A/HRC/14/39
the Convention on the Elimination of All Forms of Discrimination against Women, it is
established that States must provide “access to the information, education, and means” to
enable women to decide freely and responsibly on the number and spacing of their children.
The Committee on the Rights of the Child has emphasized that States “should provide
adolescents with access to sexual and reproductive information, including on family
planning and contraceptives, the dangers of early pregnancy, the prevention of HIV/AIDS
and the prevention and treatment of sexually transmitted diseases”.71 The right to the
benefits of scientific progress, as explicitly recognized in ICESCR (art. 15, para. 1), is
particularly salient in the maternal mortality and morbidity context, as numerous low-cost
health interventions, to which women are entitled access, could substantially reduce
maternal death and disability.72
C.
Human rights-based approach to maternal mortality and morbidity
32.
The practical implications of the human rights values of dignity and nondiscrimination result in a set of working principles that form the basis of a human rights
approach. The treaty bodies and United Nations experts have clarified the importance of
seven such principles: accountability, participation, transparency, empowerment,
sustainability, international cooperation and non-discrimination.73 These principles have
particular application when examining a human rights-based approach to addressing
maternal mortality and morbidity as discussed in this section.
1.
Accountability
33.
Accountability is at the core of the enjoyment of all human rights and has two main
components: addressing past grievances and correcting systemic failure to prevent future
harm. Accountability is sometimes narrowly understood to mean blame and punishment,
whereas it is more accurately regarded as a process to determine what is working (so it can
be repeated) and what is not (so it can be adjusted).74
34.
The Human Rights Committee has articulated State obligations regarding
accountability in the context of the right to life, in the form of a State obligation to prevent,
investigate or redress harm caused by acts of private persons or entities.75 In this
connection, the Committee emphasized the need for administrative mechanisms to give
effect to the obligation to investigate allegations of violations promptly, thoroughly,
effectively and impartially.76
35.
CESCR has clarified that States must establish mechanisms and institutions that can
effectively address both the individual and the structural nature of harm caused by
discrimination in the enjoyment of rights.77 It has also specified that strengthening
independent human rights structures and the participation of human rights advocates are
71
72
73
74
75
76
77
14
CRC, general comment No. 4: Adolescent health and development in the context of the Convention
on the Rights of the Child (2003), para. 28.
Furthermore, in its resolution 11/8, the Human Rights Council has recognized that preventable
maternal mortality requires effective promotion and protection of the rights of women and girls to
enjoy the benefits of scientific progress, among other rights.
Non-discrimination is dealt with in section A of the present chapter; we will therefore lay out only the
other six principles.
Report of the Special Rapporteur on the right to health (A/HRC/4/28), para. 46.
Human Rights Committee, general comment No. 31, para. 8.
Ibid., para. 15.
CESCR, general comment No. 20, para. 40.
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