A/HRC/14/39
59.
It is clear that human rights have an important role to play in developing
effective approaches to addressing this global problem through public health schemes.
A number of steps that are essential to effectively address maternal mortality and
morbidity have been identified as part of human rights standards, including the
establishment of accessible, transparent and effective mechanisms of monitoring and
accountability and of ensuring women’s rights to participate in decision-making
processes that affect their pregnancy and childbirth. Related State obligations, which
also include procedural obligations, are underpinned by several specific human rights
principles: accountability, participation, transparency, empowerment, sustainability,
international cooperation and non-discrimination. Giving effect to these principles is
the core of a human rights-based approach to the eradication of preventable maternal
mortality and morbidity. While maternal mortality and morbidity is global in nature,
States and other actors giving international assistance and technical cooperation need
also to approach their work to address maternal mortality and morbidity from a
human rights-based perspective.
60.
The Council has called for the integration of consideration of the human rights
dimensions of preventable maternal mortality and morbidity into its mechanisms,
particularly the universal periodic review and special procedures, by encouraging
States and other actors to give increased attention to this issue in their engagement
with the United Nations human rights system.108 In answering this call of the Council,
Member and Observer States could give additional attention to systematically
addressing the human rights dimensions of maternal mortality and morbidity in their
reporting under the universal periodic review processes as well as to considering this
issue when reviewing other States. The Council could also consider requesting States
to report on certain human rights aspects of addressing preventable maternal
mortality and morbidity during the universal periodic review. Another important
part of this would be for the Council to invite United Nations agencies, funds and
programmes that are undertaking initiatives and activities in relation to maternal
mortality and morbidity to systematically contribute information for consideration in
the universal periodic review. As the above discussion shows, the issue of maternal
mortality and morbidity is not simply a matter of the right to health but cuts across a
number of rights and thematic human rights issues. Thus, special procedures could
also be encouraged by the Council to integrate consideration of the human rights
dimensions of preventable maternal mortality and morbidity within the scope of their
respective mandates.
61.
How the substantive human rights framework applies to the context of
preventable maternal mortality and morbidity has been laid out thoroughly within the
work of treaty bodies as well as that of other international experts and regional
bodies. However, what is missing is the operationalization of a human rights-based
approach to maternal mortality and morbidity. That is, many questions remain
unanswered, such as: What are specific steps that can be taken to implement/adopt a
human rights-based approach to eliminating preventable maternal mortality and
morbidity? How can States ensure that constructive accountability mechanisms
developed are consistent with human rights principles? What is the range of
constructive accountability mechanisms that can be used to ensure effective reduction
of maternal mortality and morbidity? What is needed to ensure that a constructive
accountability mechanism is participatory, effective and transparent?
108
GE.10-12949
Ibid., para. 5.
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents