A/HRC/18/27
experts and regional bodies, and summarized in the OHCHR report on preventable maternal
mortality and morbidity and human rights (A/HRC/14/39). State obligations are
underpinned by seven specific human rights principles: equality and non-discrimination,
participation, empowerment, transparency, sustainability, international cooperation and
accountability. Giving effect to these principles is at the core of a human rights-based
approach to the elimination of maternal mortality and morbidity and to achieve Millennium
Development Goal 5 on maternal health.
4.
International human rights treaties and their interpretation by human rights bodies
have made clear that many of the obligations that States must undertake to prevent maternal
mortality and morbidity are not subject to progressive realization but are of immediate
effect.5 The International Covenant on Economic, Social and Cultural Rights recognizes
that the Covenant also imposes certain core obligations; the Committee on Economic,
Social and Cultural Rights, in its general comment no. 14, emphasized that a State party
could not, under any circumstances whatsoever, justify its non-compliance with the core
obligations, which are non-derogable. In the same comment, the Committee stated that the
provision of maternal health services is a core obligation: States have the immediate
obligation to take deliberate, concrete and targeted steps towards fulfilling the right to
health in the context of pregnancy and childbirth. In its general recommendation, the
Committee on the Elimination of Discrimination against Women emphasized that States are
required to ensure services for maternal health and equality in access to health services:
denying services that only women need is a form of discrimination. Moreover, the right to
life and other civil and political rights, and the right to non-discrimination, are not subject
to progressive realization.6
III.
Common features of good and effective practices to reduce
maternal mortality and morbidity using a human rightsbased approach
5.
The current rate of global decline is insufficient to achieve the Millennium
Development Goal target of reducing maternal mortality ratios by three quarters between
1990 and 2015.7 Good and effective practices to eliminate mortality and morbidity using a
human rights-based approach may be complex and specific to the local situation, but, an
analysis of all responses to the note verbale sent by OHCHR reveal that they share five
features:
(a)
Broad social and legal changes to enhance women’s status by promoting
gender equality and eliminating harmful practices;
(b)
Increasing access to contraception and family planning to enable women and
adolescent girls to make decisions regarding their sexuality and fertility, including
delaying and limiting childbearing and preventing sexually-transmitted infections,
including HIV/AIDS, supported by access to education on sexuality and sexual and
reproductive health;
5
Committee on the Elimination of Discrimination against Women, general recommendation No. 24
(art. 12), para. 11.
6
See Human Rights Committee, general comment No. 6 (art. 6) on the right to life, para. 5; and
Committee on Economic, Social and Cultural Rights, general comment No. 20 (art. 2, para. 2), para.
7.
7
A/64/665, para. 30.
4
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