A/HRC/31/57
(general comment No. 2). Discrimination against women, girls, and persons on the basis of
sex, gender, real or perceived sexual orientation or gender identity and sex characteristics
often underpins their torture and ill-treatment in health-care settings. This is particularly
true when seeking treatments such as abortion that may contravene socialized gender roles
and expectations. International human rights law increasingly recognizes that abuse and
mistreatment of women seeking reproductive health services cause tremendous and lasting
physical and emotional suffering, which is inflicted on the basis of gender (A/HRC/22/53).
Health-care providers tend to exercise considerable authority over clients, placing women
in a position of powerlessness, while the lack of legal and policy frameworks that
effectively enable women to assert their right to access reproductive health services
enhances their vulnerability to torture and ill-treatment.
Access to abortion and related care
43.
Unsafe abortion is the third leading cause of maternal death globally. 23 Where access
to abortion is restricted by law, maternal mortality increases as women are forced to
undergo clandestine abortions in unsafe and unhygienic conditions. Short- and long-term
physical and psychological consequences also arise due to unsafe abortions and when
women are forced to carry pregnancies to term against their will (A/66/254). Such
restrictive policies disproportionately impact marginalized and disadvantaged women and
girls. Highly restrictive abortion laws that prohibit abortions even in cases of incest, rape or
fetal impairment or to safeguard the life or health of the woman violate women’s right to be
free from torture and ill-treatment (A/HRC/22/53, CEDAW/C/OP.8/PHL/1). Nevertheless,
some States continue to restrict women’s right to safe and legal abortion services with
absolute bans on abortions. Restrictive access to voluntary abortion results in the
unnecessary deaths of women (CAT/C/PER/CO/4).
44.
In other cases, women and girls face significant difficulties in accessing legal
abortion services due to administrative and bureaucratic hurdles, refusal on the part of
health-care workers to adhere to medical protocols that guarantee legal rights, negative
attitudes, official incompetence or disinterest (A/HRC/22/53). The denial of safe abortions
and subjecting women and girls to humiliating and judgmental attitudes in such contexts of
extreme vulnerability and where timely health care is essential amount to torture or illtreatment.24 States have an affirmative obligation to reform restrictive abortion legislation
that perpetuates torture and ill-treatment by denying women safe access and care. Limited
and conditional access to abortion-related care, especially where this care is withheld for
the impermissible purpose of punishing or eliciting a confession, remains of concern
(A/HRC/22/53). The practice of extracting, for prosecution purposes, confessions from
women seeking emergency medical care as a result of illegal abortion in particular amounts
to torture or ill-treatment.
Forced and coerced sterilization
45.
Forced sterilization is an act of violence and a form of social control, and violates a
person’s right to be free from torture and ill-treatment. Full, free and informed consent of
the patient herself is critical and can never be excused on the basis of medical necessity or
emergency when obtaining consent is still possible (A/HRC/22/53). Gender often intersects
with other characteristics such as race, nationality, sexual orientation, socioeconomic status,
age and HIV status to render women and girls at risk of torture and other ill-treatment in the
context of sterilization (CAT/C/CZE/CO/4-5, A/HRC/29/40/Add.2) The European Court of
23
24
12
Guttmacher Institute and World Health Organization, Facts on Induced Abortion Worldwide (2012).
European Court of Human Rights, application No. 57375/08, P and S v. Poland, judgement of 30
October 2012.
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