Women's groups welcome UN Rapporteur's report on the right to health

25 October 2011

Source: AWID / Joint Statement

Women's and human rights groups around the world have welcomed a groundbreaking report from the UN Rapporteur on health, that calls on states to decriminalize abortion and remove all other legal barriers restricting women’s sexual and reproductive health and rights.

A ground-breaking report

On 24 October Anand Grover, the UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health presented before the UN General Assembly, a ground-breaking report.

The report condemns the negative impacts that criminal laws and other legal restrictions relating to sexual and reproductive health have over women's freedom, decision-making process, and autonomy. Furthermore it marks a historic shift away from health-based arguments towards one focused on respecting women’s agency, bodily autonomy and reproductive and sexual rights.

Joint statement welcomes the report

Over thirty human rights, women's rights and health groups issued the following joint statement welcoming the report:

"We, the undersigned human rights, women’s rights and health organizations, welcome the report (A/66/254) of the UN Special Rapporteur on the right to health, Anand Grover, to the UN General Assembly presented on 24 October 2011 as a milestone in the struggle for the full realization of the right to health for all.

The report exposes the many detrimental effects on individuals’ health, equality, bodily integrity, dignity, and decision-making capacity resulting from criminal laws and other misguided legal restrictions that governments frequently impose in violation of sexual and reproductive rights: restrictions on abortion, restrictions on contraception, the criminalization of women’s conduct on the basis that they are pregnant (such as criminal sanctions for drug use or alcohol consumption during pregnancy) and restrictions on access to full, complete, and accurate information on sexual and reproductive health.

The majority of states which spoke during the General Assembly’s interactive dialogue on the report expressed the view that it makes a useful contribution to existing guidance on implementing the right to health. In a joint statement with the World Health Organisation and UNAIDS, UNFPA stated that the report supports states’ efforts to respect, protect and fulfil human rights. Our organisations welcome such responses in support of the report and its importance within the mandate of the Special Rapporteur.

We believe this report is of fundamental importance in securing the right to health, in particular because:

1. The report consolidates years of health and human rights legal analysis by many UN experts, who are mandated by UN Member States to promote the full and equal enjoyment of human rights by all persons. These studies jointly support the conclusion that criminal law is often an inappropriate tool for regulating sexual and reproductive health matters.
   
   
2. The report uses empirical evidence compiled by UN technical agencies to support the conclusion that the misuse of criminal laws and punitive policies in the area of sexual and reproductive health cause disproportionate suffering for women; people engaging in same sex sexual conduct; people identified as lesbian, gay, bisexual and transgender persons; those living with HIV or AIDS; and other groups who already suffer discrimination.
   
   
3. The report contains clear and detailed recommendations for States, including a call to immediately decriminalize abortion, ensure access to a full range of modern contraceptive methods, and facilitate access to full, complete, and accurate information on sexual and reproductive health.
   

Our own research and experience supports the conclusions of this report as well as the validity of its recommendations. We look forward to working with States to further the implementation of these recommendations in the fulfilment of their international human rights obligations."

Further information

An AWID article Sexual and Reproductive Rights: More than Just Health provides further analysis of the UN Rapporteur's report.

A Guardian article UN states told they must legalise abortion provides some useful excerpts from the report.

You can read the full report here.