A/HRC/42/24
I. Introduction
1.
In resolution 39/10, the Human Rights Council requested the United Nations High
Commissioner for Human Rights to organize a two-day meeting in 2019 to discuss good
practices, gaps and challenges in the application of a human rights-based approach to the
implementation of policies and programmes to reduce preventable maternal mortality and
morbidity in humanitarian settings. The Council also requested the High Commissioner to
prepare a summary report on the meeting and to present it to the Council at its forty-second
session.
2.
The present report is submitted by the High Commissioner in response to the
Council’s request. In it she summarizes the discussions held and interventions made by the
experts, including their examples of good practices, gaps and challenges, as well as
recommendations. The expert meeting was held in Geneva on 7 and 8 May 2019 and
brought together 35 experts from a diversity of backgrounds and nationalities.
3.
The discussion at the expert meeting was informed by Council resolution 39/10,
initial reflections highlighted in the follow-up implementation report to the Council
(A/HRC/39/34), inputs from key stakeholders and United Nations partners, and the work of
humanitarian service providers, coordinating bodies and other stakeholders active in this
area. Relevant documents for the meeting are available on the website of the Office of the
United Nations High Commissioner for Human Rights (OHCHR). 1
II. Building common understanding
4.
The experts sought to establish a foundation and common understanding among a
diversity of experts. This included a discussion on the concepts and language used and
applicable legal and policy frameworks, as well as on shared goals, approaches and
principles among different constituencies active in humanitarian settings to advance sexual
and reproductive health.
A.
Legal framework
5.
On the applicable legal frameworks and their interlinkages in humanitarian settings,
the significance of human rights law as the general body of law that cuts across all contexts
and remains applicable in each type and stage of an emergency was emphasized. Experts
also highlighted the importance of international humanitarian, refugee and criminal law,
including how all bodies of international law reinforce one another.
6.
Experts also specifically emphasized the relevance of emerging international disaster
law, which is elaborated by the International Law Commission in its draft articles on the
protection of persons in the event of disasters (A/71/10, chap. IV.E). Although human
rights and humanitarian response feature centrally, the draft articles omit sexual and
reproductive health, gender-based violence and other gender-specific concerns. They are
also still open for comments by the General Assembly and this was identified as a possible
area of attention.
7.
The importance of a robust international legal framework to assist and protect
affected women and girls and their sexual and reproductive health and rights is broadly
accepted. Experts found that the challenge is comprehensive practical implementation.
Articulating a human rights-based approach to policies and programmes in humanitarian
settings can therefore add value, in particular when it concerns ensuring there is rightsbased accountability for every woman and girl, tailoring humanitarian action to their views,
lived experiences and needs.
1
See www.ohchr.org/EN/Issues/Women/WRGS/Pages/FollowUpReport2018.aspx.
3
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