A/HRC/43/7/Add.1
Recommendations 115.153, 115.154, 115.155 and 115.156
17.
Through Plurinational Constitutional Judgment No. 0206/2014 of 5 February, the
Plurinational Constitutional Court abolished the requirement to obtain judicial authorization
for access to legal abortion services when a pregnancy is the result of rape, statutory rape,
incest or kidnapping and when the woman’s life or health is at risk. As a result, in the latter
circumstances an abortion may be performed upon presentation of a medical report
explaining the need for the procedure, while, in the other circumstances mentioned, public
and private sector health service providers may perform a legal termination of pregnancy
upon presentation of a copy of the relevant police report.
18.
Through Ministerial Decision No. 0027 of 29 January 2017, the Ministry of Health
adopted the Technical Procedures for the Provision of Health Services in accordance with
Plurinational Constitutional Judgment No. 0206/2014, which govern the provision of
health-care services for the safe and legal termination of pregnancy.
19.
In order to protect women’s health and to ensure respect for sexual and reproductive
rights by allowing safe and legal abortion services in all situations and for all women and
girls within the framework of the aforementioned constitutional decision, the Ministry of
Health has developed clinical protocols for health personnel on the use of misoprostol in
gynaecology and obstetrics and a model for the comprehensive care of victims of sexual
violence.
20.
The Ombudsman’s Office is responsible for ensuring that medical personnel comply
with the Plurinational Constitutional Decision in practice and that they apply the abovementioned protocols.
Recommendations 115.209, 115.213, 115.217 and 115.218
21.
The Constitution expressly prohibits forced labour and child exploitation and
provides that the activities carried out by children and adolescents in family and social
settings must contribute to their comprehensive development and have a formative function,
and that, to this end, their right to protection, safeguards for this protection and the
institutional mechanisms in place to guarantee such protection should be set out in special
regulations.
22.
Through the promulgation of Act No. 1139 of 1 December 2018,7 pursuant to which
it is no longer possible for exceptions to be made to the minimum working age, the State
has undertaken to ensure that children between the ages of 14 and 18 years old who are
working, whether for themselves or for someone else, enjoy the same rights as adult
workers.
23.
The bodies responsible for protecting children and adolescents at the national,
departmental and municipal levels have a duty to remove children and adolescents from
work situations that are unsafe, unhealthy or detrimental to their dignity, to prevent them
from returning to dangerous activities and to provide advice and temporary support in order
to guide them towards an area of work in which their rights are protected.
4
GE.20-03332
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents