A/HRC/21/22
and branches of government, for reviewing findings and taking appropriate action to
address identified problems.
55.
The two examples in the section below are merely illustrative. The effective
application of a rights-based approach requires a contextualized understanding of the
particular issues and challenges, including the availability, accessibility, acceptability and
quality of goods, services and facilities, as well as of the underlying causes of maternal
mortality and morbidity.
A.
Example of identified problem: women arriving late or failing to seek
emergency obstetric care
56.
The first step is to analyse the cause of delays and failure to seek care. A human
rights-based approach places responsibility on the State for ensuring available,
accessible, acceptable and quality facilities, goods and services to address lifethreatening delays. Delays in the decision to seek care or opting out of the health system
entirely are treated not as idiosyncratic, personal choices or immutable cultural preferences
but as human rights failures. They are affected by the inequitable and sometimes
discriminatory distribution of health-care facilities, goods and services that makes
emergency obstetric care both unavailable and physically inaccessible, as well as by a lack
of awareness of the emergency signs among family and community members and the lack
of empowerment of women to make decisions about their own well-being. Delays in arrival
can also be attributable to out-of-pocket costs, lack of transportation or communications,
and/or poor infrastructure. Lack of cultural sensitivity and acceptability of care at facilities,
including language and provision for traditional birthing customs, also leads to a reluctance
to seek care. If abortion laws are overly restrictive, responses by providers, police and other
actors can discourage care-seeking behaviour. Lastly, when the population perceives that
care quality is poor – even if not directly related to sexual and reproductive health –
including lack of respectful treatment at facilities, it also affects decisions to seek care and
undermines the health system as a core social institution.
57.
The second step is to identify responsibility for each specific factor leading to
delays or failure to seek care. For example, if a lack of a constant supply of medication or
supplies is identified as undermining quality of care and generating distrust in the health
system, it may be attributable to a variety of causes, including lack of adequate recordkeeping at the facility, regional and/or national level that does not permit allocation
formulas for inputs to reflect actual needs; a lack of local warehousing to ensure stockpiles
of medications at the district and/or regional level; a flawed national procurement process
not permitting equitable or timely distribution of quality medicines; corruption at any level;
illicit or unscrupulous pricing practices by private manufacturers; or a combination of the
above. These issues are not just technical ones; they affect the effective enjoyment of
women’s sexual and reproductive health rights.
58.
The third step is to suggest and prioritize actions by different duty-bearers
required for each factor causing the problem. For example, if the national procurement
process for medicines is flawed, the Ministry of Health may need to examine procedures
followed to award contracts and for quality control; and ineffective or ideologically-based
policies regarding the selection of medicines, including contraception. In addition, budgets
may need to be modified by the Ministry, together with other ministries, to meet actual
needs and address pre-existing disparities or exclusion of certain subpopulations;
institutional oversight may need to be strengthened at the facility, district, regional and
national levels to promote robust quantification of needs and reduce corruption; funding
may need to be secured from donors to integrate information technologies into the health
system; or a combination of the above.
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