A/HRC/39/33
authorization. In addition, particular efforts need to be made to overcome barriers of stigma
and fear experienced by, for example, adolescent girls, girls with disabilities and lesbian,
gay, bisexual, transgender and intersex adolescents, in gaining access to such services.
Furthermore, the Committee urges States to decriminalize abortion to ensure that girls have
access to safe abortion and post-abortion services, review legislation with a view to
guaranteeing the best interests of pregnant adolescents and ensure that their views are
always heard and respected in abortion-related decisions. Restrictive legal provisions on
access to safe and legal abortion also constitute discrimination against girls and young
women.
50.
Other barriers exist where adolescents are not provided with the information
required to understand their sexual and reproductive health needs, which hinders their
ability to proactively take measures to prevent unwanted pregnancy or sexually transmitted
infections or disease. In this regard, comprehensive sexuality education is particularly
important, bearing in mind that adolescent girls and young women 15 to 19 years old
account for 11 per cent of all births and around 14 per cent of all maternal deaths, and that
3.9 million unsafe abortions occur globally every year among adolescent girls 15 to 19
years of age.
51.
The Committee on Economic, Social and Cultural Rights has indicated that all
adolescents should have access to free, confidential, adolescent-responsive and nondiscriminatory sexual and reproductive health services, information and education,
available both online and in person, including on family planning, contraception, including
emergency contraception, prevention, care and treatment of sexually transmitted infections,
counselling, preconception care, maternal health services and menstrual hygiene. The
Committee urges States to adopt comprehensive gender and sexuality-sensitive sexual and
reproductive health policies for adolescents, emphasizing that unequal access by
adolescents to such information, commodities and services amounts to discrimination. 21
52.
Moreover, submissions received for the present report indicated that the lack of
mental health support services was a challenge for young people, with particularly negative
consequences on vulnerable groups, such as transgender, non-binary and intersex youth. 22
Submissions received also pointed to a lack of services for indigenous youth, as well as
refugee and migrant youth, in addition to stigma and harassment for young people who use
drugs.
D.
Conscientious objection to military service
53.
Conscientious objection to military service concerns young people more than any
other group. Indeed, the age at which young men and women are drafted into compulsory
military service or receive their call-up papers in many States is around 18 years.
54.
The Ibero-American Convention on the Rights of Youth explicitly recognizes the
right to conscientious objection as a youth right. Article 12 of the Convention states that
youth have the right to conscientious objection against obligatory military service and that
States parties undertake to promote the pertinent legal measures to guarantee the exercise of
this right and advance in the progressive elimination of obligatory military service. It
further states that States parties undertake to assure youth under 18 years of age that they
shall not be called up or involved, in any way, in military hostilities.
55.
The right to conscientious objection to military service is based on article 18 of the
International Covenant on Civil and Political Rights, which guarantees the right to freedom
of thought, conscience and religion or belief. While the Covenant does not explicitly refer
to a right to conscientious objection, in 1993 the Human Rights Committee stated that such
a right could be derived from article 18, inasmuch as the obligation to use lethal force might
21
22
General comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para.
29.
Report on the regional consultation on youth and human rights (see footnote 4).
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