Health: a social and economic rightThe International Covenant on Civil andPolitical Rights, ICCPR and the InternationalCovenant on Economic, Social and CulturalRights, ICESCR, were developed during the1960s to ensure the principles referenced in theUniversal Declaration <strong>of</strong> Human Rights wouldbe implemented. Human rights activists haveensured that the ICCPR has played a key partin protecting people against government abuses<strong>of</strong> political power while today the ICESCR isinstrumental in activist efforts to persuade governmentsto place the right to a house or a mealon an equal footing with the right to vote (TheEconomist, 2001). Activists in and committedto some <strong>of</strong> the world’s poorest countries havedemanded that economic and social goods betreated as entitlements in places where access t<strong>of</strong>ood and shelter is so lacking as to make evencivil and political rights seem like luxuries.Since 1998, the <strong>World</strong> Health Organizationhas been asking the international community t<strong>of</strong>ormally respect and uphold health as a humanright. The challenge has been to define whatthese social and economic rights—including theright to health—mean in specific and concreteterms that facilitate advocacy and implementation.In 2000, the United Nations Committeeon Economic, Social and Cultural Rightsdefined governments’ “core obligations” toinclude providing equal access to health services,sufficient food, potable water, sanitation andessential drugs.Accountability for rightsNo right exists without obligation, and no obligationis meaningful without accountability.United Nations treaty-monitoring bodies arecharged with tracking government compliancewith major human rights treaties and now routinelyrecommend that governments take actionto protect sexual and reproductive health andreproductive rights (Center for ReproductiveRights, 2009). Under the auspices <strong>of</strong> theHuman Rights Council <strong>of</strong> the United Nations,the Universal Periodic Review involves a <strong>State</strong>drivenreview <strong>of</strong> the human rights records <strong>of</strong> allUnited Nations Member <strong>State</strong>s once every fouryears. Each <strong>State</strong> is given the opportunity todeclare the actions they have taken to improvethe human rights situations in their countriesand to fulfil their human rights obligations.The Committee on the Elimination <strong>of</strong>Discrimination Against Women reviews evidenceon the protection <strong>of</strong> human rightsaround the world and issues recommendations.In 2011, for example, the Committee issuedstrong recommendations to the Governments<strong>of</strong> Nepal, Zambia and Costa Rica to ensurethe sexual and reproductive rights <strong>of</strong> theircitizens (Center for Reproductive Rights,2011a). The independent Expert ReviewGroup was created in 2011 by the UnitedNations Secretary-General to track the GlobalStrategy for Women’s and Children’s Healthand the Commission on Information andAccountability (<strong>World</strong> Health Organization,2010a). With a special focus on ensuring thecommitment <strong>of</strong> resources to fulfil MillenniumDevelopment Goals 4 (to reduce child deathrates) and 5 (to reduce maternal death rates),the independent Expert Review Group willlast four years, delivering its first report tothe United Nations General Assembly inSeptember <strong>2012</strong>.National human rights institutions and courts<strong>of</strong> justice are directly responsible for ensuringthe realization <strong>of</strong> reproductive rights. The KenyaNational Commission on Human Rights, forexample, recently conducted an inquiry into arange <strong>of</strong> reproductive rights abuses in that country(Kenya National Commission on Human6 CHAPTER 1: THE RIGHT TO FAMILY PLANNING
Rights, <strong>2012</strong>). The charges had been broughtin late 2009 by the Federation <strong>of</strong> WomenLawyers–Kenya and the Center for ReproductiveRights, alleging violations <strong>of</strong> reproductive rightsin Kenyan health facilities. The Commission’sassessment found that people’s rights had beenabused, largely as a consequence <strong>of</strong> the poorservice quality and called on the Governmentto make the needed improvements.The Colombian Constitutional Court haspassed important judgments ensuring accessto sexual and reproductive health services(Corte Constitucional de Colombia, <strong>2012</strong>;Reprohealthlaw, <strong>2012</strong>). In 2010, for example,it affirmed the legality <strong>of</strong> and ensured access toemergency contraception.In 2003 <strong>UNFPA</strong> conducted a global survey<strong>of</strong> national experiences 10 years after theICPD (<strong>UNFPA</strong>, 2005a). Of the 151 countriessurveyed, 145 provided responses on theenforcement <strong>of</strong> reproductive rights. Of thosethat responded, 131 reported adopting newpolicies, national plans, programmes, strategiesor legislation on reproductive rights.Family planning and human rights:a frameworkAt the ICPD in 1994, the international communitytranslated its recognition <strong>of</strong> peoples’right to family planning into a commitment toa human rights-based approach to health, whichfocuses on building the capacity <strong>of</strong> <strong>State</strong>s andindividuals to realize rights. Thus people notonly have rights, but <strong>State</strong>s have the obligationto respect, protect and fulfil these rights (Centerfor Reproductive Rights and United Nations<strong>Population</strong> Fund, 2010).In their work to support human rights,United Nations agencies are guided by theUnited Nations Common Understandingon the Human Rights Based Approach toDevelopment Cooperation (2003): in the pursuit<strong>of</strong> the realization <strong>of</strong> human rights as laiddown in the Universal Declaration <strong>of</strong> HumanRights and other international human rightsagreements, “human rights standards andprinciples must guide all development cooperationand programming in all sectors andphases <strong>of</strong> the programming process” (<strong>World</strong>Health Organization and Office <strong>of</strong> the HighCommissioner for Human Rights, 2010). Ahuman rights-based approach is operationallydirected towards developing the capacities<strong>of</strong> rights holders to claim their rights andthe capacities <strong>of</strong> duty-bearers to meet theirtGrace Matthews,a mother-<strong>of</strong>-two,walked and cycledfor three hours to getcontraceptives. Shedecided to have aninjection to delay hernext pregnancy.©Lindsay Mgbor/UK Department forInternational DevelopmentTHE STATE OF WORLD POPULATION <strong>2012</strong>7
- Page 6 and 7: OverviewOne hundred seventy-nine go
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63 per cent to 93 per cent of young
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Family planning in humanitariansett
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Studies suggest that HIV may have a
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State-run family planning programme
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people in mobile, temporary, and re
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CHAPTERFOURThe social and economici
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tCommunityeducation inCaracas, Vene
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Estimates of Total Fertility2010-20
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children, and healthier women also
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empirical evidence supporting this
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to secure the future population’s
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86 CHAPTER 5: THE COSTS AND SAVINGS
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Unintended Pregnancies and outcomes
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UNFPA supports the Health for All c
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tDr. BabatundeOsotimehin, Executive
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96 CHAPTER 6: MAKING THE RIGHT TO F
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When individuals are able to exerci
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Family planning programmes must ref
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Family planning programmes reinforc
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Monitoring Monitoring ICPD ICPD Goa
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Monitoring Monitoring ICPD ICPD Goa
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Monitoring Monitoring ICPD ICPD Goa
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Monitoring ICPD Goals Demographic -
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Monitoring ICPD Goals - Selected In
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BibliographyAbbasi-Shavazi, Mohamma
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Delivering a world where every preg