reason, to seek medical care for diseases of the genital tract, for contraception or for
incomplete abortion and in cases where they have suffered sexual or physical
violence.
13.
The duty of States parties to ensure, on a basis of equality of men and women,
access to health-care services, information and education implies an obligation to
respect, protect and fulfil women’s rights to health care. States parties have the
responsibility to ensure that legislation and executive action and policy comply with
these three obligations. They must also put in place a system that ensures effective
judicial action. Failure to do so will constitute a violation of article 12.
14.
The obligation to respect rights requires States parties to refrain from
obstructing action taken by women in pursuit of their health goals. States parties
should report on how public and private health-care providers meet their duties to
respect women’s rights to have access to health care. For example, States parties
should not restrict women’s access to health services or to the clinics that provide
those services on the ground that women do not have the authorization of husbands,
partners, parents or health authorities, because they are unmarried * or because they
are women. Other barriers to women’s access to appropriate health care include laws
that criminalize medical procedures only needed by women punish women who
undergo those procedures.
15.
The obligation to protect rights relating to women’s health requires States
parties, their agents and officials to take action to prevent and impose sanctions for
violations of rights by private persons and organizations. Since gender-based
violence is a critical health issue for women, States parties should ensure:
(a)
The enactment and effective enforcement of laws and the formulation
of policies, including health-care protocols and hospital procedures to address
violence against women and sexual abuse of girl children and the provision of
appropriate health services;
(b)
Gender-sensitive training to enable health-care workers to detect and
manage the health consequences of gender-based violence;
(c)
Fair and protective procedures for hearing complaints and imposing
appropriate sanctions on health-care professionals guilty of sexual abuse of women
patients;
(d)
The enactment and effective enforcement of laws that prohibit female
genital mutilation and marriage of girl children.
16.
States parties should ensure that adequate protection and health services,
including trauma treatment and counselling, are provided for women in especially
*
See Official Records of the General Assembly, Forty-ninth Session, Supplement No. 38 (A/49/38),
chap. I, sect. A, general recommendation 21, para. 29.