1. The
human right to health,
-The
Convenant on Social, Economic and Cultural - Rights article 12 (1)
“the
highest attainable standard”
- The Committee on Social and
Economic Rights, General Comment 14
-12. The obligation to make health facilities,
goods and services accessible, without discrimination on the basis of class,
sex:
- Physical
accessibility
- Economic
accessibility
-
Information accessibility
- 18, 19 and 20 access on a
non-discriminatory basis
- Outreach, the right
to safe birth, maternal care, anti-retrovirals for pregnant women interpreted
in the light of the right to life, SPR, article 6(1) (Cook p.9-12)
The CEDAW article 12
- article 12.1 –
negative obligation: not to discriminate women
- article 12.2 - positive obligation: lay the foundation for
women’s reproductive choice
- CEDAW Committee
General Recommendation 24
2. CEDAW article 12.1. and article 1 Non-discrimination
- Direct discrimination
-Making
access dependent on marital status, see article 1
General
Recommendation 24, 14
“States should not restrict women’s access to
health services or to the clinics that provide those services on the ground
that women do not have the authorization of
husbands, partners, parent or health authorities because they are
unmarried or because they are women!
-
Differential
treatment based on biological difference
- General
Recommendation 24, 12. States have an obligation to report how they address:
“a) biological factors that differ
for women in comparison with men, such as their menstrual cyclus, the
reproductive function and menopause.”
-
The Norwegian Gender Equality Board, case 4/2003. The sterilization case.
Differencial prizing for men and women was seen as direct discrimination.
- Indirect
discrimination, covert discrimination
- General
Recommendation 14.20:
The
Committee recommends that states integrate a gender perspective on their health
related policies, planning, programme and research to promote better health to
women and men. A gender-based approach recongnizes that biological and
socio-cultural factors play a significant role in influencing the health of
women and men. The disaggregation of health and socio-econmic data according to
sex is seen as essential for idntifying and remedying inequalities in health.
-
Difference between women and men
- Systematic priority
of diseases that are more common among men than those among women,
- Differences between
women. General Recommendation 24.9 “Assessment of the health status and
needs of women in that country take into account an y ethnic, regional or
community variation or practices based on religion, tradition or culture
- Health services must
be organised so as to respect moral norms of physcial segregation between women
and men among many immigrant groups
- Bottom line given
in Recommendation No.19 concerning violence against women:
20. In some states
there are traditional practices perpetuated by culture and custom that are
harmful to the health of women and children. These practices include dietary
restriction for pregnant women, preferance for male children and female
circumsision or genital mutilation.
- General
Recommendation no. 14 recommends that states parties:
- Take
measures to eradicate the practice of female circumsicision
- Include strategies
to eradicate in their health policies
- Report to CEDAW on
measures taken to eradicate
3. CEDAW article 12.2 – Positive
obligation to lay a foundation for women’s reproductive choice..
- CEDAW article 16.1 (e), 10 (h) and 14 b
- 10 h
gives women a right to: specific educational information to health ensure the
health and well being of families, incdluding advice on family planning.”
-
Access to family planning
- Access to information about family
planning
3.1 What is
family planning??
- Abortion
- Article 2 of the European Convention on the
human right to life
-
Applicaion No. 8416/79. Bruggerman/Scheuten against Federal
Republic of Germany
-
Right to autonomy versus right to life. The Human Rights Commission did not
state that the fetuses had an independent right but referred to article 6 n r.
5 in the UN Convention on Civil and Political Rights which state that a death
penalty over a pregnant woman not can be executed.
- Within the margin of
appreciation of the state
- Cairo
“In no case should abortion be promoted as a
method of family planning. All Governments and relevant inter-governmental and
non-governmental organization are urged to strengthen their commitment to
women’s health concern deal with the health impact of unsafe abortion as a
major public health concern and introduce the recourse to abortion through
expanded and improved family-planning services.”
-Beijing
Steps to be taken should: “Recognize and deal with the
health impact of unsafe abortions as a major public health concern, as agreed
in paragraph 8.25 of the Cairo
-
CEDAW General Recommendation No. 21 – does not define family planning
- CEDAW comments to country reports, ex. Zimbabwe
“The Committee suggests that
Government review the law prohibiting abortion and provide sex education and
practical family planning to both youth and adults—
- SPR, article 9 (1), the right to security of
the person. Unsafe abortion causing maternal deaths, restrictive criminal laws
(Cook p.14.15)
3.2 The
right to Information about family planning
- The relation ship between CEDAW 16, 12, 10
and the International Covenant on Civil and Political Rights article 19 (3)
limiting freedom of speech In the light of
- ".. public order, public, health and
public morals.."
- Article 10 of the European Human Rights
Convention
- "The right of freedom of expression shall
Includeed freedom to recieve and iImpart Information and Ideas without
Interference by public authority
- Human Rights Committee stated that a certain
margin of appreciation Is accorded to the states parties
Cases:
- The European Court of Human Rights, Open Door
and Dublin Well Women v Ireland
The court affirmed a right to free speech which
included the dissemination of telephone numbers of British medical clinics, for
medical information , I including abortion information.
- The Court of Justice of the European Community , Ireland
The court stated that Europe ’s
open borders protect the free flow of information about medical services,
including information about abortion clinics.
3.3 Adolescents
Does teenagers have right to access and right
to information:
CRC Article 2:
“States shall respect and ensure the rights set
forth in the present Convention irrespective of race, colour, sex, language,
religion..”
CRC Article 17:
“State parties shall ensure that the child has
access to information and material from a diversity of national and
international sources, especially those aimed at the promotion of his or her
social, spiritual and moral well-being and physical and metal health. “
CRC Article 27:
“States parties recognize the right of every
child to a standard of living adequate for the child’s physical, mental,
spiritual, moral and social development.
The Child Right Committee General Comments to
the Convention, no 3 and no 4
GC 3, HIV/AIDS and the rights of the child :
16. children should have the right to access
adequate information related to HIV/AIDS prevention and care, through formal
channels.
20 . The Committee is concerned that health
services are generally still insufficiently responsive to the needs of children
under 18 yet, in particular adolescents. Should be rendered confidential sexual
and reproductive health services and free low cost contraceptives, methods and
services..
GC no 4 Adolescent health and development
28. In the light of article 3, 17 and 24 of the
Convention, States parties should provide the adolescents with access to sexual
and reproductive information, including on family planning and contraceptives,
the dangers of early pregnancy and treatment of sexually transmitted diseases,
In addition States parties should ensure that they have access to appropriate
information, regardless of their marital status. And whether their parents or
guardian consent.
A right to reproductive and sexual education in
school??
- Article 13 (1) CESCR “Education for full
development” (Hellum , 50)
- Education versus religious conviction,
children’s rights versus parents- authority
-
Kjeldsen Busk/Madsen case
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