It is guided in its work by the United Nations human rights work. In addi- mandate provided by the General Assem- tion to its mandated responsibilities, it leads bly in resolution 48/141, the Charter of the efforts to integrate a human rights approach United Nations, the Universal Declaration of within all work carried out by the United Human Rights and subsequent human rights Nations system. instruments, the Vienna Declaration and Programme of Action of the 1993 World Conference on Human Rights, and the 2005 World Summit Outcome Document. 10 THE ROLE OF THE DANISH INSTITUTE FOR HUMAN RIGHTS The Danish Institute for Human Rights The Danish Institute for Human Rights pro- (DIHR) is Denmark’s National Human tects and promotes human rights through Rights Institution. It is established by law partnerships with state, civil society, the and mandated to promote and protect business community and independent institu- human rights and equal treatment in Den- tions, such as National Human Rights Institu- mark and internationally. DIHR wishes to tions, as well as in strategic cooperation with set standards and generate change. DIHR international and regional