A/HRC/42/24 23. In reality, many other actors take on responsibilities as duty bearers in emergencies, including service providers, national and international organizations and the private sector. While their responsibilities are not the same as a State’s human rights obligations, there are important issues to consider in terms of the obligations to do no harm, to observe a certain duty of care and to ensure collective responsibility for the affected populations. As part of a human rights-based approach, analysis should be devoted to further understanding the parameters of these responsibilities. III. Humanitarian context 24. The experts also considered the different kinds of humanitarian contexts and how these are different from and unique to other settings in addressing preventable maternal mortality and morbidity. Experts highlighted that crisis tests health and justice systems alike and imposes additional burdens on duty bearers to provide sexual and reproductive health services than in stable settings. Moreover, emergencies do not exist in a vacuum and pre-existing challenges, including inadequate health systems, insufficient budgetary allocations, and multiple and intersecting forms of discrimination and inequality and barriers to access services, particularly for women and girls, are often exacerbated. A. Intersection between humanitarian and development settings 25. Humanitarian crises today, including their frequency, intensity and dispersed and protracted nature, as well as the urbanization of crisis, is straining the existing humanitarian architecture and blurring the lines between humanitarian and development settings. This demands a new way of working which integrates multiple sectors, connects different actors and strengthens synergies in humanitarian preparedness, response and transition. This also means starting transition early in an emergency context and not only at the recovery stage of a crisis. Sexual and reproductive health and rights is at the heart of this point of intersection. Although there is a need to better recognize and adapt to this new context and on-the-ground reality, there is also value in drawing on the technical guidance, for example, and being inspired by good practices, lessons learned and strategies applied in stable settings. 26. One key challenge is arriving at a common understanding of what is deemed a “humanitarian setting”, because there are differences in the way we perceive them and our roles within them. Some experts noted that, more generally, a humanitarian emergency begins when there is a disruption of the normal state of affairs, also referred to as the “baseline”. Experts observed that there is a need to be aware of and distinguish between humanitarian settings and their often vastly different respective baselines, as each kind also requires a different contextualized response. 27. Another point raised concerned the question of what development means in the context of emergencies involving refugees and migrants. In host countries, the importance of leaving no one behind and the Sustainable Development Goals is often underlined, but it is not always clear where refugee and migrant populations fall between the countries concerned, and priorities and perceptions of durable solutions – integration or repatriation or return – are often very distinct. In such instances, the individual woman and girl refugee and migrant and their rights is not at the heart of the response. 28. Experts further emphasized that what is required to bridge the divide between humanitarian and development settings is accountability to affected populations, ensuring that the voices and agency of individual women and girls are meaningfully taken into account and that such localization is driving responses. As in development settings, experts highlighted that lives are saved when empowered clinical service providers come into contact with patients empowered to claim their rights. However, the ways in which the enabling environment for such interactions is built requires adapted approaches to reflect the realities of humanitarian settings. 29. Some experts observed that although the overlap between humanitarian, development, peace and security and human rights is important, this can be abstract with 6

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