A/HRC/14/39
practice),39 to ensure that seemingly neutral measures and approaches do not have a
discriminatory effect in real terms,40 and in certain contexts to actively recognize and take
account of difference.41
2.
Application in the context of preventable maternal mortality and morbidity
16.
There are a number of ways in which non-discrimination and equality-related
obligations come into play in the context of efforts to prevent women’s death and disability
from pregnancy-related causes.
Ensuring gender equality and non-discrimination on the basis of sex
17.
As research indicates, preventable maternal mortality and morbidity is related to a
lack of provision and prioritization of health care42 that only women need due to the fact
that reproduction takes place in their bodies. Though all human beings are affected in
significant ways by preventable maternal mortality and morbidity, by definition it is the
lives and health of women and adolescent girls that are directly and immediately impacted.
But while interventions and services needed to combat maternal mortality do exist, “there is
no single cause of death and disability for men between the ages of 15 and 44 that is close
to the magnitude of maternal mortality”.43 To ensure gender equality and nondiscrimination on the basis of sex, States must address this. Specifically, States are
obligated to ensure that their laws, policies and practices meaningfully address the specific
needs of women due to their ability to become pregnant and give birth.44 This includes,
among other things, an obligation to ensure women’s access to emergency obstetric care
and to other sexual and reproductive health information and services, such as family
planning.45
18.
Obligations related to equality and non-discrimination on the basis of sex also
explicitly request States to confront a number of underlying factors that contribute to
preventable maternal mortality and morbidity. For example, States should take measures to
effectively reduce and ultimately eliminate gender-based violence and other harmful
practices against women and girls,46 which exacerbate the risks of a woman’s death or
disability as a result of pregnancy-related causes.47 Action is also required to eliminate
39
40
41
42
43
44
45
46
47
GE.10-12949
CESCR, general comment No. 16, paras. 6–8; CESCR, general comment No. 20, para. 8; CEDAW,
general recommendation No. 25, paras. 4–10.
CEDAW, general recommendation No. 25, para. 7; CESCR, general comment No. 16, paras. 5, 12–
13; CESCR, general comment No. 20, para. 10.
CEDAW, general recommendation No. 25, para. 8.
UNICEF, State of the World’s Children 2009, p. 2.
A/61/338, para. 9.
ICESCR, art. 12, para. 2 (a); Convention on the Elimination of All Forms of Discrimination against
Women, art. 12, para. 2; CESCR, general comment No. 14, paras. 14, 21 and 44 (a); CEDAW,
general recommendation No. 24, paras. 26–27.
CEDAW, general recommendation No. 24, para. 27; CESCR, general comment No. 14, para. 14.
General Assembly resolution 48/104 on the Declaration on the Elimination of Violence against
Women, art. 4 (c); CEDAW, general recommendation No. 19: Violence against women (1992);
CESCR, general comment No. 14, para. 21. See also: Inter-American Convention on the Prevention,
Punishment and Eradication of Violence against Women (Convention of Bélem do Pará), art. 7; InterAmerican Court of Human Rights, Case of González and Others (Campo Algodonero) v. Mexico, 16
November 2009; European Court of Human Rights, Case of Opuz v. Turkey, judgement of 9 June
2009, application No. 33401/02.
UN Millennium Project 2005, Taking Action: Achieving Gender Equality and Empowering Women
(London, Task Force on Education and Gender Equality, 2005), chapter 9. See also: WHO,
Eliminating Female Genital Mutilation: An Interagency Statement (OHCHR, UNAIDS, UNDP,
9
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