A/HRC/22/53 involuntary sterilization; denial of legally available health services 34 such as abortion and post-abortion care; forced abortions and sterilizations;35 female genital mutilation;36 violations of medical secrecy and confidentiality in health-care settings, such as denunciations of women by medical personnel when evidence of illegal abortion is found; and the practice of attempting to obtain confessions as a condition of potentially life-saving medical treatment after abortion.37 47. In the case of R.R. v. Poland, for instance, ECHR found a violation of article 3 in the case of a woman who was denied access to prenatal genetic testing when an ultrasound revealed a potential foetal abnormality. The Court recognized “that the applicant was in a situation of great vulnerability”38 and that R.R.‟s access to genetic testing was “marred by procrastination, confusion and lack of proper counselling and information given to the applicant”.39 Access to information about reproductive health is imperative to a woman‟s ability to exercise reproductive autonomy, and the rights to health and to physical integrity. 48. Some women may experience multiple forms of discrimination on the basis of their sex and other status or identity. Targeting ethnic and racial minorities, women from marginalized communities40 and women with disabilities41 for involuntary sterilization42 because of discriminatory notions that they are “unfit” to bear children 43 is an increasingly global problem. Forced sterilization is an act of violence, 44 a form of social control, and a violation of the right to be free from torture and other cruel, inhuman, or degrading treatment or punishment. 45 The mandate has asserted that “forced abortions or sterilizations carried out by State officials in accordance with coercive family planning laws or policies may amount to torture”.46 49. For many rape survivors, access to a safe abortion procedure is made virtually impossible by a maze of administrative hurdles, and by official negligence and obstruction. In the landmark decision of K.N.L.H. v. Peru, the Human Rights Committee deemed the denial of a therapeutic abortion a violation of the individual‟s right to be free from illtreatment.47 In the case of P. and S. v. Poland, ECHR stated that “the general stigma attached to abortion and to sexual violence …, caus[ed] much distress and suffering, both physically and mentally”.48 50. The Committee against Torture has repeatedly expressed concerns about restrictions on access to abortion and about absolute bans on abortion as violating the prohibition of torture and ill-treatment.49 On numerous occasions United Nations bodies have expressed 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 See CAT/C/PER/CO/4, para. 23. E/CN.4/2005/51, paras. 9, 12. A/HRC/7/3, paras. 50, 51, 53; CAT/C/IDN/CO/2, para. 16. CAT/C/CR/32/5, para. 6 (j). ECHR, R.R. v. Poland, Application No. 27617/04 (2011), para. 159. Ibid., para. 153. See ECHR, V.C. v. Slovakia, Application No. 18968/07 (2011). A/67/227, para. 28; A/HRC/7/3, para. 38. A/64/272, para. 55. See Open Society Foundations, Against Her Will: Forced and Coerced Sterilization of Women Worldwide (2011). See Committee on the Elimination of Discrimination against Women, general recommendation No. 19, para. 22; Human Rights Committee, general comment No. 28, paras. 11, 20. A/HRC/7/3, paras. 38, 39. Ibid., para. 69. Communication No. 1153/2003 (2005), para. 6.3. ECHR, Application No. 57375/08 (2012), para. 76. See CAT/C/PER/CO/4, para. 23. 11

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