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
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