33. As prescribed by article 2 (1) of the Covenant, States parties must take steps, to the
maximum of their available resources, with a view to achieving progressively the full
realization of the right to sexual and reproductive health. States parties must move as
expeditiously and effectively as possible towards the full realization of the highest
attainable standard of sexual and reproductive health. This means that, while full realization
of the goal may be achieved progressively, steps towards it must be taken immediately or
within a reasonably short period of time. Such steps should be deliberate, concrete and
targeted, using all appropriate means, particularly including, but not limited to, the adoption
of legislative and budgetary measures.
34. States parties are under immediate obligation to eliminate discrimination against
individuals and groups and to guarantee their equal right to sexual and reproductive health.
This requires States to repeal or reform laws and policies that nullify or impair the ability of
certain individuals and groups to realize their right to sexual and reproductive health. There
exists a wide range of laws, policies and practices that undermine autonomy and right to
equality and non-discrimination in the full enjoyment of the right to sexual and
reproductive health, for example criminalization of abortion or restrictive abortion laws.
States parties should also ensure that all individuals and groups have equal access to the full
range of sexual and reproductive health information, goods and services, including by
removing all barriers that particular groups may face.
35. States must adopt the measures necessary to eliminate conditions and combat
attitudes that perpetuate inequality and discrimination, particularly on the basis of gender,
in order to enable all individuals and groups to enjoy sexual and reproductive health on the
basis of equality.29 States must recognize, and take measures to rectify, entrenched social
norms and power structures that impair the equal exercise of that right, such as gender
roles, which have an impact on the social determinants of health. Such measures must
address and eliminate discriminatory stereotypes, assumptions and norms concerning
sexuality and reproduction that underlie restrictive laws and undermine the realization of
sexual and reproductive health.
36. As needed, States should implement temporary special measures to overcome
long-standing discrimination and entrenched stereotypes against certain groups and to
eradicate conditions that perpetuate discrimination. States should focus on ensuring that all
individuals and groups effectively enjoy their right to sexual and reproductive health on a
substantively equal basis.
37. A State party has the duty to establish that it has obtained the maximum available
resources, including those made available through international assistance and cooperation,
with a view to complying with its obligations under the Covenant.
38. Retrogressive measures should be avoided and, if such measures are applied, the
State party has the burden of proving their necessity. 30 This applies equally in the context
of sexual and reproductive health. Examples of retrogressive measures include the removal
of sexual and reproductive health medications from national drug registries; laws or
policies revoking public health funding for sexual and reproductive health services;
imposition of barriers to information, goods and services relating to sexual and reproductive
health; enacting laws criminalizing certain sexual and reproductive health conduct and
decisions; and legal and policy changes that reduce oversight by States of the obligation of
private actors to respect the right of individuals to access sexual and reproductive health
services. In the extreme circumstances under which retrogressive measures may be
inevitable, States must ensure that such measures are only temporary, do not
disproportionately affect disadvantaged and marginalized individuals and groups, and are
not applied in an otherwise discriminatory manner.
29 See Committee on Economic, Social and Cultural Rights general comment No. 16, paras. 6-9.
30 See Committee on Economic, Social and Cultural Rights general comment No. 14, para. 32.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.