University of Botswana Law Journal - PULP

68 UNIVERSITY OF BOTSWANA LAW JOURNAL DECEMBER 2010
law, and not an obligation-creating instrument on its own. 117 Nonetheless, the
Maternal Mortality Resolution has a valuable role to play in influencing future
trends regarding the development of the right to maternal health care in
international law, and states (as well as individuals) wishing to advocate for the
right to maternal health care can utilize the landmark Maternal Mortality
Resolution to lend critical support to the cause.
Summary: Existing Accountability and Policy Alternatives
for States (Table 2)
CEDAW a
Instrument
ICPD Programme of
Action c
Existing State
Accountability
States parties are under
legal obligation to provide
or further that others
provide family planning
and pregnancy related
services, and are under an
immediate obligation to
ensure that women have
access to pregnancy related
services, if necessary free
of charge. b
State accountability only to
the extent that the ICPD
Programme of Action is a
reflection of customary
international law.
Policy Alternatives for
States
Ratify the CEDAW and the
Optional Protocol.
Support enforcement of
CEDAW commitments by
the CEDAW Committee.
Hold other states politically
accountable through using:
persuasion, technical
assistance, dialogue, and
emulation.
Hold other states politically
accountable through using:
persuasion, technical
assistance, dialogue, and
emulation.
Develop customary
international law to
recognize the right to
maternal health care
through: practice,
legislation,
pronouncements, and
working with international
organizations.
117 For a discussion of General Assembly Resolutions as authoritative sources of international law, see G. J.
Kerwin, The Role of United Nations General Assembly Resolutions in Determining Principles of
International Law in United States Courts, 4 DUKE L. J. 876 (1983) and M. D. Öberg, The Legal Effects
of Resolutions of the UN Security Council and General Assembly in the Jurisprudence of the ICJ, 16(5)
EUROPEAN J. INT’L L. 879 (2005).