A/HRC/14/39
25.
Specifically, the right to health requires that particular measures be taken in relation
to pregnancy and childbirth, including the provision of reproductive and maternal health
care. ICECSR states that “special protection should be accorded to mothers during a
reasonable period before and after childbirth” (art. 10, para. 2), and the Convention on the
Elimination of All Forms of Discrimination against Women establishes that “States Parties
shall ensure to women appropriate services in connection with pregnancy, confinement and
the post-natal period, granting free services where necessary, as well as adequate nutrition
during pregnancy and lactation” (art. 12, para. 2).57 ICECSR also requires the provision of
reproductive and maternal (pre- as well as post-natal) health care.58 Numerous other
international and regional human rights instruments and bodies have elaborated on States’
obligations with respect to access to family planning, pre- and post-natal care, skilled
delivery, emergency obstetric care and access to safe abortion and post-abortion care.59
26.
Evidence shows that access to voluntary family planning can reduce maternal deaths
by between 25 and 40 per cent.60 For example, contraception contributes to lowering
teenage pregnancy rates.61 CEDAW has urged Governments to take measures to provide
access to contraception and family planning services.62
27.
Unsafe abortion is one of the five major direct causes of maternal deaths and can
result in permanent injuries and death due to complications.63 Unsafe abortion accounts for
13 per cent of maternal deaths, and 20 per cent of the total mortality and disability burden
due to pregnancy and childbirth.64 Every year, there are 65,000 to 70,000 deaths and close
to 5 million women with temporary or permanent disability due to unsafe abortion.65
According to WHO, the degree of legal access to abortion co-determines the frequency and
related mortality of unsafe abortion. Evidence also shows that women who seek abortion
will do so regardless of legal restrictions. Where there are few restrictions on the
availability of safe abortion, deaths and illnesses are significantly reduced.66 Treaty bodies
57
58
59
60
61
62
63
64
65
66
12
See also the Programme of Action of the International Conference on Population and Development
(ICPD), (A/CON.17/13), para. 7.3.
CESCR, general comment No. 14, para. 44 (a).
CESCR, general comment No. 14, para. 14; CEDAW, general recommendation No. 24, para. 27;
Maputo Protocol (art. 14, para. 2). See also for example: CEDAW concluding observations: Cape
Verde (CEDAW/C/CPV/CO/6), para. 30; Indonesia (CEDAW/C/IDN/CO/5), para. 37; Togo
(CEDAW/C/TOG/CO/5), para. 29; CESCR concluding observations: Kenya (E/C.12/KEN/CO/1),
para. 33; Nepal (E/C.12/NPL/CO/2), para. 46; CRC concluding observations: Cambodia
(CRC/C/15/Add.128), para. 52; Kazakhstan (CRC/C/KAZ/CO/3), para. 52 (b); Maldives
(CRC/C/15/Add.91), para. 19.
World Bank, “World’s progress on maternal health and family planning is insufficient”, July 2009,
available from http://go.worldbank.org/70P0CCPUF0. See also UNFPA at www.unfpa.org/public/
mothers/pid/4382.
See for example the response of New Zealand to the note verbale, citing UNFPA Pacific SubRegional Office Technical Services, Paper No. 001/2008, which reported that teenage pregnancy
rates in Kiribati, Marshall Islands, Nauru, Papua New Guinea, Solomon Islands and Vanuatu are
amongst the highest in the world.
CEDAW, general recommendation No. 24, paras. 2, 17, 23, 28 and 31 (c); CEDAW concluding
observations: Belize (A/54/38), paras. 56–57; Philippines (CEDAW/C/PHI/CO/6), para. 27.
See paragraph 6 of the present study.
WHO, Unsafe Abortion: Global and Regional Estimates of the Incidence of Unsafe Abortion and
Associated Mortality in 2003, 5th ed. (Geneva, 2007), p. 5.
Ibid.
WHO, Women and Health, pp. 42–43.
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