A/HRC/31/57
Human Rights found that the sterilization of a Roma woman who consented to the
procedure only during delivery by caesarean section violated the prohibition of torture and
ill-treatment.25 Documented practices that may violate the prohibition of torture and illtreatment include Government-sponsored family planning initiatives targeting economically
disadvantaged and uneducated women that shortcut the process of obtaining consent,
sterilization certificates required by employers and coerced sterilization of HIV-positive
women in some States. Despite the fundamental rights enshrined in the Convention on the
Rights of Persons with Disabilities, women and girls with disabilities are also particularly
vulnerable to forced sterilization and other procedures such as imposed forms of
contraception and abortion, especially when they are labelled “incompetent” and placed
under guardianship (A/67/227).
Other abusive practices in health-care and educational settings
46.
Women and girls seeking reproductive health care in professional settings are often
exposed to severe pain and suffering and coerced into or subjected to unwanted, degrading
and humiliating procedures and examinations. In some States, such practices include
requiring sex workers to undergo weekly gynaecological examinations and blood tests, and
forced or coerced pregnancy testing by means of physical examination or urine testing as a
precondition for attending schools and public examinations. Virginity testing and the
expulsion of pregnant girls from schools, which often result in long-term harmful
consequences, constitute forms of discrimination and ill-treatment.
47.
In many States women seeking maternal health care face a high risk of ill-treatment,
particularly immediately before and after childbirth. Abuses range from extended delays in
the provision of medical care, such as stitching after delivery to the absence of anaesthesia.
Such mistreatment is often motivated by stereotypes regarding women’s childbearing roles
and inflicts physical and psychological suffering that can amount to ill-treatment. The
detention of post-partum women in health-care facilities for failure to pay medical bills
amounts to ill-treatment by separating new mothers from their children and exposing them
to significant health risks.26
Lesbian, gay, bisexual, transgender and intersex persons in health-care settings
48.
Lesbian, gay, bisexual, transgender and intersex persons are frequently denied
medical treatment and subjected to verbal abuse and public humiliation, psychiatric
evaluations, forced procedures such as sterilization, “conversion” therapy, hormone therapy
and genital-normalizing surgeries under the guise of “reparative therapies”. These
procedures are rarely, if ever, medically necessary, lead to severe and life-long physical and
mental pain and suffering and can amount to torture and ill-treatment (A/HRC/22/53). The
criminalization of same-sex relationships and pervasive discrimination against lesbian, gay,
bisexual, transgender and intersex persons lead to the denial of health care, information and
related services, including the denial of HIV care, in clear violation of international human
rights standards such as the Yogyakarta Principles on the Application of International
Human Rights Law in relation to Sexual Orientation and Gender Identity.
49.
Transgender persons often face difficulties in accessing appropriate health care,
including discrimination on the part of health-care workers and a lack of knowledge about
or sensitivity to their needs. In most States they are refused legal recognition of their
preferred gender, which leads to grave consequences for the enjoyment of their human
25
26
Application No. 18968/07, V.C. v. Slovakia, judgement of 8 November 2011.
High Court of Kenya, Awuor and Oliele v. Attorney General of Kenya et al., judgement of 17
September 2015.
13
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