P. A. Chacko
By virtue of being a woman, every adult female person has the right to sexual and productive health. May 28 May is designated by the UN as the International Day of Action for Women’s Health.
During the IV International Women’s Health Meeting in Costa Rica on 18 May, 1987, it was proposed that May 28 would be set apart as the day for reflecting on and promoting women’s sexual and productive rights.
The UN Committee on Economic, Social and Cultural Rights (CESCR) and the Committee on the Elimination of Discrimination against Women (CEDAW) have both clearly indicated that women’s right to health includes their sexual and reproductive health.
These rights include the right to life, the right to be free from torture, the right to health, the right to privacy, the right to education, and the prohibition of discrimination.
Every nation has obligations to respect, protect and fulfil rights related to women’s sexual and reproductive health.
Women’s entitlements to reproductive health services include facilities which should be easily accessible without discrimination.
The violation takes many forms such as: denial of access to services that women specifically require, poor quality services, subjecting women’s access to third party authorization, forced sterilization, forced virginity examination, forced abortion, not seeking women’s consent, female genital mutilation and early marriage.
Relevant human rights standards
CEDAW (article 16) guarantees women equal rights in deciding “freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights.”
CEDAW (article 10) also specifies that women’s right to education includes “access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.”
The Beijing Platform for Action states that “the human rights of women include their right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence.”
The CEDAW Committee’s General Recommendation 24 recommends that States prioritise the “prevention of unwanted pregnancy through family planning and sex education.”
The CESCR General Comment 14 insists that the provision of maternal health services is comparable to a core obligation which cannot be derogated from under any circumstances. It points to the immediate obligation of the States to take targeted steps towards fulfilling the right to health in the context of pregnancy and childbirth.
The CESCR General Comment 22 recommends that the States should “repeal or eliminate laws, policies and practices that criminalize, obstruct or undermine access by individuals or a particular group to sexual and reproductive health facilities, services, goods and information.”