A/HRC/22/24
rights – including economic, social and cultural rights. The two approaches are
complementary and should be read in conjunction
16.
The framework of equality and non-discrimination, as outlined in the Convention on
the Elimination of All Forms of Discrimination against Women, allows an enriched
understanding of how violations of economic, social and cultural rights may be experienced
by women in various social contexts, while also clarifying State obligations not to commit
and to eradicate these violations. The integration of the concepts of equality and the duty to
eradicate discrimination under the Convention into the articulation of State obligations
under the Covenant on Economic, Social and Cultural Rights illustrates the need to take an
integrated approach when addressing women’s economic, social and cultural rights.
17.
This holistic and integrated understanding of the rights and obligations contained in
these two instruments provides a firm normative basis for demanding substantive
advancement on women’s human rights in a manner which reflects the critical importance
of economic, social and cultural rights in women’s lives, and thus can increase
accountability for women’s economic, social and cultural rights.
C.
Example of complementarity: the right to health
18.
The right to health is recognized in article 12 of the Covenant on Economic, Social
and Cultural Rights. In its general comment No. 14 (2000) on the right to the highest
attainable standard of health, the Committee on Economic, Social and Cultural Rights has
clarified its normative content and essential elements, including non-discrimination and
acceptability of health facilities, goods and services. Specifically with regard to women, the
Committee has held that “to eliminate discrimination against women, there is a need to
develop and implement a comprehensive national strategy for promoting women's right to
health throughout their life span […] The realization of women's right to health requires the
removal of all barriers interfering with access to health services, education and information,
including in the area of sexual and reproductive health” (para. 21).
19.
In turn, article 12 of the Convention on the Elimination of All Forms of
Discrimination against Women specifies the scope of the prohibition of gender
discrimination in healthcare services: “States Parties shall take all appropriate measures to
eliminate discrimination against women in the field of health care in order to ensure, on a
basis of equality of men and women, access to health care services, including those related
to family planning”. It also requires States parties to “ensure to women appropriate services
in connection with pregnancy, confinement and the post-natal period, granting free services
where necessary, as well as adequate nutrition during pregnancy and lactation”. Article 12
of the Convention not only stresses the State duty to eliminate discrimination in health care,
but also offers guidance about the specific areas that the State needs to tackle in order to
ensure the acceptability of health services in view of women’s specific health needs. This,
in turn, helps to identify the steps needed to eradicate gender biases in the design and
delivery of health services.
20.
The general recommendation No. 24 (1999) on women and health further elaborates
on the State’s health-related obligations and specifies in detail the elements of a national
strategy for promoting women's right to health throughout their lifespan, the implications of
the right to health for women and measures to remove the barriers to women’s access to
health services, education and information. It also clarifies the detail of the State’s
obligations to respect, protect and fulfil women’s rights to health by combating
discrimination (paras. 14–25).
6
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