clinics that provide those services on the ground that women do not have the authorization of
husbands, partners, parents or health authorities, because they are unmarried* or because they are
women. Other barriers to women’s access to appropriate health care include laws that
criminalize medical procedures only needed by women punish women who undergo those
procedures.
15. The obligation to protect rights relating to women’s health requires States parties, their
agents and officials to take action to prevent and impose sanctions for violations of rights by
private persons and organizations. Since gender-based violence is a critical health issue for
women, States parties should ensure:
(a) The enactment and effective enforcement of laws and the formulation of policies,
including health-care protocols and hospital procedures to address violence against women and
sexual abuse of girl children and the provision of appropriate health services;
(b) Gender-sensitive training to enable health-care workers to detect and manage the
health consequences of gender-based violence;
(c) Fair and protective procedures for hearing complaints and imposing appropriate
sanctions on health-care professionals guilty of sexual abuse of women patients;
(d) The enactment and effective enforcement of laws that prohibit female genital
mutilation and marriage of girl children.
16. States parties should ensure that adequate protection and health services, including trauma
treatment and counselling, are provided for women in especially 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 ill-health,
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
*
See Official Records of the General Assembly, Forty-ninth Session, Supplement No. 38 (A/49/38), chap. I, sect.
A, general recommendation 21, para. 29.