A/HRC/21/22
6.
Although primarily aimed at health decision-makers, the guidance is also relevant to
other sectors, including finance and education, as well as parliamentarians, judiciaries,
inter-governmental agencies, national human rights institutions and donor States. The
engagement of civil society is necessary for the effective implementation of the guidelines,
and to hold Governments to account.
7.
The High Commissioner encourages the implementation of the present technical
guidance. The Human Rights Council could consider encouraging the dissemination of the
guidance to all relevant parts of Government as well as other stakeholders and promoting
its use in programmes and policies to eliminate maternal mortality and morbidity. The
Council could also encourage inter-agency dialogue and collaboration within the United
Nations systems on the implementation of the guidance through their own policies,
programmes and technical support.
II. General principles
8.
Human rights are about empowerment and entitlement of people with respect to
certain aspects of their lives, including their sexual and reproductive health. International
human rights law includes fundamental commitments of States to enable women to survive
pregnancy and childbirth as part of their enjoyment of sexual and reproductive health rights
and living a life of dignity. Sound public health practice is crucial to enable States to fulfil
these basic rights, but it must be complemented by broader measures to address women’s
empowerment.
9.
The present technical guidance builds on two previous OHCHR reports. In the first
(A/HRC/14/39), OHCHR identified seven human rights principles fundamental for
understanding maternal mortality and morbidity as a human rights issue: accountability,
participation, transparency, empowerment, sustainability, international assistance and nondiscrimination. In the second (A/HRC/18/27), OHCHR outlined categories of good
practices to address maternal mortality and morbidity in compliance with human rights
obligations: enhancing the status of women, ensuring sexual and reproductive health rights,
strengthening health systems, addressing unsafe abortion, and improving monitoring and
evaluation. The work of other human rights mechanisms has also been taken into account in
the guidelines.7
10.
A human rights-based approach identifies rights-holders and their entitlements
and corresponding duty-bearers and their obligations, and promotes strengthening
the capacities of both rights-holders to make their claims and duty-bearers to meet
their obligations. These rights and obligations are provided for under international human
rights law.
11.
The technical guidance, like previous OHCHR reports, are grounded in the
respect for sexual and reproductive health and rights, as set out in the Programme of
Action of the International Conference on Population and Development 8 and
reiterated and expanded upon in subsequent United Nations documents and
international law.
7
8
4
law. See Inter-agency Working Group on Reproductive Health in Crises, Inter-agency Field Manual
on Reproductive Health in Humanitarian Settings, 2010.
A/HRC/17/25; CEDAW/C/49/D/17/2008; CEDAW/C/50/D/22/2009; Inter-American Commission on
Human Rights, “Access to Maternal Health Services from a Human Rights Perspective”,
Organization of American States, 7 June 2010.
Report of the International Conference on Population and Development, Cairo, 5–13 September 1994
(United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex.
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