A/HRC/14/39
are non-derogable”.30 CESCR has stated that the provision of maternal health services is
comparable to a core obligation, and that States have the immediate obligation to take
“deliberate, concrete and targeted steps” towards fulfilling the right to health in the context
of pregnancy and childbirth.31 The Convention on the Elimination of All Forms of
Discrimination against Women also establishes that State obligations to address maternal
mortality and morbidity are of immediate effect. It requires States parties to ensure services
for maternal health and equality in access to health services (art. 12), as denying services
that only women need is a form of discrimination.32 Moreover, the right to life and other
civil and political rights, and the right to non-discrimination, are not subject to progressive
realization.33
A.
Equality and non-discrimination
14.
The scale of maternal mortality and morbidity across the world reflects a situation of
inequality and discrimination34 suffered by women throughout their lifetimes, perpetuated
by formal laws, policies and harmful social norms and practices. An approach to
preventable maternal mortality and morbidity that applies the human rights principles of
equality and non-discrimination will provide stakeholders, including States, international
organizations, and members of both the human rights and public health communities, with a
vital tool in their ongoing efforts to address the problem. It can facilitate the identification
of high-risk groups, enable analysis of the complex gaps in protection, participation and
accountability they are facing, and promote the identification of comprehensive and
sustainable solutions.
1.
Obligations under international human rights law
15.
International human rights law specifies that all human beings must be able to enjoy
and exercise their human rights on a basis of equality between women and men,35 and free
from discrimination on the basis of sex, race, colour, language, religion, political or other
opinion, national or social origin, property, birth or other status.36 Among other things,
these fundamental legal requirements oblige States to refrain from discriminatory actions,37
to take positive proactive steps to guarantee equality38 (not just in law, but in policy and
30
31
32
33
34
35
36
37
38
8
CESCR, general comment No. 14: The right to the highest attainable standard of health (art. 12)
(2000), para. 47.
Ibid., paras. 30, 43 and 44 (a).
Committee on the Elimination of Discrimination against Women (CEDAW), general
recommendation No. 24: Women and health (art. 12) (1999), para. 11.
Human Rights Committee, general comment No. 6: Article 6 (right to life) (1982), para. 5; CESCR,
general comment No. 20: Non-discrimination in economic, social and cultural rights (art. 2, para. 2)
(2009), para. 7.
A/61/338, para. 10; European Parliament, resolution on maternal mortality.
ICCPR, art. 3; ICESCR, art. 3; Convention on the Elimination of All Forms of Discrimination against
Women, arts. 1 and 2; Human Rights Committee, general comment No. 28; CESCR, general
comment No. 16: The equal right of men and women to the enjoyment of all economic, social and
cultural rights (art. 3) (2005); CESCR, general comment No. 20.
ICCPR, art. 2, para. 1; ICESCR, art. 2, para. 2; Convention on the Rights of the Child, art. 2, para. 1;
Human Rights Committee, general comment No. 18: Non-discrimination (1989); CESCR, general
comment No. 20.
CESCR, general comment No. 16, para. 18.
Ibid., para. 21; CESCR, general comment No. 20, para. 8 (b); CEDAW, general recommendation No.
25: Temporary special measures (art. 4, para. 1) (2004), paras. 7–8.
GE.10-12949
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