A/HRC/21/22
40.
The national plan should set out deliberate steps to realize universal access to
sexual and reproductive health services, in terms of financing, population coverage
and service expansion.
41.
The national plan should address disparities in the substantive enjoyment of
sexual and reproductive health rights based on prohibited grounds of discrimination,
as well as inequalities in wealth, level of education or area of residence.33
42.
Remedying de facto discrimination in access to sexual and reproductive health
services may require special measures to ensure equitable spending and distribution
of health facilities, goods and services, including where absolute population numbers
or cost effectiveness data would not ordinarily warrant such action. Such special
measures are not construed as discrimination under human rights law.34
43.
The national plan should be devised and its implementation reviewed in
consultation with the populations affected. The criteria and evidence for prioritizing must
be transparent and subject to public scrutiny. Power differentials based on literacy,
language, social status or other factors, which may exclude the women and girls most
affected by the decisions taken, should be redressed to promote their meaningful
participation.
B.
Budgeting
44.
The identification of budgetary needs requires the involvement of a range of
ministries and departments; for example, adolescent pregnancy must be addressed in
conjunction with the Ministry of Education and will require adequate budgets for both
health and education sectors.
45.
The State must devote the maximum available resources to sexual and
reproductive health. The establishment and sustainability of an adequate fiscal envelope
to afford the maximum available resources is critical to a rights-based approach; where
structural imbalances exist between expenditures and revenues, strengthened and
rationalized revenue collection should be undertaken before cuts are made to critical health
areas, including sexual and reproductive health.
46.
The budget should ensure that financing is not borne disproportionately by the
poor. Out-of-pocket costs cannot impede accessibility of care, irrespective of whether
services are provided by public or private facilities. 35
47.
Addressing maternal health as a human rights issue in budget formulation
confers added protection for resources allocated to related programmes at both the
national and subnational levels:
(a)
If the overall available budget increases, resources for maternal health should
increase accordingly insofar as significant need in that area remains. In particular in the
case of high-burden countries, the principle of progressive realization under human rights
law means that the budget for maternal health programmes would be expected to increase
unless there is public justification to the contrary;
33
34
35
10
E/CN.4/2000/4, para. 19.
Convention on the Elimination of All Forms of Discrimination against Women, art. 4; International
Convention on the Elimination of All Forms of Racial Discrimination, art. 1; Convention on the
Rights of Persons with Disabilities, art. 5.
E/CN.4/2000/4, para. 12; WHO, World Health Report 2010: Health Systems Financing: the Path to
Universal Coverage (Geneva, 2010).
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