A/HRC/39/26
human rights, including the right to life, the right to be free from torture, the right to health,
the right to privacy, the right to education and the prohibition of discrimination.
33.
The Committee on the Elimination of Discrimination Against Women has explained
that gender-based violence includes forced abortion, forced pregnancy, criminalization of
abortion, denial or delay of safe abortion and post-abortion care, forced continuation of
pregnancy, and the abuse and mistreatment of women and girls seeking sexual and
reproductive health information, goods and services. 23 Furthermore, the Committee has
recognized that women often experience increased sexual violence in conflict, that requires
specific protective and punitive measures, and has explicitly called on States to ensure
access to contraception, including emergency contraception, in humanitarian settings. 24
34.
International humanitarian law, which applies only in situations of armed conflict,
contains a number of relevant legal obligations drawn from the Geneva Conventions, the
Additional Protocols to the Geneva Conventions and customary international humanitarian
law. At a minimum, States and parties to the conflict have a duty to provide special care for
pregnant women and mothers of young children with regard to the provision of food,
clothing, medical assistance, evacuation and transportation, and to ensure that the
protection and care due to the wounded and sick is also provided to pregnant women. 25 This
care must furthermore be provided and ensured without discrimination. Humanitarian law
also emphasizes that the specific needs of women must be respected at all times, including
to be protected against all forms of sexual violence. 26
35.
In the context of its women, peace and security agenda, the Security Council noted
the need for access to the full range of sexual and reproductive health services, including
regarding pregnancies resulting from rape, without discrimination, 27 and called on States to
provide non-discriminatory and comprehensive health services, including sexual and
reproductive health. 28 Finally, the 1951 Convention relating to the Status of Refugees
includes the right of refugees to have access to health services equivalent to that of the host
population, as part of the right to public relief and assistance.
3.
Humanitarian programming, human rights-based approach and sexual and
reproductive health and rights
36.
At the beginning of an emergency, a range of United Nations agencies, donors and
international and national civil society organizations work together with the Government to
deliver humanitarian relief. Coordination between the actors and across sectors is a critical
step in ensuring respect for the rights of affected populations, including the delivery of
sexual and reproductive health services, and in identifying responsible actors for ensuring
such rights. The Global Cluster Approach is a coordination system by which thematic
clusters have a clear mandate established by the Inter-Agency Standing Committee and
function at the global, regional and national levels, where they may be activated depending
on the humanitarian crisis. Aiming to improve coordination and effectiveness, each cluster
has a lead organization, accountable for the delivery of adequate humanitarian
programming within a particular sector. There are 11 global clusters, each with their own
functional components or areas of responsibility. While sexual and reproductive health and
23
24
25
26
27
28
See Committee on the Elimination of Discrimination against Women, general recommendation No.
35 (2017) on gender-based violence against women, updating general recommendation No. 19, para.
18.
Ibid. See also general recommendation No. 30 (2013) on women in conflict prevention, conflict and
post-conflict situations, paras. 20 and 52.
Geneva Convention relative to the Protection of Civilian Persons in Time of War, arts. 16–18, 21–23,
38, 50, 89, 91 and 127; Protocol additional to the Geneva Conventions of 12 August 1949, and
relating to the protection of victims of international armed conflicts, arts. 8 (a), 70 (1) and 76 (2); rule
134 of the customary international humanitarian law database of the International Committee of the
Red Cross.
See rules 119 and the commentary to rule 93 of the customary international humanitarian law
database, available at https://ihl-databases.icrc.org/customary-ihl/eng/docs/home.
Security Council resolution 2122 (2013).
Security Council resolution 2106 (2013).
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