A/HRC/21/22
situational analysis to ensuring appropriate monitoring mechanisms and remedies in a
national plan, to allocating resources for these mechanisms and remedies, to ensuring
feedback from the ground through to implementation in practice. Lessons learned
through structures of accountability must inform the continual process of adjusting existing
programmes and future planning.
19.
The design, organization and coordination of the components of the health
system should be guided by fundamental human rights principles, including nondiscrimination/equality, transparency, participation and accountability.13
20.
Ensuring women’s sexual and reproductive health rights requires meeting
standards with regard to health facilities, goods and services:
(a)
Availability of both the underlying determinants of health, as well as
hospitals, clinics and other health-related buildings, trained medical and professional
personnel receiving domestically competitive salaries, and essential drugs;
(b)
Accessibility in four overlapping dimensions:
(affordable), non-discrimination, and regarding information;
physical,
economic
(c)
Acceptability in terms of respect for medical ethics and of the culture of
individuals, minorities, peoples and communities, sensitive to gender and life-cycle
requirements, as well as being designed to respect confidentiality and improve the health
status of those concerned;
(d)
Quality, including skilled medical personnel, scientifically approved and
unexpired drugs and hospital equipment, safe and potable water, and adequate sanitation;14
respectful care for women using health services is a critical dimension of both quality and
acceptability.
21.
States are required to use “maximum available resources” for the progressive
realization of economic, social and cultural rights; if resource constraints make it
impossible for the State to fulfil women’s sexual and reproductive health rights
immediately, the State must demonstrate that it has used all the resources at its
disposal to do so as a matter of priority.15 Multiple obligations relating to sexual and
reproductive health rights are not subject to resource availability, including obligations
related to a national plan of action, and the elimination of harmful practices and
discrimination.16 Those obligations subject to “progressive realization” require the adoption
of all appropriate measures in a deliberate, concrete and targeted manner, within the
“maximum available resources”, including resources from international cooperation. 17
There is a strong presumption against any retrogressive measures in relation to sexual and
reproductive health.18
22.
States should protect against interference with sexual and reproductive health
rights by third parties by enforcing appropriate laws, policies, regulations and
guidelines. States are responsible for exercising due diligence, or acting with a certain
standard of care, to ensure that non-governmental actors, including private service
13
14
15
16
17
18
6
WHO, Everybody’s Business, Strengthening Health Systems to Improve Health Outcomes (2007).
The six components identified by WHO are service delivery; health workforce; information; medical
products, vaccines and technologies; financing; and leadership and governance.
E/CN.4/2000/4, para. 12 (a) – (d).
Ibid., para. 47.
Ibid., paras. 43 and 44; CEDAW/C/49/D/17/2008, para. 7.6.
Committee on Economic, Social and Cultural Rights, general comment No. 3, para. 13; see also
Convention on the Rights of the Child, art. 24(4).
Committee on Economic, Social and Cultural Rights, general comment No. 3, para. 32.
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