E/C.12/GC/22
domestic violence, rape (including marital rape), sexual assault, abuse and harassment,
including during conflict, post-conflict and transition situations; violence targeting lesbian,
gay, bisexual, transgender and intersex persons or women seeking abortion or post-abortion
care; harmful practices such as female genital mutilation, child and forced marriage, forced
sterilization, forced abortion and forced pregnancy; and medically unnecessary, irreversible
and involuntary surgery and treatment performed on intersex infants or children.
60.
States must effectively monitor and regulate specific sectors, such as private
health-care providers, health insurance companies, educational and child-care institutions,
institutional care facilities, refugee camps, prisons and other detention centres, to ensure
that they do not undermine or violate enjoyment by individuals of the right to sexual and
reproductive health. States have an obligation to ensure that private health insurance
companies do not refuse to cover sexual and reproductive health services. Furthermore,
States also have an extraterritorial obligation 43 to ensure that transnational corporations,
such as pharmaceutical companies operating globally, do not violate the right to sexual and
reproductive health of people in other countries, for example through non-consensual
testing of contraceptives or medical experiments.
61.
Violations of the obligation to fulfil occur when States do not take all necessary
steps to facilitate, promote and provide for the right to sexual and reproductive health
within maximum available resources. Such violations arise when States fail to adopt and
implement a holistic and inclusive national health policy that adequately and
comprehensively includes sexual and reproductive health or when a policy fails to
appropriately address the needs of disadvantaged and marginalized groups.
62.
Violations of the obligation to fulfil also occur when States fail to progressively
ensure that sexual and reproductive health facilities, goods and services are available,
accessible, acceptable and of good quality. Examples of such violations include the failure
to guarantee access to the full range of contraceptive options so that all individuals are able
to utilize an appropriate method that suits their particular situation and needs.
63.
In addition, violations of the obligation to fulfil occur when States fail to take
affirmative measures to eradicate legal, procedural, practical and social barriers to the
enjoyment of the right to sexual and reproductive health and to ensure that health-care
providers treat all individuals seeking sexual and reproductive health care in a respectful
and non-discriminatory manner. Violation of the obligation to fulfil also occur when States
fail to take measures to ensure that up-to-date, accurate information on sexual and
reproductive health is publicly available and accessible to all individuals, in appropriate
languages and formats, and to ensure that all educational institutions incorporate unbiased,
scientifically accurate, evidence-based, age-appropriate and comprehensive sexuality
education into their required curricula.
VI. Remedies
64.
States must ensure that all individuals have access to justice and to meaningful and
effective remedy in instances in which the right to sexual and reproductive health is
violated. Remedies include, but are not limited to, adequate, effective and prompt
reparation in the form of restitution, compensation, rehabilitation, satisfaction and
guarantees of non-repetition, as appropriate. The effective exercise of the right to remedy
requires funding access to justice and information about the existence of these remedies. It
43
Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social
and Cultural Rights.
15