A/HRC/45/19
I. Introduction
1.
In September 2012, the Human Rights Council adopted resolution 21/6, in which it
welcomed the technical guidance on the application of a human rights-based approach to
the implementation of policies and programmes for the reduction of preventable maternal
mortality and morbidity. Follow-up implementation reports have been produced, in 2014
(A/HRC/27/20), in 2016 (A/HRC/33/24) and in 2018 (A/HRC/39/26), as requested by the
Council. In September 2018, in its resolution 39/10, the Human Rights Council requested
the United Nations High Commissioner for Human Rights to prepare a follow-up report on
good practices and challenges to respecting, protecting and fulfilling all human rights in the
elimination of preventable maternal mortality and morbidity, including through the
utilization of the technical guidance. The present report is submitted in response to that
request.
2.
The present report includes details of initiatives, good practices and challenges
related to the implementation of the technical guidance and a human rights-based approach
more generally. It is based on submissions received in response to a note verbale circulated
on 11 November 2019, and on research and information obtained from relevant
stakeholders.1 Section IV, which also draws from the submissions received, combined with
research, provides an analysis of maternal morbidity as a human rights concern, a
dimension that has often been neglected in policies and programmes on preventing
maternal mortality and morbidity. The High Commissioner concludes with
recommendations on the implementation of a human rights-based approach to maternal
mortality and morbidity, with a particular focus on maternal morbidity.
II. Implementation of a human rights-based approach to the
reduction of preventable maternal mortality and morbidity
3.
The technical guidance on the implementation of a human rights-based approach to
the application of policies and programmes for the reduction of preventable maternal
mortality and morbidity provides detailed guidance on the steps required to develop,
implement and evaluate policies and programmes on maternal health. It follows the policy
cycle of planning, budgeting, implementation, monitoring, review and oversight, and
remedies. Through the identification of rights holders and their entitlements and
corresponding duty bearers and their obligations, a human rights-based approach aims to
identify potential human rights concerns, establish who is responsible for taking corrective
action and determine how action is most appropriately taken. The examples provided in the
submissions, as documented below, are important illustrations of how this approach may be
operationalized.
4.
Since 2018, numerous efforts have been documented to implement a rights-based
approach to the reduction of preventable maternal mortality and morbidity, including
through the implementation of the technical guidance. Tools developed based on the
technical guidance, such as the reflection guides, 2 have been widely disseminated in
meetings with relevant ministries, civil society organizations and United Nations entities, as
well as with targeted stakeholder groups, such as national human rights institutions and
representatives of the judiciary. At the global level, numerous publications and other
documents have referred to the technical guidance, facilitating its use. 3
1
2
3
For the complete list of submissions, see www.ohchr.org/EN/Issues/Women/WRGS/Pages/
TechnicalGuidanceMMM.aspx.
See www.ohchr.org/EN/Issues/Women/WRGS/Pages/MaternalAndChildHealth.aspx.
See A/74/137; Alicia Ely Yamin and Paola Bergallo, “Narratives of essentialism and exceptionalism:
the challenges and possibilities of using human rights to improve access to safe abortion”, Health and
Human Rights Journal, vol. 19, No. 1 (June 2017); Uchenna Emelonye, Abigail Uchenna Emelonye
and Uchenna Ponfa Emelonye, “Preventing maternal mortality in Nigeria: a human rights imperative”,
US-China Law Review, vol. 16, No. 4 (2019); Agegnehu Bante and others, “Respectful maternity care
and associated factors among women who delivered at Harar hospitals, eastern Ethiopia: a cross
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents