Putting it to Good Use: The International Covenant on Civil and Political Rights and Women’s Right to Reproductive Health



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(hereinafter ICCPR).

22. See eg, International Convention on the Elimination of All Forms of Racial Discrimination, GA Res 2106 (XX), UN GAOR, Supp No. 14, at 47, UN Doc A/6014 (1965), <http://www.unchr.ch/html/hchr.htm>; Convention on the Elimination of All Forms of Discrimination against Women, G.A. Res. 34/180, UN GAOR, 34th Sess., Supp. No. 46, UN Doc. A/34/46 (1979), <http://www.unchr.ch/html/hchr.htm> (hereinafter Women's Convention); Convention on the Rights of a Child, GA Res 44/25, UN GAOR, Supp No 49, at 167, UN Doc A/44/49 (1989), <http://www.unchr.ch/html/hchr.htm>; Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, GA Res 39/46, UN GAOR, Supp No. 51, at 197, UN Doc A/39/51 (1984), < http://www.unchr.ch/html/hchr.htm>

23. Pillai and Wang, supra n 5, pp 4-5.

24. Id. at 4 (emphasis added).

25. See id.

26. See id.

27. See id.

28. Id.

29. MacKinnon, Catharine A (2000) ‘Crimes of War, Crimes of Peace’, UCLA Women’s Law Journal pp 59, 62.

30. UNFPA (2004) ‘Maternal Deaths Still Unacceptably High’ (last visited April 7, 2004) (stating that the estimated figure for 2000 was 529,000 maternal deaths).

31. Women's Convention, supra n 23.

32. Id. (the text of these articles is included in APPENDIX C).

33. The Center for Reproductive Rights and Policy and University of Toronto International Programme on Reproductive and Sexual Health Law (2002). Bringing Rights to Bear: An Analysis of the Work of UN Treaty Monitoring Bodies on Reproductive and Sexual Rights, p 17 (hereinafter UN Treaty Monitoring Bodies).

34. Proclamation of Teheran, Final Act of the International Conference on Human Rights, Teheran, 22 April to 13 May 1968, at 3, UN Doc A/CONF. 32/41 (1968), quoted in, UN Treaty Monitoring Bodies supra, n 34.

35. UN Treaty Monitoring Bodies, supra n 34, at 17.

36. Id. p 13.

37. Programme of Action of the International Conference on Population and Development, Cairo, 5 – 13 September 1994, 7.3 http://www.iisd.ca/cairo.html, quoted in, UN Treaty Monitoring BodiesI, supra note 34, at 13.

38. Report of the International Conference on Population and Development, 7, UN Doc A/CONF.171/13 (1994).

39. Id.

40. United Nations Report of the Fourth World Conference on Women: Beijing, supra n 3, p 94.

41. Sadasivam, Bharati (1997) ‘The Rights Framework in Reproductive Health Advocacy — A Reappraisal’ Hastings Women’s Law Journal 8, pp 313 – 314.

42. Safe Motherhood Report, supra note 1.

43. See Petchesky, Rosalind P and Judd, Karen (eds) (1998) Negotiating Reproductive Rights: Women’s Perspectives Across Countries and Cultures, p 3.

44. See CESCR, supra n 21, at 50, 51. Article 10.2 states: ‘Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits.’ Id. at Art 10.2. Article 12.1 states: ‘The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.’ Id. at Art 12.1. Article 12.2 (a) states: ‘The steps to be taken by the States Parties to the present Covenant to achieve the full realisation of this right shall include those necessary for: (a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child …’ Id. at Art 12.2.

45. ICCPR, supra n 22. Article 9 states: ‘Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.’ Id. at Art 9.1. Article 17 states: ‘No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks.’ Id. at Art 17.

46. See Women's Convention, supra n 23. Articles 10, 11, 12, 14 and 16, which include sections dealing with reproductive health issues, are reprinted in Appendix C.

47. United Nations Division for the Advancement of Women (2004) ‘States Parties to Convention on the Elimination of All Forms of Discrimination Against Women’, 24 May 2004, United Nations, I.

48. UN Treaty Monitoring Bodies, supra n 34, at 18.

49 . See Convention on the Rights of a Child, supra n 23, Art 24(2)(d) (‘States parties shall…take appropriate measures …[t]o ensure appropriate pre-natal and post-natal health care for mothers….’).

50. See id.

51. Office of the United Nations High Commissioner for Human Rights (2004) ‘Status of Ratifications of the Principal International Human Rights Treaties’ <http://www.unhchr.ch/pdf/report.pdf>.

52. United Nations Division for the Advancement of Women (2004) ‘Convention on the Elimination of All Forms of Discrimination Against Women: Reservations’, United Nations, <http://www.un.org/womenwatch/daw/cedaw/reservations.htm> (last visited Mar. 1 2004). Many of these 24 countries have also made general reservations to Article 2 of the Women's Convention, which is the core non-discrimination article in the convention. Reservations made to Article 2 undermine all the rights articulated within the Women's Convention. The text of Article 2 is reprinted in Appendix C.

The Women's Convention permits ratification subject to reservations, provided that the reservations are not ‘incompatible with the object and purpose of the Convention.’ See United Nations Division for the Advancement of Women, Convention on the Elimination of All Forms of Discrimination Against Women: Text of Convention, United Nations
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