A/HRC/39/26
approaches and coordination, including effective referral pathways. 46 Moreover, the
provision of health services is complicated by restrictions on movement — of both women
and girls, including during pregnancy, as well as humanitarian actors delivering services. 47
46.
A human rights-based approach also analyses a programme cycle through the human
rights principles of non-discrimination and equality, participation and empowerment,
sustainability and international assistance, transparency and accountability. 48
2.
Non-discrimination and equality
47.
Discrimination against women is a factor in the non-prioritization of those services
that are required only by women, including those related to maternal health and sexual and
reproductive health more broadly, reflecting societal hierarchies about who matters and
who does not. This is further compounded by multiple and intersecting forms of
discrimination, including on the basis of age, ethnicity, race, religion and migration status. 49
For example, access to contraception is often limited in humanitarian settings. Where such
services do exist, access for adolescent girls and unmarried women and girls is especially
difficult because of prevailing gender norms about sexual activity outside marriage in many
contexts as well as the influence of attitudes of health workers and service providers. 50 In a
similar vein, and as also emphasized by the Global Respectful Maternity Care Council in its
submission, pregnant women and girls often experience mistreatment and abuse at both the
individual and structural levels, which is often driven by factors such as poor infrastructure,
stock-outs and stress, overwork and lack of pay of providers, among others.
48.
Applying the principle of non-discrimination and equality therefore means paying
particular attention to the women and girls who are most at risk of being left behind. It also
helps recognize and address the root causes of violations of sexual and reproductive health
and rights and gender-based violence in both the public and private spheres. For instance, in
Brazil, the Zika virus outbreak had a particularly acute impact on young women and girls of
colour, from the poorest region of the country. 51 The root causes of their vulnerability to
Zika, and lack of sexual and reproductive choices, included not only the discrimination they
faced based on sex and ethnicity, but also deprivations they faced based on their
socioeconomic status and living conditions.
3.
Participation and empowerment
49.
Women and girls continue to be seen by many institutions primarily as inherently
vulnerable victims in need of protection and passive beneficiaries of assistance. Yet women
and girls express their agency in many forms, including as human rights defenders, health
service providers and first responders, combatants or members of armed groups or
resistance movements, environmental activists, survivors and active participants in both
formal and informal peace processes. 52 Besides ensuring the effective management of
humanitarian action that reflects the views, experiences and needs of women and girls, a
human rights-based approach, such as principles for humanitarian action, recognizes that
women and girls are entitled to participate in decisions that affect their lives, including in
46
47
48
49
50
51
52
M. Onyango, B. Hixon, S. McNally, “Minimum Initial Service Package for reproductive health
during emergencies: time for a new paradigm”, in Global Public Health (2013), pp. 342–356. See
also The State of World Population, pp. 43–44 and 68.
See submissions by the National Human Rights Commission of Nigeria, WHO, Center for
Reproductive Rights, International Planned Parenthood Federation, Marie Stopes International and
Women Enabled International.
See also Center for Reproductive Rights, “Ensuring sexual and Reproductive health and rights of
women and girls affected by conflict” (New York, 2017), pp. 28–29.
See for example, A/HRC/32/18, paras. 38–39.
The State of World Population, p. 42.
Human Rights Watch, Neglected and Unprotected The Impact of the Zika Outbreak on Women and
Girls in Northeastern Brazil (2017), p. 8.
See Committee on the Elimination of Discrimination against Women, general recommendation No.
30, para. 6.
13
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