10. States parties are encouraged to include in their reports information on diseases, health
conditions and conditions hazardous to health that affect women or certain groups of women
differently from men, as well as information on possible intervention in this regard.
11. Measures to eliminate discrimination against women are considered to be inappropriate if a
health-care system lacks services to prevent, detect and treat illnesses specific to women. It is
discriminatory for a State party to refuse to provide legally for the performance of certain
reproductive health services for women. For instance, if health service providers refuse to
perform such services based on conscientious objection, measures should be introduced to ensure
that women are referred to alternative health providers.
12. States parties should report on their understanding of how policies and measures on health
care address the health rights of women from the perspective of women’s needs and interests and
how it addresses distinctive features and factors that differ for women in comparison to men,
such as:
(a) Biological factors that differ for women in comparison with men, such as their
menstrual cycle, their reproductive function and menopause. Another example is the higher risk
of exposure to sexually transmitted diseases that women face;
(b) Socio-economic factors that vary for women in general and some groups of women
in particular. For example, unequal power relationships between women and men in the home
and workplace may negatively affect women’s nutrition and health. They may also be exposed
to different forms of violence which can affect their health. Girl children and adolescent girls are
often vulnerable to sexual abuse by older men and family members, placing them at risk of
physical and psychological harm and unwanted and early pregnancy. Some cultural or
traditional practices such as female genital mutilation also carry a high risk of death and
disability;
(c) Psychosocial factors that vary between women and men include depression in
general and post-partum depression in particular as well as other psychological conditions, such
as those that lead to eating disorders such as anorexia and bulimia;
(d) While lack of respect for the confidentiality of patients will affect both men and
women, it may deter women from seeking advice and treatment and thereby adversely affect
their health and well-being. Women will be less willing, for that 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