5. The right to sexual and reproductive health entails a set of freedoms and
entitlements. The freedoms include the right to make free and responsible decisions and
choices, free of violence, coercion and discrimination, regarding matters concerning one’s
body and sexual and reproductive health. The entitlements include unhindered access to a
whole range of health facilities, goods, services and information, which ensure all people
full enjoyment of the right to sexual and reproductive health under article 12 of the
Covenant.
6. Sexual health and reproductive health are distinct from, but closely linked, to each
other. Sexual health, as defined by the World Health Organization (WHO), is “a state of
physical, emotional, mental and social well-being in relation to sexuality”.
6 Reproductive
health, as described in the Programme of Action of the International Conference on
Population and Development, concerns the capability to reproduce and the freedom to make
informed, free and responsible decisions. It also includes access to a range of reproductive
health information, goods, facilities and services to enable individuals to make informed,
free and responsible decisions about their reproductive behaviour. 7
Underlying and social determinants
7. In its general comment No. 14, the Committee stated that the right to the highest
attainable standard of health not only included the absence of disease and infirmity and the
right to the provision of preventive, curative and palliative health care, but also extended to
the underlying determinants of health. The same is applicable to the right to sexual and reproductive health. It extends beyond sexual and reproductive health care to the underlying
determinants of sexual and reproductive health, including access to safe and potable water,
adequate sanitation, adequate food and nutrition, adequate housing, safe and healthy
working conditions and environment, health-related education and information, and
effective protection from all forms of violence, torture and discrimination and other human
rights violations that have a negative impact on the right to sexual and reproductive health.
8. Further, the right to sexual and reproductive health is also deeply affected by “social
determinants of health”, as defined by WHO.
8
In all countries, patterns of sexual and
reproductive health generally reflect social inequalities in society and unequal distribution
of power based on gender, ethnic origin, age, disability and other factors. Poverty, income
inequality, systemic discrimination and marginalization based on grounds identified by the
Committee are all social determinants of sexual and reproductive health, which also have
an impact on the enjoyment of an array of other rights as well.9 The nature of these social
determinants, which are often expressed in laws and policies, limits the choices that
individuals can exercise with respect to their sexual and reproductive health. Therefore, to
realize the right to sexual and reproductive health, States parties must address the social
determinants as manifested in laws, institutional arrangements and social practices that
prevent individuals from effectively enjoying in practice their sexual and reproductive
health.
5
For the purpose of the present general comment, references to lesbian, gay, bisexual,
transgender and intersex persons include other persons who face violations of their rights on the
basis of their actual or perceived sexual orientation, gender identity and sex characteristics,
including those who may identify with other terms. For intersex persons, see fact sheet
available from https://unfe.org/system/unfe-65-Intersex_Factsheet_ENGLISH.pdf.
6
See WHO, Sexual Health, Human Rights and the Law (2015), working definition on sexual
health, sect. 1.1.
7
See Programme of Action of the International Conference on Population and Development,
chap. 7.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.