E/C.12/GC/22
women and girls access to safe abortion services and quality post-abortion care, including
by training health-care providers; and to respect the right of women to make autonomous
decisions about their sexual and reproductive health.25
29.
It is also important to undertake preventive, promotional and remedial action to
shield all individuals from the harmful practices and norms and gender-based violence that
deny them their full sexual and reproductive health, such as female genital mutilation, child
and forced marriage and domestic and sexual violence, including marital rape, among other
things. States parties must put in place laws, policies and programmes to prevent, address
and remediate violations of the right of all individuals to autonomous decision-making on
matters regarding their sexual and reproductive health, free from violence, coercion and
discrimination.
Intersectionality and multiple discrimination
30.
Individuals belonging to particular groups may be disproportionately affected by
intersectional discrimination in the context of sexual and reproductive health. As identified
by the Committee, 26 groups such as, but not limited to, poor women, persons with
disabilities, migrants, indigenous or other ethnic minorities, adolescents, lesbian, gay,
bisexual, transgender and intersex persons, and people living with HIV/AIDS are more
likely to experience multiple discrimination. Trafficked and sexually exploited women,
girls and boys are subject to violence, coercion and discrimination in their everyday lives,
with their sexual and reproductive health at great risk. Also, women and girls living in
conflict situations are disproportionately exposed to a high risk of violation of their rights,
including through systematic rape, sexual slavery, forced pregnancy and forced
sterilization.27 Measures to guarantee non-discrimination and substantive equality should be
cognizant of and seek to overcome the often exacerbated impact that intersectional
discrimination has on the realization of the right to sexual and reproductive health.
31.
Laws, policies and programmes, including temporary special measures, are required
to prevent and eliminate discrimination, stigmatization and negative stereotyping that
hinder access to sexual and reproductive health. Prisoners, refugees, stateless persons,
asylum seekers and undocumented migrants, given their additional vulnerability by
condition of their detention or legal status, are also groups with specific needs that require
the State to take particular steps to ensure their access to sexual and reproductive
information, goods and health care. States must ensure that individuals are not subject to
harassment for exercising their right to sexual and reproductive health. Eliminating
systemic discrimination will also frequently require devoting greater resources to
traditionally neglected groups28 and ensuring that anti-discrimination laws and policies are
implemented in practice by officials and others.
25
A/69/62; see also WHO, Safe Abortion: Technical and Policy Guidance for Health Systems,
2nd ed. (2012).
26
Including groups that are discriminated against on the grounds of race and colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other
status, including ethnicity, age, nationality, marital and family status, disability, sexual
orientation and gender identity, intersex status, health status, place of residence, economic and
social situation or other status, and those facing multiple forms of discrimination. See
Committee on Economic, Social and Cultural Rights general comment No. 20.
27
See Vienna Declaration and Programme of Action of 1993 (A/CONF.157/23), para. 38; and
Beijing Declaration and Platform for Action of 1995 (A/CONF.177/20), para. 135.
28
See Committee on Economic, Social and Cultural Rights general comment No. 20, para. 39.
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