A/HRC/39/26
woman’s and girl’s experiences, which transcend the crisis context, and ensure a continuum
of care in terms of access to services.
B.
Key elements
1.
Available, accessible, acceptable and quality comprehensive sexual and reproductive
health care
40.
As in other contexts, a human rights-based approach in humanitarian settings
identifies who has rights (rights holders) and what freedoms and entitlements they have
under international human rights law, as well as the obligations of those responsible for
making sure rights holders enjoy their rights (duty bearers). It recognizes that sexual and
reproductive health and rights are human rights, which must be upheld, even in
humanitarian settings, and not matters of charity. In the context of humanitarian settings,
the role of private actors is also pertinent, recognizing that the State, or occupying power,
retains a duty to ensure that private actors do not engage in human rights violations. 35 It is
important to note also that, under certain circumstances, in particular where an armed group
with an identifiable political structure exercises significant control over territory and
population, non-State actors are obliged to respect international human rights. 36 The present
section explains the requirements of availability, accessibility, acceptability and quality,
and how these human rights requirements may require further analysis in the context of
humanitarian settings.
41.
Humanitarian policies and programmes should ensure availability through a
sufficient quantity and range of functioning sexual and reproductive health facilities, goods
and services. This involves, for example, trained and skilled health-care staff, as well as
comprehensive sexual and reproductive health services. Where crisis inhibits the ability of
the State to provide comprehensive sexual and reproductive health services, the Minimum
Initial Service Package, together with the core content of the right to sexual and
reproductive health as articulated in general comment No. 22, is an important practice and
starting point for determining which services should be prioritized. These services must be
provided without discrimination, and involve the establishment and implementation of clear
referral pathways and integrated approaches.37 Attention to ensuring that individuals and
their communities are aware that these services are available and where they can be
accessed is also critical. Humanitarian settings complicate the ability to ensure the
availability of services, necessitating particular attention to interventions, which can
maximize efficiencies such as task shifting, or user-initiated interventions for health care.
42.
Furthermore, sexual and reproductive services, facilities and information provided
by both the public and private sector must be physically and economically accessible to all
affected individuals and communities, including host communities, with a particular
emphasis on identifying and ensuring access for women and girls in the most vulnerable
and marginalized situations. This means ensuring that such services, and the underlying
determinants, such as safe and potable water and adequate sanitation facilities, are within
safe physical reach, including for women and girls with disabilities. Accessibility is a major
challenge in crisis situations as infrastructure breaks down and the ability of people to
move, especially women and girls, is restricted as a result of insecurity and imposed
movement restrictions. 38 For example, although important initiatives are under way to
ensure maternal and child health, after decades of conflict in the Democratic Republic of
the Congo, the health-care system is severely damaged, leaving many health facilities
35
36
37
38
See for example, United Nations Assistance Mission for Iraq (UNAMI)/OHCHR, report on the
promotion and protection of rights of victims of sexual violence captured by ISIL/or in areas
controlled by ISIL in Iraq (2017), para. 45.
OHCHR, International legal protection of human rights in armed conflict (2011), pp. 23–37; and
Committee on the Elimination of Discrimination against Women, general recommendation No. 30,
para. 16.
See also submission by UNFPA in the Democratic Republic of the Congo.
See, on movement restrictions, in particular of pregnant women at checkpoints, A/HRC/10/35.
Regarding a lack of access to services, see OHCHR, supra note 18, pp. 23 and 31.
11
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