difficult circumstances, such as those trapped in situations of armed conflict and
women refugees.
17.
The duty to fulfil rights places an obligation on States parties to take
appropriate legislative, judicial, administrative, budgetary, economic and other
measures to the maximum extent of their available resources to ensure that women
realize their rights to health care. Studies such as those that emphasize the high
maternal mortality and morbidity rates worldwide and the large numbers of couples
who would like to limit their family size but lack access to or do not use any form of
contraception provide an important indication for States parties of possible breaches
of their duties to ensure women’s access to health care. The Committee asks States
parties to report on what they have done to address the magnitude of women’s illhealth, in particular when it arises from preventable conditions, such as tuberculosis
and HIV/AIDS. The Committee is concerned about the evidence that States are
relinquishing these obligations as they transfer State health functions to private
agencies. States and parties cannot absolve themselves of responsibility in these areas
by delegating or transferring these powers to private sector agencies. States parties
should therefore report on what they have done to organize governmental processes
and all structures through which public power is exercised to promote and protect
women’s health. They should include information on positive measures taken to curb
violations of women’s rights by third parties and to protect their health and the
measures they have taken to ensure the provision of such services.
18.
The issues of HIV/AIDS and other sexually transmitted diseases are central to
the rights of women and adolescent girls to sexual health. Adolescent girls and
women in many countries lack adequate access to information and services necessary
to ensure sexual health. As a consequence of unequal power relations based on
gender, women and adolescent girls are often unable to refuse sex or insist on safe and
responsible sex practices. Harmful traditional practices, such as female genital
mutilation, polygamy, as well as marital rape, may also expose girls and women to the
risk of contracting HIV/AIDS and other sexually transmitted diseases. Women in
prostitution are also particularly vulnerable to these diseases. States parties should
ensure, without prejudice or discrimination, the right to sexual health information,
education and services for all women and girls, including those who have been
trafficked, even if they are not legally resident in the country. In particular, States
parties should ensure the rights of female and male adolescents to sexual and
reproductive health education by properly trained personnel in specially designed
programmes that respect their right to privacy and confidentiality.
19.
In their reports, States parties should identify the test by which they assess
whether women have access to health care on a basis of equality of men and women
in order to demonstrate compliance with article 12. In applying these tests, States
parties should bear in mind the provisions of article 1 of the Convention. Reports
should therefore include comments on the impact that health policies, procedures,
laws and protocols have on women when compared with men.