A/HRC/43/52
(e)
Conduct studies and collect statistical data, where appropriate and necessary,
disaggregated by gender, to inform policy development.
I.
Physical autonomy, reproductive rights and well-being
39.
States and non-State actors should:
(a)
Recognize that:
(i)
The ability of women to exercise control of their reproductive capacity is
central to their lives and dignity and that such control enables them to participate in
and contribute to the economic and social life of their societies;
(ii)
A woman’s decision to voluntarily terminate her pregnancy is not a matter of
public or general interest;
(iii) A woman’s right to privacy cannot be violated by mandating the disclosure of
the name and particulars of the biological father of her child or by requiring health
personnel to report women who have undergone terminations;
(iv) Violations of the right to privacy include forced and coercive medical
interventions and therapies, as well as traditional practices such as female genital
mutilation;
(b)
Ensure:
(i)
The elimination of all forms of sexual and reproductive violence on the basis
of gender, including forced marriage, so-called corrective rape and forced pregnancy;
(ii)
Access, including for minors, to safe, affordable and effective contraceptives
and to information and education on family planning, sexual and reproductive health
and privacy;
(iii) The decriminalization of abortion, with provisions for a declaration by the
medical practitioner of conscientious objection, with the option to refer a pregnant
woman to a government health service, with her health records, for assistance;
(iv) Confidential treatment by health professionals and personnel who receive
requests for the voluntary termination of pregnancy and respect for women’s right to
privacy and dignity;
(c)
Prevent the disclosure of personal health data related to reproductive health,
sexual orientation, gender identity, gender expression and sex characteristics, such as genderaffirming treatment, without the free, prior and informed consent of the person;
(d)
Guarantee and protect the rights of everyone, including all children, to bodily
and mental integrity, autonomy and self-determination, by prohibiting any practice and
repealing any laws and policies so that no one is subjected to invasive or irreversible medical
procedures that modify sex characteristics, including female genital mutilation, forced
genital-normalizing surgery, involuntary sterilization, unethical experimentation, medical
display and so-called reparative or conversion therapies, without free, prior and informed
consent, unless necessary to avoid serious, urgent and irreparable harm to that person;
(e)
Address stigma, discrimination and stereotypes based on gender and combat
the use of gender stereotypes and other social, religious and cultural rationales to justify
modifications to sex characteristics, including of children.
40.
States should:
(a)
Prohibit the use of vaginal (“two-finger” tests), anal and genital examinations
in legal and administrative proceedings and criminal prosecutions unless required by law as
being relevant, reasonable and necessary for a legitimate purpose;
(b)
Repeal laws that deny individuals the opportunity to undergo surgical or other
procedures to align physically with their gender identity;
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