A/HRC/27/20
31.
The technical guidance has also been used in engagement with the courts. For
example, Uganda’s Center for Health, Human Rights and Development has reported that
the technical guidance influenced the preparation of the petition that it and other partners
filed in the Constitutional Court. The petition seeks to establish that the non-provision of
essential maternal health commodities in a government health facility, leading to the death
of some expectant mothers, is an infringement on the right to health. The Centre explained
that the emphasis placed by the technical guidance on accountability and judicial remedies
provided a supportive framework for this work. It also explained that the filing of this case
had led to the filing of other health-related cases, which were assisted by the technical
guidance.11
32.
SAHAYOG, an Indian civil society organization working in the areas of maternal
health, sexual and reproductive health and rights, and gender equality, used the technical
guidance in its joint work with the national human rights institution on monitoring the
Government’s commitments following the second universal periodic review of India. The
actions identified include ensuring access to contraceptive services, maternal health
services and safe abortion services; simplifying the grievance mechanisms; and ensuring
community participation in the governance of the public health system. Many of these
actions require engagement with parliamentarians, which is SAHAYOG’s next step, after
the May 2014 elections.
33.
The technical guidance also informed the development, by the Pan American Health
Organization (PAHO), of model legislation on maternal health from a human rights
perspective. This model legislation is presented in a publication by PAHO entitled
Reproductive Health and Healthy Motherhood: Aligning National Legislation with
International Human Rights Law. The publication is the product of two regional meetings
for parliamentarians organized by PAHO. The first meeting took place in March 2013 in
Santo Domingo and the second took place in December 2013 in Brasilia. For the second
meeting, PAHO financed the translation of the technical guidance into Portuguese and the
technical guidance was presented. Model legislation provides important illustrations and
examples of how legislation may meet human rights standards.
B.
Capacity-building
34.
Various interlocutors have reported using the technical guidance as a way to
enhance understanding of the actions required under a rights-based approach, particularly
through capacity-building initiatives. For instance, Colombia reported that the technical
guidance has contributed to a better understanding of the requirements of a rights-based
approach, which has been particularly relevant in Colombia since the Constitutional Court
decision of 2006 regarding the grounds on which abortion should be permitted.12
35.
UNFPA in Brazil has reported that the technical guidance has been used in training
activities, especially with regard to a workshop on the intersectionalities of race, gender and
age in public policies and budgets, which focused on the health of women of African
descent. The workshop reportedly provided a basis for constructive engagement between
government officials, civil society, academia and United Nations agencies, and led to action
that was effective in framing maternal health as a human rights issue.
11
12
10
See, for example, CEHURD and others v. Nakaseke District Local Government (civil suit No. 111 of
2012) and CEHURD v. Executive Director of Mulago National Referral Hospital (civil suit No. 212
of 2013).
Decision C-355/06 (10 May 2006).
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