E/C.12/GC/22
Equality and the Empowerment of Women (UN–Women), the Office of the United Nations
High Commissioner for Human Rights and other United Nations entities provide technical
guidance and information, as well as capacity-building and strengthening. They should
cooperate effectively with States parties, building on their respective expertise in relation to
the implementation of the right to sexual and reproductive health at the national level, with
due respect to their individual mandates, in collaboration with civil society.41
V.
Violations
54.
Violations of the right to sexual and reproductive health can occur through the direct
action of States or other entities that are insufficiently regulated by States. Violations
through acts of commission include the adoption of legislation, regulations, policies or
programmes that create barriers to the realization of the right to sexual and reproductive
health in the State party or in third countries, or the formal repeal or suspension of
legislation, regulations, policies or programmes that are necessary for the continued
enjoyment of the right to sexual and reproductive health.
55.
Violations through acts of omission include the failure to take appropriate steps
towards the full realization of everyone's right to sexual and reproductive health and the
failure to enact and enforce relevant laws. Failure to ensure formal and substantive equality
in the enjoyment of the right to sexual and reproductive health constitutes a violation of this
right. The elimination of de jure as well as de facto discrimination is required for the equal
enjoyment of the right to sexual and reproductive health. 42
56.
Violations of the obligation to respect occur when the State, through laws, policies
or actions, undermines the right to sexual and reproductive health. Such violations include
State interference with an individual’s freedom to control his or her own body and ability to
make free, informed and responsible decisions in this regard. They also occur when the
State removes or suspends laws and policies that are necessary for the enjoyment of the
right to sexual and reproductive health.
57.
Examples of violations of the obligation to respect include the establishment of legal
barriers impeding access by individuals to sexual and reproductive health services, such as
the criminalization of women undergoing abortions and the criminalization of consensual
sexual activity between adults. Banning or denying access in practice to sexual and
reproductive health services and medicines, such as emergency contraception, also violates
the obligation to respect. Laws and policies that prescribe involuntary, coercive or forced
medical interventions, including forced sterilization or mandatory HIV/AIDS, virginity or
pregnancy testing, also violate the obligation to respect.
58.
Laws and policies that indirectly perpetuate coercive medical practices, including
incentive- or quota-based contraceptive policies and hormonal therapy, as well as surgery
or sterilization requirements for legal recognition of one’s gender identity, constitute
additional violations of the obligation to respect. Further violations include state practices
and policies that censor or withhold information, or present inaccurate, misrepresentative or
discriminatory information, related to sexual and reproductive health.
59.
Violations of the obligation to protect occur when a State fails to take effective steps
to prevent third parties from undermining the enjoyment of the right to sexual and
reproductive health. This includes the failure to prohibit and take measures to prevent all
forms of violence and coercion committed by private individuals and entities, including
41
42
14
See Committee on Economic, Social and Cultural Rights general comment No. 14, paras. 63-65.
See Committee on Economic, Social and Cultural Rights general comment No. 16, para. 41.