A/HRC/22/53
involuntary sterilization; denial of legally available health services 34 such as abortion and
post-abortion care; forced abortions and sterilizations;35 female genital mutilation;36
violations of medical secrecy and confidentiality in health-care settings, such as
denunciations of women by medical personnel when evidence of illegal abortion is found;
and the practice of attempting to obtain confessions as a condition of potentially life-saving
medical treatment after abortion.37
47.
In the case of R.R. v. Poland, for instance, ECHR found a violation of article 3 in the
case of a woman who was denied access to prenatal genetic testing when an ultrasound
revealed a potential foetal abnormality. The Court recognized “that the applicant was in a
situation of great vulnerability”38 and that R.R.‟s access to genetic testing was “marred by
procrastination, confusion and lack of proper counselling and information given to the
applicant”.39 Access to information about reproductive health is imperative to a woman‟s
ability to exercise reproductive autonomy, and the rights to health and to physical integrity.
48.
Some women may experience multiple forms of discrimination on the basis of their
sex and other status or identity. Targeting ethnic and racial minorities, women from
marginalized communities40 and women with disabilities41 for involuntary sterilization42
because of discriminatory notions that they are “unfit” to bear children 43 is an increasingly
global problem. Forced sterilization is an act of violence, 44 a form of social control, and a
violation of the right to be free from torture and other cruel, inhuman, or degrading
treatment or punishment. 45 The mandate has asserted that “forced abortions or sterilizations
carried out by State officials in accordance with coercive family planning laws or policies
may amount to torture”.46
49.
For many rape survivors, access to a safe abortion procedure is made virtually
impossible by a maze of administrative hurdles, and by official negligence and obstruction.
In the landmark decision of K.N.L.H. v. Peru, the Human Rights Committee deemed the
denial of a therapeutic abortion a violation of the individual‟s right to be free from illtreatment.47 In the case of P. and S. v. Poland, ECHR stated that “the general stigma
attached to abortion and to sexual violence …, caus[ed] much distress and suffering, both
physically and mentally”.48
50.
The Committee against Torture has repeatedly expressed concerns about restrictions
on access to abortion and about absolute bans on abortion as violating the prohibition of
torture and ill-treatment.49 On numerous occasions United Nations bodies have expressed
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
See CAT/C/PER/CO/4, para. 23.
E/CN.4/2005/51, paras. 9, 12.
A/HRC/7/3, paras. 50, 51, 53; CAT/C/IDN/CO/2, para. 16.
CAT/C/CR/32/5, para. 6 (j).
ECHR, R.R. v. Poland, Application No. 27617/04 (2011), para. 159.
Ibid., para. 153.
See ECHR, V.C. v. Slovakia, Application No. 18968/07 (2011).
A/67/227, para. 28; A/HRC/7/3, para. 38.
A/64/272, para. 55.
See Open Society Foundations, Against Her Will: Forced and Coerced Sterilization of Women
Worldwide (2011).
See Committee on the Elimination of Discrimination against Women, general recommendation No.
19, para. 22; Human Rights Committee, general comment No. 28, paras. 11, 20.
A/HRC/7/3, paras. 38, 39.
Ibid., para. 69.
Communication No. 1153/2003 (2005), para. 6.3.
ECHR, Application No. 57375/08 (2012), para. 76.
See CAT/C/PER/CO/4, para. 23.
11
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