A/HRC/41/34/Add.2
Contact visits and residential mother-child options should be guaranteed for pregnant
women and mothers, and alternatives to incarceration for women should be developed,
including adequate housing, income, health services and mental health support.
90.
In Manitoba, the Special Rapporteur visited NorWest Centre, a community-based
organization providing a wide-range of health and social services for persons in vulnerable
situations, including older persons, immigrants, persons in situations of poverty, indigenous
peoples, young people and victims of domestic violence. The centre offers a holistic
approach and various programmes in different locations, including health services and
referrals, support, advocacy and counselling in areas such as domestic violence, parenting,
early learning childcare, housing, pregnancy and nutrition.
B.
Sexual and reproductive health rights
91.
Canada has made significant efforts regarding sexual and reproductive health rights.
However, the Special Rapporteur received information about retrogressive measures, such
as the elimination by the government of Ontario of the 2015 sexuality education curriculum
in favour of reinstating a previous one that had reportedly missed key contents in terms of
consent, challenging homophobia, Internet safety and information on a diversity of gender
identities and sexual orientations.36
92.
The Special Rapporteur observed several good practices, including sexuality
education at the Lester B. Pearson High School in Montreal, where school professionals can
teach children obligatory topics about sexuality at an age-appropriate progression, from
basic concepts to more detail and deeper discussions. The programme covers the biology of
sex as well as the cultural, ethical, moral, emotional and interpersonal aspects of sexuality.
It provides information to help identify and prevent risky behaviour, and teachers are
guided to emphasize the positive role that sexuality plays in individuals’ lives.
93.
A remaining challenge is access to abortion. While abortion was decriminalized in
1988, the availability of, access to and information about safe abortion care is inconsistent
across provinces and territories. Several provinces maintain discriminatory policies,
practices and regulations imposing different types of barriers to gaining access to abortion
services.
94.
For example, New Brunswick regulation 84-20 denies funding for the provision of
abortion care in non-hospital settings, such as clinics. Moreover, while some provinces, like
Ontario and Quebec, have a high number of hospitals and clinics that offer abortions, others
do not, including the three territories, Prince Edward Island and Nova Scotia. Regional
barriers in policies and practices to gaining access to abortion are compounded by barriers
of accessibility, availability and quality in remote and isolated Northern and rural
communities, making it even more difficult for women in these areas to gain access to the
procedure.
95.
Moreover, women continue to be refused sexual and reproductive health information
and services for conscientious objection or religious grounds. Many have been further
denied access to accurate information by administrative gatekeepers, mainly in hospital
settings, and in some cases there seems to be an institutional-wide conscientious objection
policy. Regrettably, national ethical guidelines by the Canadian Medical Association do not
require physicians to provide timely referrals upon conscientious objection for abortion
procedures, although they do provide for physicians’ ethical duty to inform women about
their objection. While some provincial colleges of physicians and surgeons37 include ethical
requirements to provide referrals (Alberta, Ontario and Quebec), the Special Rapporteur
stresses that, beyond professional ethical codes, the State has the duty to ensure that
36
37
18
For the allegations, see OL CAN 4/2018, available at https://spcommreports.ohchr.org/
TMResultsBase/DownLoadPublicCommunicationFile?gId=24216; for the Government’s reply see
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34661.
See www.arcc-cdac.ca/postionpapers/95-appendix-policies-conscientious-objection-healthcare.pdf.
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