A/HRC/14/39 reproductive health risks are not mere misfortunes and unavoidable natural disadvantages of pregnancy but, rather, injustices that societies are able and obligated to remedy”.23 III. Human rights dimensions of preventable maternal mortality and morbidity and existing international legal framework 8. There has been an increasing understanding at the international and regional levels that reducing maternal mortality and morbidity is not solely an issue of development, but a matter of human rights.24 In its resolution 11/8 (para. 2), the Human Rights Council identifies a range of human rights directly implicated by maternal mortality and morbidity, namely, the “rights to life, to be equal in dignity, to education, to be free to seek, receive and impart information, to enjoy the benefits of scientific progress, to freedom from discrimination, and to enjoy the highest attainable standard of physical and mental health, including sexual and reproductive health”. International human rights treaties and the general comments, recommendations and concluding observations of several treaty bodies have recognized that maternal mortality implicates a wider range of human rights and have recommended that States parties take effective measures to reduce maternal mortality rates and improve maternal health,25 with reference to, inter alia, the right to be free from cruel, inhumane and degrading treatment, the right to privacy and the right to an effective remedy. These rights are enshrined in various international and regional human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR); the International Covenant on Economic, Social and Cultural Rights (ICESCR); and the Convention on the Elimination of All Forms of Discrimination against Women. 9. Maternal mortality is overwhelmingly due to a number of interrelated reasons, or delays, which ultimately prevent pregnant women from accessing the health care they need.26 These delays, often referred to as the “three delays”, are understood to encompass: 23 24 25 26 6 Ibid., p. 69. See for example African Commission on Human and Peoples’ Rights, ACHPR/Res.135 (XXXXIIII), resolution on maternal mortality in Africa (2008); and European Parliament, resolution on maternal mortality ahead of the UN High-level Event, 25 September – review of the Millennium Development Goals (2008). See for example: concluding observations of the Committee on the Elimination of Discrimination against Women: Algeria (A/60/38), para. 131; Czech Republic (A/57/38), para. 85; India (CEDAW/C/IND/CO/3), para. 40; Saint Kitts and Nevis (A/57/38), para. 88; Sri Lanka (A/57/38), para. 217; Turkey (CEDAW/C/TUR/CC/4-5), para. 38; concluding observations of the Human Rights Committee: Bolivia (CCPR/C/79/Add.74), para. 22; Libyan Arab Jamahiriya (CCPR/C/79/Add.101), para. 9; Mongolia (CCPR/C/79/Add.120), para. 8 (b); Paraguay (A/51/38), para. 123; Senegal (CCPR/C/79/Add.82), para. 12; concluding observations of the Committee on the Elimination of Racial Discrimination (CERD): Benin (E/C.12/BEN/CO/2), para. 25; Brazil (E/C.12/1/Add.87), para. 27; China (E/C.12/1/Add.107), para. 36; Democratic People’s Republic of Korea (E/C.12/1/Add.95), para. 23; Mexico (E/C.12/MEX/CO/4), para. 25; Morocco (E/C.12/MAR/CO/3), para. 13 (f); Paraguay (E/C.12/PRY/CO/3), para. 21; Poland (E/C.12/1/Add.82), para. 29; Senegal (E/C.12/1/Add.62), para. 26; concluding observations of the Committee on the Rights of the Child: Argentina (CRC/C/15/Add.187), para. 46; Azerbaijan (CRC/C/AZE/CO/2), para. 49 (b); Benin (CRC/C/BEN/CO/2), para. 51; Botswana (CRC/C/15/Add.242), para. 48; Colombia (CRC/C/COL/CO/3), para. 68 (b); Philippines (CRC/C/PHL/CO/3-4), para. 55; Yemen (CRC/C/15/Add.128), para. 55 (c). For a comprehensive review of concluding observations and general comments and recommendations of treaty bodies on maternal mortality see: Center for Reproductive Rights, “Bringing rights to bear: preventing maternal mortality and ensuring safe pregnancy” (2008). D. Maine, Safe Motherhood Programs: Options and Issues (New York, Columbia University, 1991); GE.10-12949

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