A/HRC/32/32
high-HIV burden countries are particularly vulnerable, making up 75 per cent of new
infections in Africa in 2013,65 with gender inequality, harmful traditional practices and
punitive age of consent laws identified as drivers of the epidemic. 66 These sectors and
groups face a disproportionately high risk of experiencing stigma, discrimination, violence,
rejection by families, criminalization and other human rights violations when seeking
sexual and reproductive health services, including denial of access to health-care services,
such as HIV testing, counselling and treatment.
88.
Rights to sexual and reproductive health are therefore of critical importance. Sexual
health is defined as a “state of physical, emotional, mental and social well-being related to
sexuality, not merely the absence of disease, dysfunction or infirmity”.67 Article 24 (2) (f)
of the Convention on the Rights of the Child and article 12 (2) of the Convention on the
Elimination of All Forms of Discrimination against Women both recognize the right to the
provision of family planning education and services, including to adolescents, without
discrimination on any grounds.68 However, United Nations treaty bodies consistently raise
concerns relating to the provision of sexual and reproductive health information, services
and goods. They have also strongly affirmed that adolescents’ sexual and reproductive
health implicates a broad range of human rights, including to non-discrimination, freedom
from torture or ill-treatment, privacy and education. 69
B.
Providing effective sexual and reproductive health services for
adolescents
89.
Given the scale of these concerns, target 3.7 of the Sustainable Development Goals,
on ensuring universal access to sexual and reproductive health-care services, is welcome.
To achieve this target, States will have to adopt a comprehensive gender-sensitive and nondiscriminatory sexual and reproductive health policy for all adolescents and to integrate it
into national strategies and programmes. 70
90.
These policies must be consistent with the human rights standards and recognize that
unequal access by adolescents constitutes discrimination. 71 All adolescents must be
guaranteed access to confidential, adolescent-responsive and non-discriminatory sexual and
reproductive health information, services and goods, including family planning, modern
forms of contraception, counselling, pre-conception care, maternal care, sexually
transmitted infections, diagnosis and treatment, and safe abortion.72 Adolescent sexual and
reproductive health services must be welcoming, adolescent-friendly, non-judgemental and
guarantee privacy and confidentiality. Health providers should also consider the
establishment of dedicated clinic times and alternative locations for adolescents,
particularly with regard to sexual and reproductive health services.
65
66
67
68
69
70
71
72
18
UNAIDS and the African Union, Empower Young Women and Adolescent Girls: Fast-Tracking the
End of the AIDS Epidemic in Africa (2015).
E/CN.4/2005/72.
Paul Hunt and Judith Bueno de Mesquita, The Rights to Sexual and Reproductive Health (2006).
Committee on the Rights of the Child general comment No. 15.
KL v. Peru, CCPR/C/DJI/CO/1 and CAT/C/PER/CO/4.
WHO, Ensuring Human Rights in the Provision of Contraceptive Information and Services:
Guidance and Recommendations (2014).
Committee on Economic, Social and Cultural Rights general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights.
Committee on the Rights of the Child general comments No. 4 and No. 15.
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