Advancing Rights Transforming Lives UNFPA 2023

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ADVANCING

RIGHTS,
TRANSFORMING
LIVES
UNFPA strategic
engagement with the
United Nations human
rights system to advance
sexual and reproductive
health and rights
ACKNOWLEDGEMENTS

This joint report of the United Nations Population the support of Arthur Erken, Director of the
Fund (UNFPA) and the Universal Rights Group Programme Strategy Division, and Monica Ferro,
benefited from the contributions of Marc Limon, Chief of the UNFPA Representation Office in
Charlotte Marres, Louis Mason, Vany Cortes, Geneva.
Abigail Weiss, Anastasia Law, Joseph Burke and
Lola Sanchez of the Universal Rights Group; Emilie This publication would not have been possible
Filmer-Wilson and Violeta Canaves of the Technical without the invaluable contributions of UNFPA
Division, UNFPA; and Alfonso Barragues of the Country Offices in Costa Rica, Côte d’Ivoire, Jordan,
UNFPA Representation Office in Geneva. Kazakhstan and the Maldives as well as the UNFPA
East and Southern Africa Regional Office.
It was developed under the guidance of Dr. Julitta
Onabanjo, Director of the Technical Division,
UNFPA headquarters, and Dr. Nafissatou Diop,
Chief of the Gender and Human Rights Branch
in the Technical Division. It also benefited from

© Luca Zordan for UNFPA / Burkina Faso

SUGGESTED CITATION:
UNFPA and the Universal Rights Group (2023). Advancing Rights, Transforming Lives: UNFPA strategic engagement with the United
Nations human rights system to advance sexual and reproductive health and rights. United Nations Population Fund: New York.

Advancing Rights, Transforming Lives i


CONTENTS

Acknowledgements i
Acronyms and abbreviations iii
Executive summary iv

Introduction 1

Chapter 1: The global human rights implementation agenda 3


Four actions that increase impact 4
The review–implementation–reporting cycle 6

Chapter 2: Women’s rights, gender equality and SRHR recommendations: numbers and patterns 7
Characteristics of recommendations 8
Universal Periodic Review recommendations 8
Special Procedures recommendations 11
Treaty Body recommendations 12

Chapter 3: Country experiences: Implementation of SRHR recommendations


and the normative/operational role of UNFPA 15
Costa Rica: The incidence of obstetric violence  17
Côte d’Ivoire: Preventing and combating female genital mutilation 23
Jordan: National policy framework for responding to gender-based violence 29
Kazakhstan: Youth-friendly sexual and reproductive health services 36
Maldives: Comprehensive sexuality education and access to SRHR information for youth 42

Chapter 4: UNFPA global normative support ecosystem  47

Chapter 5: Conclusions and observations 50

Annex: Methodology for country case studies 55

Advancing Rights, Transforming Lives ii


ACRONYMS AND ABBREVIATIONS

ASRH Adolescent sexual and reproductive health


CAT Convention against Torture
CCA Common Country Assessment
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
CERD Convention on the Elimination of Racial Discrimination
CRC Convention on the Rights of the Chlild
CRPD Convention on the Rights of Persons with Disabilities
CSE Comprehensive sexuality education
FGM Female genital mutilation
GBV Gender-based violence
HRC United Nations Human Rights Council
ICCPR International Covenant on Civil and Political Rights
IAGG United Nations Inter-Agency Gender Group
ICESCR International Covenant on Economic, Social and Cultural Rights
ICPD International Conference on Population and Development
LOIPR List of Issues Prior to Reporting
MENA Middle East and North Africa
NGO Non-governmental organization
NHRI National human rights institution
NMIRF National mechanism for implementation, reporting and follow-up
OHCHR Office of the High Commissioner for Human Rights
SAARC South Asian Association for Regional Cooperation
SRHR Sexual and reproductive health and rights
UNCT United Nations Country Team
UNDAF United Nations Development Assistance Framework
UNDP United Nations Development Programme
UNESCO United Nations Educational, Scientific and Cultural Organization
UNFPA United Nations Population Fund
UNICEF United Nations Children’s Fund
UNSDCF United Nations Sustainable Development Cooperation Framework
UPR Universal Periodic Review
WHO World Health Organization

Advancing Rights, Transforming Lives iii


EXECUTIVE SUMMARY

The international human rights system is the result by these mechanisms to understand the degree to
of a tremendous investment of time, political capital which they have focused on issues related to SRHR.
and other resources by the international community
over many decades since the founding of the United In five country case studies, the report assesses the
Nations in 1945. Successes include the adoption of degree to which recipient States have been able
the Universal Declaration of Human Rights and nine to take deliberate and relevant steps to implement
core human rights treaties, and the establishment SRHR recommendations, with UNFPA and United
of various United Nations human rights monitoring Nations Country Team support. It also assesses
mechanisms. Significant challenges remain, however, the degree to which UNFPA and the United
in terms of effective domestication by countries Nations Country Teams have been able to feed
of these international agreements and in their information and policy advice into State review–
implementation on the ground. implementation–reporting cycles to influence and
inform subsequent recommendations.
Recent reforms of the international human rights
system, including establishment of the United Strategic engagement with human rights
Nations Human Rights Council in 2006, have mechanisms has made an impact. It has:
been driven in part by concerns over the gap
between universal values and local realities z Deepened the legal and medical recognition of
and a determination to bridge it. The United mistreatment or discrimination during childbirth
Nations system has gradually integrated a human (obstetric violence) from a human rights
rights-based approach to development into its perspective in Costa Rica.
programmes and operations. A key pillar of that
approach is to leverage State engagement with the z Shifted societal perceptions about harmful
United Nations human rights mechanisms – the social norms and strengthened culturally-
Universal Periodic Review, Special Procedures and sensitive approaches by the State to
Treaty Bodies – to inform the recommendations eliminate female genital mutilation (FGM)
generated by those mechanisms and work with in Côte d’Ivoire.
States to support their implementation.
z Strengthened action by the government and
This report tracks the domestic implementation supported more specific recommendations from
of recommendations related to sexual and human rights mechanisms on gender-based
reproductive health and rights (SRHR). It seeks to violence (GBV) in Jordan.
develop an understanding of the degree to which
United Nations entities in general, and UNFPA z Deepened and guided State action to support
in particular, have been able to leverage State adolescent sexual and reproductive health
engagement with the human rights mechanisms (ASRH) through youth-friendly sexual and
to drive real and measurable progress towards reproductive health services in Kazakhstan.
enjoyment of human rights on the ground.
z Supported practical action on comprehensive
The report provides an overview of the origins sexuality education (CSE) inside and outside
and content of the “global human rights of the school system and tracked State action
implementation agenda”. It also looks at the to implement its obligations related to CSE
degree to which women’s rights, gender equality in the Maldives.
and SRHR have been taken up by the three main
United Nations human rights mechanisms. It does A sixth global case study details how UNFPA as
so by analysing the recommendations generated an organization has sought to better support and
thereby empower its country offices to leverage

Advancing Rights, Transforming Lives iv


State engagement with the United Nations human rights concerns, especially when they
human rights mechanisms to deliver tangible and relate to sensitive societal issues such as SRHR.
measurable improvements in the enjoyment of
SRHR. The section describes the UNFPA “global 5. Drawing attention to the human rights
support ecosystem” – gender and human rights implications of harmful practices offers
advisers in regional offices, a headquarters-based a powerful communications strategy, shifting
global human rights adviser, and the UNFPA an issue from the abstract to the human. At
Representation Office in Geneva – and considers the same time, it is important to remember
how each provides distinct yet complementary that real human rights change does not happen
support to UNFPA Country Offices. overnight. It takes time and is usually based on
incremental steps towards a final objective.
The report draws conclusions and observations
from the case studies and the quantitative analysis: 6. This report also demonstrates the importance
of engaging with the three main United Nations
1. The United Nations human rights system works human rights mechanisms: the Universal
because it is premised on the full involvement Periodic Review, Special Procedures and Treaty
and engagement of States, which are the Bodies. It also demonstrates the importance
primary human rights duty-bearers. of engaging with each stage of the review–
implementation–reporting cycle, on a perpetual
2. Close cooperation between UNFPA and basis. Each of the mechanisms has different
governments is critically important. Such strengths and weaknesses, and all must be
cooperation may be bilateral or as part of leveraged in order to move SRHR forward in
United Nations Country Teams (UNCT). It must a human rights context.
also be understood that governments are not
unitary entities, but function through different 7. There is value in generating more and better
“moving parts” with different interests and SRHR recommendations from the mechanisms
priorities, making the relationship of the United to States. The quantitative analyses and case
Nations with relevant line ministries especially studies presented in this report show positive
valuable. There are also significant benefits to trends in this regard. However, more needs to
be seen where UNFPA Country Offices work be done. More of the reviewing States in the
with bilateral donors present in the country to UPR Working Group and from all regions should
raise the profile of SRHR issues. extend SRHR recommendations to States under
review, for example. Another observation is
3. The United Nations human rights system can that the engagement of the United Nations
have a significant impact on socially or culturally- and national civil society with a State’s periodic
sensitive topics in a given national context. reporting processes for Treaty Bodies or UPR
Because the work of the United Nations human can help to sharpen recommendations by
rights mechanisms is based on cooperation tailoring them to the evolving national context.
with States themselves, the mechanisms’
recommendations can have a powerful influence 8. The review–implementation–reporting cycle is
on national policies and practices. ongoing and permanent. Efforts of government
ministries and/or civil society, supported by
4. Implementation should be seen and pursued as UNFPA and the United Nations Country Team,
a democratic rather than a bureaucratic process, do not stop with adoption of a new law, but
involving parliamentarians, judges, national must continue so as to ensure that the law
human rights institutions (NHRIs) and civil is implemented, and to ensure that progress
society. There is value in pursuing both top- is not reversed.
down and bottom-up approaches to addressing

Advancing Rights, Transforming Lives v


9. Data collection, both at the outset to assess This analysis underscores the important role that
the scale and nature of a given human rights United Nations human rights mechanisms play
challenge and feed that information into the in advancing the 1994 International Conference
mechanisms, and later to inform relevant on Population and Development (ICPD) and its
United Nations strategies and plans, is a critical Programme of Action. UNFPA has an important
component of the perpetual assessment of normative role in influencing these mechanisms
effectiveness of the United Nations human and in working to operationalize human rights
rights mechanisms relative to SRHR. This norms at the country level. Yet more can be
report represents an important contribution done. The human rights mechanisms can pay
to document and advance the integration of more attention to SRHR issues as part of their
SRHR-related human rights recommendations in monitoring mandates; and UNFPA can influence
country programmes, by identifying and building this engagement through more systematic and
on existing good practices, while also helping to comprehensive engagement with the United
address areas of potential empirical neglect. Nations human rights mechanisms. This in
turn will ensure more credible, practical and
The five country case studies demonstrate that transformative recommendations by the United
the United Nations human rights mechanisms, Nations human rights system in efforts to support
complemented by the wider United Nations system Member States advance their international human
including UNFPA, have a measurable impact on rights commitments.
the domestic enjoyment of human rights. The case
studies provide anecdotal and empirical evidence
of real-world change in support of SRHR.

© Luca Zordan for UNFPA

Advancing Rights, Transforming Lives vi


INTRODUCTION

UNFPA, the United Nations Population Fund, and The project asks key questions: Is it possible that
the Universal Rights Group jointly conducted an the steady, ongoing work of the United Nations
analysis to assess and understand the impact human rights mechanisms is succeeding in driving
of the international human rights system on the incremental progress in the enjoyment of SRHR at
enjoyment of sexual and reproductive health the national level? Is cooperation between States
and rights (SRHR). This is part of a growing at the national level succeeding in supporting the
movement at the United Nations to bridge the implementation of recommendations generated
international and the national. The aim is to by those mechanisms? Is cooperation between
measure and understand the degree to which States and relevant United Nations agencies and
States’ international human rights obligations and programmes also succeeding in this regard? Is the
commitments are being translated into improved increasingly strident rhetoric employed in United
laws, policies and practices at the national level, Nations-level debates about SRHR, and the related
and from there into tangible improvements in the perception that recent advances in SRHR are being
enjoyment of human rights. rolled back, reflective of the reality on the ground?

© Luca Zordan for UNFPA

Advancing Rights, Transforming Lives 1


This report presents the results of the joint analysis generated by these mechanisms to understand
with a combination of quantitative analysis and the degree to which they have focused on issues
qualitative analysis. The quantitative analysis related to SRHR.
looks at the degree to which the United Nations
human rights mechanisms are focusing on the The third chapter presents five country case
situation of SRHR in the countries they monitor, studies and one global case study. The aim is to
and the degree to which they are extending track important clusters of SRHR recommendations
recommendations to those States to improve down to the national level, in order to understand
the situation of SRHR. The qualitative analysis the degree to which recipient States have been
looks at the extent to which UNFPA has been able to take deliberate and relevant steps to
able to leverage State engagement with those implement them, often with support from UNFPA
mechanisms to inform those recommendations and the United Nations Country Team (UNCT).
and cooperate with different national stakeholders The chapter focuses on the impact of efforts to
to encourage and support their implementation. implement human rights recommendations on the
enjoyment of SRHR in the countries concerned, and
The first chapter provides a comprehensive the degree to which UNFPA and United Nations
overview of the origins and content of the global Country Teams have influenced the process.
human rights implementation agenda, including
the different stages of the review–implementation– The report concludes with observations from the
reporting cycle. case studies that can be used to better leverage
engagement with the United Nations human rights
The second chapter looks at the main United mechanisms to drive progress, in consultation and
Nations human rights mechanisms: the Universal cooperation with the States concerned, towards
Periodic Review, Special Procedures and Treaty the enjoyment of SRHR by all.
Bodies. It analyses the recommendations

© Sofia Nitti for UNFPA / Iraq

Advancing Rights, Transforming Lives 2


CHAPTER 1

THE GLOBAL
HUMAN RIGHTS
IMPLEMENTATION
AGENDA

In the seven decades since the inception of the United Nations, the international
community has made a tremendous investment in the creation and strengthening of the
international human rights system. The results of these efforts include the elaboration
of the Universal Declaration of Human Rights and nine core human rights instruments
(international treaties), and establishment of various United Nations human rights
mechanisms: the Universal Periodic Review (UPR), Special Procedures and Treaty
Bodies. These United Nations human rights mechanisms are mandated to monitor
State compliance with their international human rights obligations and commitments,
and provide expert advice through recommendations on domestic legislative and policy
reforms that could enhance future compliance.

Advancing Rights, Transforming Lives 3


ACTIONS THAT INCREASE IMPACT

Significant challenges remain in terms of effective the degree to which it may fall short in practice.
domestication of States’ obligations under the This will also help to assess the degree to which
international human rights treaties, including the Human Rights Council, the human rights
through the implementation of recommendations mechanisms and the wider United Nations system
extended to States. These challenges can be have been able to narrow the implementation gap.
described in terms of an “implementation gap”
between universal values and local realities. In short, four conditions must be fulfilled if the
universal system is to have a real impact on the
To understand this gap, it is helpful to understand lives, rights and dignity of rights-holders around
how the international human rights system is the world (box 1).
meant to work in principle in order to evaluate

BOX 1
FOUR CONDITIONS THAT MUST BE FULFILLED FOR HUMAN RIGHTS
TO HAVE REAL-LIFE IMPACT

Norm setting: States must elaborate and find common agreement on


the substantive and procedural aspects of “universal human rights norms”
through the drafting and adoption of the international human rights treaties.

Accession: States must voluntarily sign and ratify or accede to those


treaties, thus binding themselves to, and accepting obligations under,
international human rights law.

Domestic alignment and implementation: States must comply with their


duty to protect, promote and fulfil the obligations they have undertaken by
ratifying or acceding to a human rights treaty, by bringing laws, policies and
practices into line with the universal norms set out in the treaty. To help with
this process of “domestication”, the United Nations has established a number
of human rights mechanisms to review State compliance and provide expert
advice. States are expected to cooperate with these mechanisms, including
by implementing their recommendations.

Track progress and impact: States should track progress with the process of
domestication and measure the impact of implementation on the enjoyment
of human rights. This allows States to report back to the United Nations
mechanisms with objective data on achievements and challenges.

Advancing Rights, Transforming Lives 4


Remarkable progress has been made in fulfilling Nations agencies and programmes, civil society
the first two conditions: norm setting and organizations and academics. Many States have
accession. Over the past 75 years, States have taken steps to institute more efficient and effective
negotiated and adopted the Universal Declaration, implementation mechanisms or processes at the
nine core treaties and a plethora of resolutions, national level.
principles and guidelines. Likewise, the number of
States that have signed and ratified or acceded to There have been significant advances in efforts to
the human rights treaties has grown exponentially. track and measure the process of “domestication”
All United Nations Member States have ratified at of international human rights obligations and
least one core international human rights treaty, commitments, including analysis of the output of
and 80 per cent have ratified four or more.1 the mechanisms (the focus of recommendations).
In 2014 and 2019, UNFPA published reports
The nine core human rights treaties include a treaty assessing the extent to which the first and second
on civil and political rights; a treaty on economic, cycles of the UPR process respectively had focused
social and cultural rights; treaties to combat on SRHR concerns, and the degree to which
racial and gender-based discrimination; treaties SRHR-related UPR recommendations had been
prohibiting torture and forced disappearances; and implemented on the ground.3
treaties protecting the rights of children, migrant
workers and persons with disabilities. The present report seeks to build on these earlier
studies and employs a similar methodology to the
Progress on the third and fourth conditions – project of UNICEF and the Universal Rights Group.
domestic alignment and implementation, and
tracking progress and impact – is more difficult
to assess and is most likely considerably less
pronounced. In part, this reflects the lack of
prioritization given by States to the Human
Rights Council’s mandate to “promote the full
implementation of human rights obligations
undertaken by States.”2 It also reflects a general
lack of focus over many years on understanding
and sharing good practices on the “mechanics of
domestication” – that is, how do States translate
United Nations human rights recommendations
into better laws, policies and practices. There has
also been limited tracking of recommendations to
the national level to assess the degree to which
they are being implemented and measure the
impact of implementation on the enjoyment of
human rights.

This situation has started to shift significantly over


recent years, thanks to the efforts of States, United © UNFPA

1 United Nations Office of the High Commissioner for Human Rights, ‘Human Rights Bodies’. Available at:
www.ohchr.org/en/hrbodies/Pages/HumanRightsBodies.aspx. Accessed 25 June 2020.
2 United Nations General Assembly, Resolution 60/251, paragraph 5d.
3 UNFPA (2014) Lessons From the First Cycle of the Universal Periodic Review. Available at: www.unfpa.org/sites/default/files/pub-pdf/Final_UNFPA-
UPR-ASSESSMENT_270814..pdf. UNFPA (2019) Lessons from the Second Cycle of the Universal Periodic Review. Available at:
www.unfpa.org/sites/default/files/pub-pdf/UNFPA_PUB_2019_EN_Lessons_from_the_second_cycle_of_the_universal_periodic_review.pdf.

Advancing Rights, Transforming Lives 5


THE REVIEW–IMPLEMENTATION–REPORTING CYCLE

UNFPA and other national and international This cycle governs State engagement with the
stakeholders are looking more strategically at the United Nations human rights mechanisms. It
roles and entry points that they can utilize in order includes four phases (box 2 and figure 1).
to influence the human rights mechanisms. Such
strategic efforts could support States to secure
improvements in the enjoyment of human rights.
A global implementation agenda has emerged over
recent years and, through this effort, stakeholders
have enhanced their understanding of the review–
implementation–reporting cycle.

BOX 2
FOUR PHASES OF THE REVIEW–IMPLEMENTATION–
REPORTING CYCLE

Periodic reporting: State and non-state actors, including civil society,


national human rights institution (NHRIs) and United Nations entities,
provide periodic reporting to the main United Nations human rights
mechanisms that detail the current human rights situation in the
country concerned, as well as updates on the implementation of
previous United Nations recommendations where appropriate.

Review: The relevant mechanism reviews the State and non-state


periodic reports and engages in dialogue with representatives of the
State. At the conclusion of such a review, the mechanism will issue
recommendations to the reporting State for improved compliance with
its international human rights obligations and commitments.

Implementation: The State is expected to implement the


recommendations received.

Tracking progress and measuring: The State’s periodic reports track


progress and feed information back into the cycle. This includes
information on the implementation of earlier recommendations, and -
ideally - indicators to measure the impact of implementation measures
(e.g. new policies, laws and practices) on human rights.

Source: UNICEF and the Universal Rights Group (2020). Realizing Rights, Changing
Lives: The impact of the United Nations human rights system on the enjoyment of
children’s rights. United Nations Children’s Fund: New York.

Advancing Rights, Transforming Lives 6


CHAPTER 2

WOMEN’S RIGHTS,
GENDER EQUALITY
AND SRHR
RECOMMENDATIONS
NUMBERS AND PATTERNS

United Nations Member States are engaged in a continuous and interlinked process
of review by the three main human rights mechanisms. Each of the three mechanisms
uses a different methodology and plays a distinct but complementary role in the
United Nations human rights system, but their ultimate purpose is the same: to
review a State’s progress in the implementation of their human rights obligations and
commitments, and provide recommendations to the State as an outcome of review.
Implementation of those recommendations should lead to improved compliance in the
future. This chapter provides a brief analysis of the recommendations produced by the
three main United Nations human rights mechanisms relating to women’s rights, gender
equality and SRHR.

Advancing Rights, Transforming Lives 7


CHARACTERISTICS OF RECOMMENDATIONS

Recommendations to States are the main under review on human rights challenges identified
“currency” of all three mechanisms. However, by the mechanisms. Because of their direct
the recommendations enjoy a distinct character. engagement, States feel a sense of ownership of
Recommendations issued by the Treaty Bodies the process and the resulting recommendations.
represent an authoritative interpretation of As a result, recommendations carry significant
human rights standards and obligations by expert political as well as technical weight.
members of the mechanism, as well as legal, policy
and practical guidance on implementing those UNFPA engagement with the review-
standards and obligations. Special Procedures implementation-reporting cycle can be a critical
recommendations are based on information lever to deliver on its mandate and advance the
gathered during visits by mandate-holders to 1994 International Conference on Population
countries, and are often more politically nuanced and Development (ICPD) and its Programme
and realistic. UPR recommendations have of Action. UNFPA provides the United Nations
significant political weight because they are mechanisms with objective information on the
delivered from one United Nations Member State situation of women’s rights, gender equality and
to another, and recommendations can be formally SRHR in a State under review. This insight, which
accepted by the State under review.4 is based on the presence of UNFPA in that country
and its deep knowledge of the situation, can help
The recommendations issued by the three main ensure that SRHR priorities for the country are
human rights mechanisms are complementary and put on the agenda of the United Nations human
mutually reinforcing.5 rights system, and that the mechanisms receive
the necessary information to form relevant and
The engagement of States with human rights effective recommendations. In a subsequent phase,
mechanisms provides an important “window of once recommendations are issued, UNFPA can
opportunity” for UNFPA and other United Nations support the government and other stakeholders
entities to strengthen cooperation with the State with their implementation.

UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS


For the purposes of this report, we analysed the gender equality and SRHR. These large clusters
outcomes of the UPR reviews of all 193 United were further disaggregated into specific sub-themes
Nations Member States for the first cycle (2008 to based on over 100 individual tags.
2011) and second cycle (2012 to 2016). Outcome
reports were also included for 153 States6 that had The analysis shows that issues related to
completed their third cycle (2017 to 2022) reviews women’s rights, gender equality and SRHR are
before the cut-off date for this report, which was the among the most important concerns raised
37th session of the UPR Working Group in January by reviewing States in the UPR. These broad
2021. The recommendations were analysed based themes were the subject of a very high number of
on three large thematic clusters: women’s rights, recommendations to States under review.

4 UNICEF and the Universal Rights Group (2020). Realizing Rights, Changing Lives: The impact of the United Nations human rights system on the
enjoyment of children’s rights. United Nations Children’s Fund: New York.
5 Limon, M and Montoya M (2019). Clustering and the Integrated Implementation of Recommendations.
Available at: www.universal-rights.org/urg-policy-reports/clustering-and-the-integrated-implementation-of-recommendations-the-key-to-
unlocking-the-complementary-power-of-the-uns-compliance-mechanisms/.
6 Myanmar underwent its 3rd cycle review in January 2021 (37th Session of the Working Group). However, the outcome report was (at the cut-off
date) still to be adopted by the Council, so it is not included.

Advancing Rights, Transforming Lives 8


Findings 7.5 per cent); and domestic violence/abuse (1,231
recommendations, 5.7 per cent).
Over the course of the first 37 sessions of
the UPR, reviewing States provided 21,522 The following themes stand out as being the
recommendations on women’s rights, gender subject of most recommendations relative to
equality and SRHR. This is 23.67 per cent of all UPR the SRHR cluster: criminal laws related to same-
recommendations over the period. Of this total of sex sexual practices (580 recommendations,
21,522 recommendations, only 1,786 (8.3 per cent) 33 per cent); access to SRHR services
fell under the SRHR cluster. (378 recommendations, 21.16 per cent); HIV
and AIDS (297 recommendations, 17 per
The most common sub-themes covered by the cent); maternal health (284 recommendations,
recommendations on women’s rights, gender 16 per cent); and adoption/amendment of national
equality and SRHR were as follows: trafficking in legislation/legislative framework related to SRHR
women and girls (2,383 recommendations, 13.1 (76 recommendations, 4 per cent).
per cent); prevention, protection or the prosecution
of violence against women (1,798 recommendations, Conversely, sub-themes such as age of consent
8.3 per cent); international human rights instruments (one recommendation), access to contraceptives
(1,739 recommendations, 8.1 per cent); adoption/ (13 recommendations) and adolescent sexual
amendment and implementation of national activity (13 recommendations) received
legislative framework (1,608 recommendations, less attention.

FIGURE 1 NUMBER OF UPR RECOMMENDATION ON WOMEN’S RIGHTS,


GENDER EQUALITY AND SRHR

}
21,522*

20,000

15,000

10,000 8,420* 8,432*

4,670*
5,000

0
Total SRHR, 1st UPR Cycle 2nd UPR Cycle 3rd UPR Cycle**
gender equality
and women’s rights
recommendations

SRHR   Gender equality   Women’s rights

* Total number of recommendations related to SRHR, gender equality and women’s rights for the three UPR cycles
** UPR37 is the cut-off date for the 3rd cycle data

Advancing Rights, Transforming Lives 9


FIGURE 2 STATES RECEIVING UPR RECOMMENDATIONS ON WOMEN’S RIGHTS,
GENDER EQUALITY AND SRHR

35+4+61z
Eastern
European States

28+6+66z
Western European
& Other States Total
2,545

Total
2,615

32+ z 62 + 6
Asia-Pacific States

30+13+57z 29+10+61z
Latin American
& Caribbean States

Total
African States
6,170
Total
3,550

Total
6,642

SRHR   Gender equality   Women’s rights

FIGURE 3 STATES ISSUING UPR RECOMMENDATIONS ON WOMEN’S RIGHTS,


GENDER EQUALITY AND SRHR

28+6+66z
Eastern
European States

30+11+59z
Western European
& Other States Total
2,823

Total
7,087

32+ z 62 + 6
Asia-Pacific States

33+10+57z 30+6+64z
Latin American
& Caribbean States

Total
African States
4,716
Total
3,469

Total
3,250

SRHR   Gender equality   Women’s rights

The designations employed and the presentation of the material on the map do not imply the expression of any opinion whatsoever on the part of
UNFPA concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries.

Advancing Rights, Transforming Lives 10


SPECIAL PROCEDURES RECOMMENDATIONS

For the purposes of this analysis, we scrutinized The most common sub-themes covered by the 3,363
over 450 reports by 14 thematic Special recommendations on women’s rights, gender equality
Procedures mandate-holders over the period and SRHR were as follows: prevention, protection
2006 to 2021. The mandates were selected or the prosecution of violence against women (385
based on their pertinence for issues related recommendations, 11 per cent); adoption/amendment
to women’s rights, gender equality and SRHR, and implementation of national legislation/legislative
while also taking care to ensure a balance framework (219 recommendations, 6 per cent);
between economic, social and cultural rights, violence against women (199 recommendations,
and civil and political rights.7 The Universal 6 per cent); discrimination against marginalized
Rights Group looked at the recommendations groups of women (198 recommendations, 6 per cent);
contained in thematic reports presented by and international human rights instruments related to
the mandate-holders to the Council and the women’s rights (155 recommendations, 5 per cent).
General Assembly. It further scrutinized the
country-specific recommendations included in Turning specifically to the SRHR cluster, the
the country visit reports of Special Procedures most common sub-themes covered by Special
mandates included in the sample. Procedures recommendations were access to
SRHR services (124 recommendations, 34 per
Findings cent of SRHR recommendations); maternal health
(66 recommendations, 18 per cent); HIV and AIDS
Between 2006 and 2022, the 14 selected (38 recommendations, 11 per cent); comprehensive
Special Procedures mandates extended sexuality education (36 recommendations,
10,250 recommendations to States, of which 10 per cent); and access to contraceptives
3,363 (33 per cent) were somehow related to (22 recommendations, 6 per cent).
women’s rights, gender equality or SRHR. Of
those 3,363 recommendations, 59 per cent fell Relatively few recommendations by relevant
under the women’s rights cluster, 29.77 under the Special Procedures mandate-holders addressed
gender equality cluster, and only 11 per cent under SRHR-focused sub-themes such as adolescent
the SRHR cluster. sexual activity (one recommendation), age
of consent (one recommendation), SRHR in
The Working Group on discrimination against emergency settings (two recommendations),
women generated the most recommendations family planning (three recommendations),
specifically focused on SRHR (102 out of 363 and access to information/awareness-raising
SRHR recommendations in total), followed (four recommendations).
by the Special Rapporteur on the right to
health (85 SRHR recommendations), and the
Special Rapporteur on violence against women
(48 SRHR recommendations).

7 The following mandates were chosen: the Independent Expert on protection against violence and discrimination based on sexual orientation and
gender identity; the Independent Expert on the enjoyment of all human rights by older persons; the Special Rapporteur on extreme poverty and human
rights; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; the Special
Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment; the Special
Rapporteur on the rights of indigenous peoples; the Special Rapporteur on freedom of opinion and expression; the Special Rapporteur on the right to
education; the Special Rapporteur on the rights of persons with disabilities; the Special Rapporteur on the situation of human rights defenders; the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; the Special Rapporteur on violence against women, its
cases and consequences; the Working Group on people of African descent; and the Working Group on discrimination against women and girls.

Advancing Rights, Transforming Lives 11


TREATY BODY RECOMMENDATIONS

The following analysis is based on a sample recommendations, 7 per cent); advancement


group of 21 States, selected based on regional of women/women’s economic empowerment
representation, size, political systems and (127 recommendations, 7 per cent); and
development context.8 discrimination of marginalized groups of women
(99 recommendations, 5 per cent).
Findings
Looking at SRHR-specific recommendations,
States received a total of 1,934 recommendations the following topics were the subject of most
related to women’s rights, gender equality and Treaty Body recommendations, gender equality
SRHR from the nine Treaty Bodies. Of this total, and SRHR: access to SRHR services (76
213 recommendations (12 per cent) addressed recommendations, 36 per cent); maternal health
SRHR concerns and challenges. (38 recommendations, 18 per cent); HIV and AIDS
(23 recommendations, 11 per cent); adolescent
Of the 1,934 recommendations on women’s rights, sexual activity (19 recommendations, 9 per cent);
gender equality and SRHR, 1,312 recommendations and comprehensive sexuality education (14
(68 per cent) were delivered by the CEDAW recommendations, 7 per cent).
Committee, while the remaining 622 came
from the other Treaty Bodies (see figure 4).
Of these other Treaty Bodies, the Committee
on the Rights of the Child (CRC) produced the
most recommendations relating to the three
main clusters (186 recommendations; nearly
10 per cent). The Committee on Social, Economic
and Cultural Rights (CSECR) produced 139
recommendations (7 per cent).

While Treaty Bodies have generated a large


number of recommendations focused on
women’s rights, gender equality and SRHR, only
213 recommendations (11 per cent) explicitly
addressed SRHR issues.

The most common sub-themes covered by those


recommendations related to women’s rights,
gender equality and SRHR were as follows:
prevention, protection or the prosecution of
violence against women (184 recommendations,
10 per cent); adoption/amendment and
implementation of national legislative
framework (133 recommendations, 7 per cent);
women’s political/public life participation (130 © Dina Oganova for UNFPA / Georgia

8 Barbados, the Republic of Cabo Verde, the Republic of Colombia, the Republic of Costa Rica, the Republic of Côte d’Ivoire, the Democratic Republic
of the Congo, the Republic of Fiji, the Republic of Iraq, the Hashemite Kingdom of Jordan, New Zealand, Norway, the Republic of Kazakhstan,
the Republic of Kenya, the Lao People’s Democratic Republic, the Republic of Maldives, the United Mexican States, the Islamic Republic of Pakistan,
the Republic of Serbia, Switzerland, Turkmenistan and Ukraine.

Advancing Rights, Transforming Lives 12


FIGURE 4 NUMBER OF TREATY BODY RECOMMENDATIONS AND ISSUING ENTITY

Total number of recommendations on women’s rights, gender equality and SRHR: 1,934

1,312

Committee on
the Rights of the Child 186

Committee on Economic,
Social and Cultural Rights 139

Human Rights Committee 116

Committee Against Torture 68


622

Committee on the Rights


of Persons with Disabilities 63

Committee on the Elimination


of Racial Discrimination 33

Committee on Migrant Workers 16

Committee on Enforced Disappearances 1


}
Committee on the Elimination Other Treaty Bodies
of Discrimination
against Women

1,934*

* Total number of recommendations related to women’s rights, gender equality and SRHR

© UNFPA

Advancing Rights, Transforming Lives 13


FIGURE 5 TREATY BODY RECOMMENDATIONS ON SRHR

Total number of Treaty Body recommendations on SRHR: 213

105

108
Committee on the Rights of the Child 56

Committee on Economic,
Social and Cultural Rights 19
Human Rights Committee 18

Committee Against Torture 5

Committee on the Rights


of Persons with Disabilities 9
}
Committee on the Elimination
of Racial Discrimination 1
Committee on the Elimination Other Treaty Bodies
of Discrimination
against Women

213*

* Total number of recommendations related to SRHR


© UNFPA

Advancing Rights, Transforming Lives 14


CHAPTER 3

COUNTRY EXPERIENCES
IMPLEMENTATION OF SRHR
RECOMMENDATIONS AND
THE NORMATIVE/OPERATIONAL
ROLE OF UNFPA

Chapter 3 examines the recommendations received in five countries and progress


made in implementing them, as well as the role of UNFPA offices in shaping those
recommendations and supporting States with implementation. A final case study looks
at the broader ecosystem that supports UNFPA’s role in translating international human
rights norms into action.

Advancing Rights, Transforming Lives 15


ADVVDNCIG RHDT S,F S,FDHFSCOMV RHMTFNDHL EFS DiS
different actors at national level with the
CI K,MWSFH U: S,CE O,MWSFH EFFLE SD MIMVvEFimplementation
MIn of those recommendations.
MEEFEE tSMSF FIGMGFTFIS NCS, S,F rICSFn oMSCDIE
,iTMI HCG,SE TFO,MICETE: S,F CTWVFTFISMSCDI DRFor this analysis, five country case studies were
HFOFCdFn HFODTTFInMSCDIE CI S,F uFVn DR tc1c:selected based on several criteria including
MIn ,DN iVSCTMSFVv S,CE TCG,S VFMn SD ,iTMI geographic/regional balance, coverage of
HCG,SE O,MIGF CI S,F ODiISHCFE ODIOFHIFnh a,F different political and cultural contexts,
O,MWSFH NCVV MVED ,CG,VCG,S ,DN roApe ,ME gFFIlevels of development and degrees of UNFPA
MgVF SD CIliFIOF HFODTTFInMSCDIE CEEiFn gv engagement with host States. The selected
S,F rICSFn oMSCDIE ,iTMI HCG,SE TFO,MICETE countries are: Costa Rica, Côte d’Ivoire, Jordan,
gv FIGMGCIG NCS, S,F HFdCFNbCTWVFTFISMSCDIb Kazakhstan and Maldives.
HFWDHSCIG OvOVF: MIn ,DN roApe ,ME EiWWDHSFn

3 Kazakhstan

Jordan

1 2
5
Costa Rica

Côte d’Ivoire
Maldives

The designations employed and the presentation of the material on the map do not imply the expression of any opinion whatsoever on the part of UNFPA
concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries.

Advancing Rights, Transforming Lives 16


COSTA RICA
1

The designations employed and the presentation of the material on the map do not imply the expression of any opinion whatsoever on the part of UNFPA
concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries.

IDENTIFIED SUB-THEME:
THE INCIDENCE OF OBSTETRIC VIOLENCE
(THE MISTREATMENT OF, AND DISCRIMINATION AGAINST, WOMEN DURING CHILDBIRTH)

BACKGROUND case study is focused on the right to be free from


mistreatment or discrimination during childbirth.
Costa Rica has one of the highest levels of female
political participation in the world9 and has An important SRHR challenge in Costa Rica is the
a relatively good record in terms of the promotion phenomenon of obstetric violence, which can be
and protection of women’s rights. The country defined as “mistreatment and violence against
still faces several important challenges, however. women experienced during facility-based childbirth
The reproductive health of women has become and in other reproductive health services”.10 The
an increasingly important area of focus for World Health Organization (WHO) responded to
women’s rights defenders in Costa Rica and for growing international concerns of women during
the United Nations Inter-Agency Gender Group childbirth by issuing a statement in 2015 condemning
(IAGG), which includes UNFPA. Attention in this these practices: “Many women experience

9 IPU Parline data: https://data.ipu.org/women-ranking?month=3&year=2021


10 https://undocs.org/A/74/137

Advancing Rights, Transforming Lives 17


disrespectful and abusive treatment during childbirth reproductive rights of women and girls. First, it
in facilities worldwide. Such treatment not only would seek to leverage the country’s engagement
violates the rights of women to respectful care, but with the United Nations human rights mechanisms
can also threaten their rights to life, health, bodily (particularly the CEDAW Committee) to support
integrity, and freedom from discrimination.”11 The progress towards improved implementation of
statement describes the abuse as follows: the State’s international human rights obligations
and commitments. Second, it would seek to
Reports of disrespectful and abusive treatment during “democratize” implementation by promoting an
childbirth in facilities have included outright physical inclusive process of national consultations with
abuse, profound humiliation and verbal abuse, civil society about women’s rights, and particularly
coercive or unconsented medical procedures (including about SRHR.
sterilization), lack of confidentiality, failure to get fully
informed consent, refusal to give pain medication, ENGAGEMENT WITH THE UNITED NATIONS
gross violations of privacy, refusal of admission to HUMAN RIGHTS SYSTEM
health facilities, neglecting women during childbirth to
suffer life-threatening, avoidable complications, and
detention of women and their newborns in facilities Overview
after childbirth due to an inability to pay.12
z Costa Rica is party to nine core human rights
While Costa Rica has a strong health system, treaties, including CEDAW since 1986.
boasting excellent levels of pre- and postnatal
care, and consequently low levels of child and z Costa Rica has reported three times to
maternal mortality, a study published by UNFPA in the CEDAW Committee (2003, 2011
2021 nevertheless found that obstetric violence is and 2017).
a significant problem in the country.13 According to
the study, 57.7 per cent of women of reproductive z Costa Rica maintains a standing invitation
age who had given birth between 2016 and 2018 to Special Procedures (since 2002) and has
reported experiencing some form of obstetric completed eight visits since 2006, though
violence during childbirth. none by mandates directly relevant to
women’s rights. The country has undergone
Against this backdrop in Costa Rica, the IAGG three UPR reviews (2009, 2014 and 2019).
raised awareness of the need to deepen the
legal and medical understanding of a rooted z Obligations under international human
discriminatory practice and address it as a human rights law are reinforced by obligations
rights concern. It advocated for significant under regional treaties such as the Inter-
legislative changes to better safeguard the American Convention on the Prevention,
reproductive health and rights of women. The Punishment, and Eradication of Violence
IAGG identified a number of strategies for action. against Women, and the American
UNFPA in collaboration with the Defensoría de Convention on Human Rights, as well as
la Mujer de la Defensoría de los Habitantes (the commitments made in other contexts,
women’s rights Ombudsperson, part of the such as in the Montevideo Consensus on
national human rights institution) decided to take Population and Development.
a two-prongued approach to advocating for the

11 World Health Organization (WHO) statement, “The prevention and elimination of disrespect and abuse during facility-based childbirth”, WHO/
RHR/14.23 (2015).
12 World Health Organization (WHO) statement, citing Bowser D, Hill K. Exploring Evidence for Disrespect and Abuse in Facility-based Childbirth:
report of a landscape analysis. USAID / TRAction Project; 2010.
13 https://costarica.unfpa.org/sites/default/files/pub-pdf/violencia-obstetrica-en-costa_rica.pdf

Advancing Rights, Transforming Lives 18


Obstetric violence falls squarely within the The influence of activities in 2015 and 2016 can
mandate of UNFPA and the agency has played be seen in the subsequent deliberations and
a key role in raising awareness about this threat to concluding observations of Treaty Bodies. At the
women’s rights. UNFPA has supported efforts in culmination of its 2016 review of Costa Rica, the
Costa Rica to feed into reviews before the United Human Rights Committee expressed concern
Nations human rights Treaty Bodies, and has “at reports that women have been subjected to
leveraged those reviews to drive domestic progress. violence at the hands of medical professionals” and
In 2019 UNFPA headquarters made an important recommended that the State “ensure that cases
submission to the United Nations Special Rapporteur of violence against women in health facilities are
on violence against women on the basis of inputs thoroughly investigated and that perpetrators are
received from its country and regional offices brought to justice and punished appropriately”.
including the UNFPA Country Office in Costa Rica. Similarly, in 2017, the CEDAW Committee
The submission was in the form of a contribution to asked the State party in its List of Issues Prior
the Special Rapporteur’s 2019 report titled A human to Reporting to report on “measures to prevent
rights-based approach to mistreatment and violence and sanction perpetrators of obstetric violence
against women in reproductive health services with against women and about measures put in place
a focus on childbirth and obstetric violence.14 to monitor medical practice in health care centres
and hospitals across the country”. Following its
Treaty Body reviews provide another example review, the Committee recommended that the
of efforts to raise the international profile of the government “adopt legal and policy measures
problem of obstetric violence in Costa Rica. Prior to protect pregnant women during childbirth,
to 2015, the concluding observations of relevant sanction obstetric violence, strengthen capacity-
Treaty Bodies had never explicitly addressed building programmes for medical practitioners,
the issue of obstetric violence. That began to and ensure regular monitoring of the treatment
change due to a combination of heightened of patients in health care centres and hospitals,
international focus and developments at the in line with the recommendations issued by the
national level. In 2015, the Ombudsperson’s Office Ombudsperson’s Office”.
(the country’s national human rights institution)
conducted an investigation into complaints Increased awareness about the problem of
of obstetric violence during childbirth. The obstetric violence also led to the issue being
investigation concluded with a report documenting increasingly taken up by reviewing States in the
the causes and human rights consequences UPR Working Group. In 2009 Costa Rica received
of such violence and extended a series of no recommendations on the issue of obstetric
recommendations to the government. Building on violence. This no doubt reflected the fact that
that report, UNFPA, the Ombudsperson’s Office these issues were also absent from the three “input
and the German development cooperation agency reports” into the UPR process (the State report,
(GIZ) organized an international congress in the United Nations system report and the “other
San José in 2016. Its objective was to analyse stakeholders” report). However, the United Nations
“the prevalence of obstetric violence in the Country Team in Costa Rica subsequently used
Latin American region and identifying strategies the next United Nations system report ahead of
for national human rights institutions in Latin the 2014 UPR review to underscore the need to
America to bring greater visibility to the problem “strengthen the capacities of medical personnel to
of obstetric violence as a type of violation of incorporate culture and age as relevant markers in
women’s rights”.15 childbirth, guaranteeing the rights of indigenous,

14 Submission of the United Nations Population Fund (UNFPA) to the Special Rapporteur on Violence against Women for her report “A human rights-
based approach to mistreatment and violence against women in reproductive health services with a focus on childbirth and obstetric violence”, 2019.
Available at: www.ohchr.org/EN/Issues/Women/SRWomen/Pages/Mistreatment.aspx.
15 https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/CRI/INT_CEDAW_IFN_CRI_27618_S.pdf

Advancing Rights, Transforming Lives 19


© Lacro Hillary for UNFPA / Costa Rica

migrant and Afro-descendant women to ensure mother, and prevent and sanction cases of obstetric
that women are treated with dignity during violence against women”.16 This marked the first time
childbirth and are consulted on the use of drugs”. Costa Rica had received a UPR recommendation
This was a first reference to obstetric violence. explicitly addressing the issue of obstetric violence;
in the end, the State “partially accepted” the
In the 2019 UPR review, Costa Rica received one recommendation because it covered such a wide
recommendation addressing obstetric violence. range of issues.
Germany extended a recommendation that urged
Costa Rica to “take strong measures to reduce the IMPLEMENTATION AND IMPACT
high rates of femicide and violence against women,
including through the use of public campaigns and Strategic engagement with international human
family programmes and adopt clear guidelines for rights mechanisms, especially the Treaty Bodies,
therapeutic abortion services, legalize abortion by the IAGG has helped facilitate a process of
in cases of rape, incest or health hazards to the national dialogue and consultation, including with

16 emphasis added by author

Advancing Rights, Transforming Lives 20


civil society. So too, engagement with the Office marginalized groups, often most at risk of
of the Ombudsperson brought data, evidence and obstetric violence, such as indigenous women,
the human rights dimension of the phenomenon to Afro-descendants and women with disabilities.
the fore. This in turn led to an important qualitative The aim of the consultation process was to
strengthening of United Nations human rights begin a ground-level rights-based conversation
recommendations to the State. UNFPA has played about the issues and questions raised in the
a key role in drawing attention to and driving Committee’s concluding observations and
domestic progress on the problem of obstetric recommendations related to SRHR. Another
violence in the country. It has done so by contributing aim was to identify concrete actions for the
information, data and practical suggestions into specific recommendation on obstetric violence,
review–implementation–reporting cycles with the in order to make progress with implementation
Treaty Bodies and the UPR, as well as through its own of the Committee’s 2017 recommendation.
engagement with the Special Procedures. Moreover, The consultation was a ground-breaking
UNFPA has used its convening power to mobilize effort to mobilize civil society to help inform
policy makers judicial officials, health care providers, national debates about SRHR issues, and to
civil society groups and survivors of obstetric violence promote civil society’s participation in the
from different population groups in order to to seek processes of implementing the Committee’s
their views and ensure they are properly consulted in 2017 recommendations.
finding solutions to obstetric violence.
The consultation process resulted in a plan of
The case of Costa Rica offers a key lesson on the action known as the “Women’s Agenda”. The
implementation of human rights recommendations. Women’s Agenda is a road map for civil society
It emphasizes the importance of leveraging the organizations to coordinate their work to raise
active and meaningful participation of civil society public awareness about, and advocate for,
networks and women’s rights groups, as well as women’s SRHR. It recognizes that a “top-down”
engaging with national human rights institutions, approach is unrealistic (i.e. that the government
to help inform rights-holders, health care providers acting alone would introduce new laws and policies
and policymakers. This is especially important when to address relevant human rights concerns). The
dealing with sensitive and controversial social issues. Women’s Agenda instead applies a “bottom-
up” approach premised on influencing domestic
The principle of supporting civil society participation debate, informing and educating rights-holders and
is based on a recognition that the national duty-bearers, thereby building public support for
implementation of United Nations human rights the implementation of the country’s international
recommendations must be the result of a democratic human rights obligations and commitments.
rather than a bureaucratic exercise, mobilizing broad
public engagement with State policymakers. In July 2017, the Office of the Ombudsperson,
together with Costa Rican civil society
UNFPA and the wider IAGG, working with the organizations and UNFPA, presented the
Office of the Ombudsperson, decided to organize Women’s Agenda to parliament and relevant
an inclusive civil society consultation process government ministries. This helped inform
focused on supporting the implementation of lawmakers and build pressure on the executive and
the CEDAW Committee’s 2017 concluding legislative branches to take action to implement
observations and recommendations. the 2017 CEDAW recommendations.

Over a two-year period, the partners organized five The Women’s Agenda and the related mobilization
consultations with more than 70 women’s rights of civil society contributed to important positive
organizations. Three consultations were results in the area of obstetric violence in Costa
with women’s rights organizations and two Rica. In the country’s 2020 follow-up report to
consultations were with representatives of the Committee’s 2017 concluding observations,

Advancing Rights, Transforming Lives 21


the State provides a long list of measures taken to In November 2018, a Member of Parliament,
implement the Committee’s recommendations on Aida Maria Montiel Héctor, introduced
obstetric violence. These measures include: a legislative bill on the protection of pregnant
women before, during and after childbirth. The
z Steps taken by the Costa Rican Social explanatory note attached to the bill specifically
Security Fund to raise awareness among, and mentioned the obligations under CEDAW as
deliver training for, health personnel in the well as the aforementioned investigation by the
country’s maternity wards; Ombudsman’s Office. The bill would implement
the CEDAW Committee’s 2017 recommendation to
z The definition of a clinical protocol for penalize medical personnel who mistreat women
pregnancy, childbirth and post-partum care during childbirth. The law has since been approved
known as “the law on humanized birth”, which by parliament. To ensure it is implemented, the
entered into law in February 2020; and government has issued a step by step guide for
health care workers on how to provide respectful,
z Rolling out national information campaigns quality and culturally accessible services to women
about women’s rights in the context of prenatal, during pregnancy, childbirth and post-partum care.
childbirth and postnatal care.

In undertaking these and other steps, the State


benefited from technical assistance and capacity-
building support from UNFPA.17

KEY
TAKEAWAYS
COSTA RICA

1. U
 NFPA is uniquely positioned 2. UNFPA can take the opportunity
to shine a spotlight on neglected of international human rights
human rights issues at the core reviews and its convening role
of its mandate and to bring to strengthen partnerships
them to the centre of the policy with national stakeholders and
arena through its engagement empower them by supplying the
with international human rights data and evidence needed for an
mechanisms, as in the case informed dialogue on critical yet
of obstetric violence. sensitive human rights issues,
leading to sustained legal, policy
and institutional change.

17 UNFPA (2021). Violencia Obstétrica en Costa Rica desde la evidencia estadística. Available in Spanish at: https://costarica.unfpa.org/sites/default/
files/pub-pdf/violencia-obstetrica-en-costa_rica.pdf

Advancing Rights, Transforming Lives 22


CÔTE
D’IVOIRE 2

The designations employed and the presentation of the material on the map do not imply the expression of any opinion whatsoever on the part of UNFPA
concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries.

IDENTIFIED SUB-THEME:
PREVENTING AND COMBATING FEMALE GENITAL MUTILATION
BACKGROUND ON THE ISSUE and mental health of women and girls led to an
increasing recognition of FGM as a human rights
Female genital mutilation (FGM) is a harmful violation. It is recognized in the Convention on the
practice involving the partial or total removal of Rights of the Child, the Maputo Protocol and the
the genitalia of women and girls for non-medical Istanbul Convention, for example, and in the work
reasons. It was largely ignored by the international and outcomes of relevant human rights mechanisms.
community prior to the 1990s and the emergence
of the global movement to combat violence Where the practice is prevalent, most countries
against women. For many years, FGM, often part have adopted legislation prohibiting or
of a girl’s “initiation” into womanhood and, in some criminalizing the practice and/or have launched
communities, a precondition for marriage, was public awareness-raising campaigns to end FGM.
seen by certain States (in both a domestic and This progress is taking place despite a trend
international context) as a private or family matter. of “medicalization” of FGM with parents and
Growing evidence of the appalling implications of legal guardians of girls turning to interventions
the practice for the short- and long-term physical by medical professionals, and the emerging

Advancing Rights, Transforming Lives 23


practice of cross-border or transnational FGM. traditions across the country with a related lack
The international human rights mechanisms have of political will on the part of the State to be seen
established that FGM is inherently contrary to the to “interfere” with local customs; and inadequate
basic rights and dignity of women and girls. It is “reach” of Governmental authority in many remote
a violation of their right to the highest attainable or inaccessible rural areas. The first conviction under
standard of physical and mental health; to sexual Law number 98-757 occurred in 2012 some 14 years
and reproductive health; to be free from torture and after the law had been promulgated. The nine women
other cruel, inhuman or degrading treatment; and convicted for having performed excisions on 30
to be free from gender-based discrimination. In the young girls between the ages of 10 and 15 received
worst cases, it violates their right to life. a one-year suspended sentence and a fine of 50,000
West African CFA francs (approximately US$ 80).
SITUATION IN THE COUNTRY The light penalty of this ruling profoundly shocked
public opinion and pointed to the need to better train
The SRHR of women and girls, particularly their federal prosecutors.
right not to be subjected to harmful practices such
as FGM, is an area of priority focus for the United Against this backdrop, the UNCT Gender
Nations country team in Côte d’Ivoire. Historically, Coordination Group (which UNFPA chaired from
FGM has been highly prevalent in Côte d’Ivoire. 2004 to 2015), concluded that new laws against
The 1998 Demographic and Health Survey found FGM were not, in themselves, sufficient. What
that nearly half of all of women and girls in the was needed was a more comprehensive policy
country (44.5 per cent) had been subjected to response. This needed to include the integration
FGM. In some regions, the proportion of women of FGM into broader gender-based violence
and girls subjected to FGM was higher, rising to strategies; social protection, health and education
79.5 per cent and 73.7 per cent in the northern and measures in favour of women and girls at risk of, as
north-western parts of the country, respectively. well as the survivors of, FGM; and an awareness-
raising strategy at the local level targeting parents,
An important first step in addressing FGM in men and boys and traditional and religious leaders.
Côte d’Ivoire came in 1995 when the State ratified Awareness-raising and specialized training
CEDAW. This allowed the CEDAW Committee would be needed across the different organs of
to begin to engage with the State, and provided the State (including the judiciary), health care
a boost to civil society campaigns to prevent and workers and schoolteachers. It would be designed
eliminate FGM. Those campaigns were imbued to highlight the serious human rights abuses
with an even greater sense of urgency following associated with FGM, and thus shift Ivorian society
public outcry at the tragic death of a young girl towards a rejection of the practice. As a key part
following FGM in August 1998. In December 1998, of that strategy, the United Nations Country
civil society, supported by the United Nations, Team leveraged the country’s engagement with
scored their first important victory when the the United Nations human rights mechanisms,
Government of Côte d’Ivoire adopted Law number especially the CEDAW Committee.
98-757 criminalizing the act of performing FGM.
ENGAGEMENT WITH THE UNITED NATIONS
Notwithstanding this new law, the practice of HUMAN RIGHTS SYSTEM
FGM continued to be widespread in the country.
That was due to a range of factors including:
a lack of awareness about the law among some Overview
law enforcement actors and parts of the judiciary;
reticence on the part of local communities to report z Côte d’Ivoire is party to seven core human
cases and denounce practitioners, preferring instead rights treaties, including CEDAW (1995),
that cases be resolved “amicably” through customary the Convention against Torture and Other
arbitration; highly divergent religious and cultural Cruel Inhuman or Degrading Treatment or

Advancing Rights, Transforming Lives 24


rights Treaty Bodies. The team feeds information
Punishment (1995) and the Convention on into the UPR process via the United Nations
the Rights of the Child (1991). system report, which is drafted by the United
Nations Operation in Côte d’Ivoire, which is the
z Côte d’Ivoire has reported twice to the peacekeeping/peacebuilding operation established
CEDAW Committee (in 2010 and 2018), in 2004.
and twice to the Committee on the Rights
of the Child (1999 and 2017). Since the establishment of the Human Rights
Council in 2006, the UNCT Gender Coordination
z Côte d’Ivoire does not maintain a standing Group has gradually ramped-up the degree
invitation to Special Procedures and has to which it leverages Côte d’Ivoire’s review–
received only four visits by thematic implementation–reporting cycles under the UPR
mandates since 2006, none of which were and Treaty Bodies, to raise concerns about FGM,
focused on women’s rights. and thus to help generate useful recommendations
to the State.
z Côte d’Ivoire has undergone three UPR
reviews (2009, 2014 and 2019). While the United Nations system report drafted
and submitted by the United Nations Operation
z The country’s obligations under in Côte d’Ivoire ahead of the State’s first UPR
international human rights law are review in 2009 only briefly referenced the issue
reinforced by obligations under regional of FGM, the report submitted ahead of the 2014
treaties such as the African Charter of review included a far more detailed assessment of
Human and Peoples’ Rights and the the situation. This included repeated expressions
Maputo Protocol, as well as commitments of concern at the lack of prosecutions under
made in other contexts, such as in the Law number 98-757. As a result, the outcome
1994 ICPD, during which FGM was of the 2014 UPR included 10 recommendations
explicitly recognized as a violation of the pertaining to FGM, compared with only four
fundamental rights of women and girls. in 2009. Of the 10 recommendations, all of
which were accepted by the State, three focused
specifically on addressing the absence of
In the context of Côte d’Ivoire’s engagement with prosecutions against those carrying out FGM.
the international human rights system, the human The 2019 UPR outcome report for Côte d’Ivoire
rights mechanisms have paid significant attention included 10 additional recommendations on the
to the issue of FGM. Impacts of FGM on the rights issue of FGM.
of women and girls in the country has been one
of the issues raised most regularly during Côte Among the recommendations received by the
d’Ivoire’s reviews before the Treaty Bodies and the State over the course of its three UPR reviews,
UPR. It has also been the focus of a considerable many urged it to deliver effective and culturally-
number of recommendations generated by those sensitive awareness-raising campaigns across
reviews. Civil society organizations have been the country, designed to highlight the harmful
feeding information on FGM into the human rights consequences of FGM for the rights of women and
mechanisms via alternative reports. girls. For example, in 2014, Ireland recommended
that the State “undertake a comprehensive legal
The United Nations Country Team worked and cultural awareness-raising campaign on sexual
successfully with the government to ensure that and gender-based violence, including issues such
accurate information about FGM is included in as rape, forced marriage, female genital mutilation
State periodic reports. In Côte d’Ivoire, the United and domestic violence”. Others urged Côte d’Ivoire
Nations Country Team, including UNFPA, does not to conduct public information campaigns in
submit its own alternative reports to the human collaboration with civil society. In 2009, Senegal

Advancing Rights, Transforming Lives 25


recommended that the State “intensify ongoing targeting women and men at all levels of society,
sensitization activities, carried out together with and should involve the school system, the media
members of civil society, towards the reduction or as well as community and religious leaders”.
even the eradication in the future, of female genital Similarly, in 2015, the Human Rights Committee
mutilation”. In 2014, France recommended that the recommended that the State party “take more
State “strengthen the national policy against sexual vigorous steps to generate public awareness,
violence, in cooperation with the United Nations including among religious leaders and traditional
and civil society, and pursue its efforts to promote authorities, [about relevant] legislation and the
women’s rights in particular to fight against all forms harmful impact of such practices on women”.
of genital mutilation and forced and early marriages”.
Acknowledging the important role played by
Relevant Treaty Bodies have pushed for a similarly civil society actors in efforts to shift societal
holistic approach to combating FGM in Côte attitudes, both the CEDAW Committee (2019),
d’Ivoire. Their recommendations have called for both and Committee on the Rights of the Child (2019),
top-down efforts aimed at duty-bearers and focused have expressed particular concern about acts
on strengthening the enforcement of relevant of intimidation against women and child rights
national laws (including Law number 98-757), and defenders working to combat FGM. Reflecting
for bottom-up approaches aimed at right-holders those concerns, the former has made important
– the women and girls themselves. These latter recommendations to the State to better protect
approaches, premised on shifting societal attitudes and empower civil society, such as a call to
towards FGM, enjoy the support of UNFPA and the “ensure the effective implementation of article 9
wider United Nations Country Team. of Law number 2014–388 [on the promotion and
protection of human rights defenders], including
Between 2001 and 2019, the Human Rights by establishing an independent reporting and
Committee 2015, following the country’s review follow-up mechanism for violations of the law”.
in 2013, the CEDAW Committee (2011 and 2019, For its part, the latter has recommended that “the
following the country’s reviews in 2010 and State party strengthen protection mechanisms for
2018, respectively), and the Committee on the human rights defenders and amend [Law number]
Rights of the Child (2001 and 2019 following the 2014–388 to ensure that child human rights
country’s reviews in 1999 and 2017, respectively), defenders are addressed”.
all issued concluding observations to Côte d’Ivoire
that included recommendations on awareness- Other recommendations have focused on
raising about the human rights harms associated improving prevention and protection services for
with FGM. In 2011, the CEDAW Committee children and women at high-risk of becoming
recommended that the State “significantly victims of harmful practices. The 2019 concluding
increase its awareness-raising and education observations by the Committee on the Rights of
efforts targeting both men and women, with the the Child provide an example. The Committee
support of civil society organizations, in order to called upon the State to “establish protective
completely eliminate female genital mutilation and mechanisms and services to safeguard children at
its underlying cultural justifications”. Such efforts, risk of being subjected to female genital mutilation
the Committee continued, “should include the and child marriage, and ensure that all victims
design and implementation of effective education of such practices have access to social, medical,
campaigns aimed at eliminating traditional psychological and rehabilitative services free of
and family pressures in favour of the practice, charge, and to legal redress”.
particularly among those who are illiterate, and
especially the parents of the girl child”. It further Finally, the Treaty Bodies have consistently
added that “such measures should include more urged Côte d’Ivoire to ensure the regular and
concerted efforts, in collaboration with civil society, comprehensive collection, analysis, dissemination
to educate and raise awareness about this subject, and use of quantitative and qualitative data

Advancing Rights, Transforming Lives 26


to continuously reassess the effectiveness of systems, the strategy called for establishment of
policies to combat FGM. Following its review of GBV platforms across the country to spearhead
Côte d’Ivoire in 2019, the CEDAW Committee government efforts to prevent and protect women
recommended that the State “monitor and review and girls from FGM. As of the end of 2021, 79
on a regular basis [the measures taken to eliminate such platforms had been established across Côte
harmful practices in order to identify shortcomings, d’Ivoire, including in the more remote parts of the
and improve them accordingly]”. country. These platforms provide services to local
communities and to victims of GBV, including
IMPLEMENTATION AND IMPACT counselling, and act as early-warning centres and
data collection centres. Following Treaty Body
The UNCT Gender Coordination Group has recommendations, the platforms involve local
regularly leveraged United Nations human rights community leaders in efforts to improve detection
recommendations, including those emanating of GBV (FGM in particular), while promoting
from the country’s UPR reviews, as well as community-level engagement to tailor policies
recommendations from relevant Treaty Bodies, and action plans to local needs. UNFPA provides
to engage with and support both the government support to the early-warning function of the GBV
and civil society in their efforts to prevent and platforms by dispatching verification missions
abolish FGM. Notably, this has included leveraging once a platform has raised the alarm about an
human rights mechanism recommendations in impending FGM ceremony.
fundraising discussions with development partners,
to finance programmatic activities relating to the
elimination of FGM.
© Luca Zordan for UNFPA
The recommendations of the CEDAW
Committee’s 2011 concluding observations to
Côte d’Ivoire were to improve data collection
and thereby inform better policy responses
to GBV, including FGM. Building on these
recommendations, UNFPA and UNICEF supported
the government in conducting a series of
nationwide surveys on GBV in 2011 and 2012.
The results of this data collection exercise
were presented in a 2014 situation analysis on
the prevalence of GBV in Côte d’Ivoire. Since
that time, the government, again with United
Nations support, has adopted a “Tracking Results
Continuously” approach to measuring progress
towards the societal rejection, and ultimately the
abolition, of FGM.

In 2014, the Government of Côte d’Ivoire adopted


a national strategy to combat GBV (2015–2020).
It included implementing measures for a range
of substantive recommendations issued by the
CEDAW Committee and the Committee on the
Rights of the Child. UNFPA and UNICEF have
worked alongside the government to help roll
out the strategy. Pursuant to relevant Treaty
Body recommendations to strengthen protection

Advancing Rights, Transforming Lives 27


UNFPA has also worked to support the As a result of the measures undertaken by the
government with implementation of UPR and country between 1998 and 2020, the proportion of
Treaty Body recommendations regarding improved women and girls who had been subjected to FGM,
enforcement of Law number 98-757 criminalizing according to regular surveys under the “Tracking
FGM. Notably, it has mobilized resources from the Results Continuously” framework, dropped from
United States to train and raise awareness about 44.5 per cent to 36.7 per cent. The new national
the law among the judiciary and police, and to action plan on FGM sets a target of reducing this
strengthen their capacity to respond to GBV more further, to 26.7 per cent by 2025.
broadly. These projects are aimed at sensitizing
judges, lawyers and police officers about the
negative impacts of FGM on the rights and dignity
of women and girls, so that they will be more
willing to investigate and prosecute cases, and
be better able to respond to the needs of victims.
As a result of these and other related projects, by
2018 there had been 18 successful convictions of
those carrying out FGM.

KEY
TAKEAWAYS
CÔTE D’IVOIRE

1. The adoption of laws prohibiting international human rights


FGM sends a fundamental mechanisms, governments and
message to society that FGM is United Nations agencies can
a serious human rights violation help generate recommendations
that cannot be tolerated or providing a blueprint for
justified in the name of culture. comprehensive rights-based
measures to help address the
underlying root causes that
2. Criminal laws are themselves contribute to the perpetuation of
insufficient to change deeply FGM in society.
rooted negative social norms and
behaviours. Through continued
engagement with multiple

Advancing Rights, Transforming Lives 28


JORDAN
3

The designations employed and the presentation of the material on the map do not imply the expression of any opinion whatsoever on the part of UNFPA
concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries.

IDENTIFIED SUB-THEME: NATIONAL POLICY FRAMEWORK


FOR RESPONDING TO GENDER-BASED VIOLENCE
BACKGROUND Health Survey19 (JPFHS) revealed that 21 per cent
of married women aged between 15 and 49 years
The high rate of GBV against women and girls had experienced some form of physical violence
continues to pose a significant human rights since they had turned 15 years old,20 while 26
challenge to Jordan and its people.18 This includes per cent of women had experienced physical,
physical, sexual and emotional violence against sexual or emotional violence at the hands of
women of all ages, and in all settings, including their spouse.21 Because the JPFHS only measured
within the family, in the community, in institutional one form of GBV, namely domestic violence, the
settings and increasingly in the digital sphere. incidence levels for all forms of violence is likely
The 2017–18 Jordan Population and Family and to be far higher.

18 United Nations Country Assessment for Jordan, 2018.


19 Department of Statistics/DOS and ICF (2019). Jordan Population and Family and Health Survey 2017- 18. Amman, Jordan, and Rockville, Maryland,
USA: DOS and ICF.
20 Department of Statistics/DOS and ICF (2019).
21 Department of Statistics/DOS and ICF (2019).

Advancing Rights, Transforming Lives 29


The human rights consequences of GBV are well ENGAGEMENT WITH THE UNITED NATIONS
documented. GBV not only violates women’s rights HUMAN RIGHTS MECHANISMS
to be free from physical and mental harm, and free
from cruel and/or degrading treatment, but also
violates their right to physical and mental health, Overview
including sexual and reproductive health.22 In the
worst cases, GBV leads to the violation of the most z Jordan is Party to seven of the core
fundamental right of all: the right to life. international human rights treaties,
including CEDAW (since 1992). Jordan has
Given the serious impacts of GBV on the rights reported twice to the CEDAW Committee
of women and girls in Jordan, the Jordanian (2012 and 2017).
Government has made the elimination of such
violence a national priority.23 Consequently, when z The country maintains a standing invitation
the United Nations Country Team developed its to Special Procedures (since 2006) and has
new United Nations Sustainable Development received seven visits since 1998, including
Cooperation Framework (UNSDCF) with Jordan for by the Special Rapporteur on violence
the period 2018–2022, addressing discrimination against women in 2011.
and violence against women was identified as one
of the Framework’s key objectives.24 Within the z The country has completed three cycles
United Nations Country Team, UNFPA is one of under the Universal Periodic Review
the lead agencies responsible for addressing GBV, mechanism (in 2009, 2013 and 2018).25
as well as more generally promoting women and
girl’s right to live free from violence. z Obligations under international human
rights law are reinforced by commitments
UNFPA has sought to leverage the made in the context of the 1994 ICPD
State’s engagement with the United Nations and its follow-up conference in Nairobi
human rights mechanisms to incrementally (ICPD+25), where Jordan committed to
strengthen, in cooperation with the government, continue “to work to reduce sexual and
the national policy framework for responding to gender-based violence by implementing
and preventing GBV in Jordan. legislations to protect against violence […]
implement strategies, programmes, social,
psychological and health services”.

22 CEDAW, General Recommendation No. 35, paras 15-16.


23 National Framework to combat family violence.
24 See Outcome 2 and its indicators “People especially the vulnerable proactively claim their rights and fulfil their responsibilities for improved human
security and resilience”. Indicator 1 - “early marriage rate”, Indicator 2 - “perception of people that domestic violence is acceptable”.
25 Jordan country page, OHCHR website (visited 15 December 2021).

Advancing Rights, Transforming Lives 30


As part of its efforts to support Jordan to z Identification of flaws in the Law on Protection
effectively respond to and prevent GBV, UNFPA from Domestic Violence (Law no. 6/2008),
has sought to leverage the State’s engagement especially a provision “prioritizing mediation
with these human rights mechanisms, particularly and reconciliation between the victim (the
the UPR and the CEDAW Committee. This has complainant) and the perpetrator”. The joint
involved feeding information about GBV in Jordan, submission called for Law no. 6/2008 to be
as well as ideas for how the State might better amended and such provisions to be deleted.
respond to and prevent such violence, into relevant
review–implementation–reporting cycles, so that z Highlighting the need to adopt a comprehensive
the mechanisms might in turn provide useful and holistic approach to tackling GBV,
recommendations to the government. including civil society campaigns to raise
public awareness about such violence and
Since the mechanism’s establishment in 2007, the its impacts on the rights of women and girls,
UPR has become an increasingly important focus and the delivery of capacity-building training
of United Nations Country Team advocacy. This for government departments involved in
reflects the high political prioritization afforded to responding to GBV.
this State-to-State mechanism by the government,
which has in turn translated into a greater Each of the three UPR cycles in Jordan has seen
willingness to implement UPR recommendations. a significant focus on GBV and has generated
useful recommendations to the State, partly as
Ahead of the third cycle UPR review in 2018 in a result of efforts by the United Nations Country
Jordan, UNFPA worked closely with the rest of the Team, often in cooperation with local civil society.
United Nations Country Team to feed information During the first cycle in 2009, 10 reviewing States
about GBV in the country into the team’s joint provided 11 recommendations on GBV, six of which
submission, which in turn provided the backbone urged Jordan to improve its national legal and policy
of the United Nations system report to the UPR. framework and/or strengthen implementation.
In an important example of best practice, this joint Norway, recommended that Jordan “enact
submission included a matrix detailing actions legislation in order that violence against women
undertaken by the State, in certain instances with constitutes a criminal offence, that women and
United Nations support, to implement second girls who are victims of violence have access to
cycle UPR recommendations, and proposing immediate means of redress and protection, and
further actions to strengthen implementation in the that perpetrators are prosecuted and punished”.
future. A number of implementation measures and Jordan accepted this recommendation. The second
issues were highlighted in the matrix in the United UPR cycle in 2013 saw a slight increase in the
Nations system report to the UPR, including the number of recommendations, to 13, provided by
following examples: 12 States. Of those, seven recommended that
Jordan bring changes to its national legal and
z Introduction of legislative amendments to the policy framework and/or improve implementation.
Penal Code, including the deletion of article Slovakia recommended that Jordan “provide
308 (which had allowed rapists to evade training for law enforcement officials dealing with
punishment if they agreed to marry their victim violence against women and ensure the effective
for more than five years), in line with previous protection of victims”. This was also supported
UPR and Treaty Body recommendations. The by the State under review. Similarly, the third
joint submission also drew attention to the need cycle saw Jordan receive 12 recommendations
for further amendments to introduce explicit on GBV, presented by 12 countries, six of which
definitions of crimes such as marital rape, called for legislative and policy reforms. Thailand
sexual harassment, assault and torture. suggested that Jordan “strengthen the relevant
legal frameworks to further protect women against
all forms of violence, including domestic violence,

Advancing Rights, Transforming Lives 31


and ensure adequate support and redress to handle violence cases and train staff in the health
victims,” while Turkey urged the State to “continue sector on how to deal with female victims of
reviewing its legal framework for the protection violence”. Civil society made similar points ahead
of women against gender-based violence and of the country’s 2017 review, with NGOs calling
domestic violence”. Both recommendations were for reform of the Law on Protection from Domestic
supported by Jordan. Violence, the repeal of article 308 of the Penal
Code, and capacity-building for “those dealing with
The recommendations are rather vague; certainly gender-based violence”.
less specific in referring to particularly problematic
laws or policies than the proposals included in the Nearly all these issues were duly taken up by the
joint submission by the United Nations, though Committee in its List of Issues, published ahead
there have been exceptions.26 This reflects an of the 2012 and 2017 reviews. In the 2012 List of
important weakness of the UPR mechanism: Issues, the Committee asked Jordan to “indicate
recommendations may carry more political whether the State party considers repealing
weight because they are extended by one State to article 308 [and article 98] of the Penal Code,”
another, yet, unlike the Treaty Bodies and Special and to elaborate on its plans for improving
Procedures, the UPR is not an expert mechanism, victim protection and care, capacity-building,
and thus the level of analysis and prescription is addressing “cultural attitudes preventing women
often less robust. from reporting cases of violence” and improving
data collection.
Another key focus of United Nations Country
Team (including UNFPA) advocacy has been Important proposals for better addressing GBV
the CEDAW Committee. Here, however, the in Jordan were subsequently included in the
UNFPA approach has been different: Instead of Committee’s concluding observations.
submitting its views and ideas via United Nations
alternative reports, UNFPA has worked with After the 2012 review, the Committee made the
national civil society organizations and supported following recommendations: “undertake measures
their active engagement in the process. It has done […] to encourage victims of violence to report their
so through its long-standing capacity-building cases to the authorities, including by sensitizing
with women’s rights organizations working on police officials on how to deal in such cases with
GBV, which has ensured that priorities common the necessary sensitivity and confidentiality”;
to UNFPA and Jordanian civil society have “provide mandatory training for judges,
been included in the latter’s alternative reports prosecutors and the police, especially those who
to the Committee. conduct mediation in cases of domestic violence”;
and “repeal remaining discriminatory provisions
Ahead of the 2012 review in Jordan, two separate of the Penal Code”.
alternative reports submitted by civil society
raised concerns about the (then) newly adopted After the 2017 review, the Committee made even
Law on Protection from Domestic Violence (Law more specific recommendations in similar areas
no. 6/2008), as well as about articles 97 to 99, for which progress had been limited, including
308 and 340 of the Penal Code. The reports said asking the State to: “take measures to encourage
that the protections were inadequate and called women who are victims of violence to report
for amendments to the laws/provisions. The their cases, including by destigmatizing victims,
shadow reports also called on the State to “develop providing capacity-building programmes for
a special protocol for the health sector on how to judges, prosecutors, police officers and other law

26 During the first cycle, Italy recommended that Jordan “consider amending articles 98 and 340 of its Criminal Code in order to abolish all kinds of
legal protection for perpetrators of honour killings”. During the second cycle, Guatemala recommended that the country “continue working to
eradicate the practices that allow rapists to avoid prosecution if they marry their victims”.

Advancing Rights, Transforming Lives 32


enforcement officials on how to investigate such to relevant provisions of the Penal Code (articles
cases in a gender-sensitive manner and developing 98 and 99), and while welcoming the passage of
user-friendly reporting guidelines”; “provide the Law on Protection from Domestic Violence
mandatory training for judges, prosecutors and law (2008), raised concerns over the definition
enforcement officials”; “and “repeal, without further of such violence, the Law’s focus on family
delay, all remaining discriminatory provisions reconciliation as a preferred solution, and low
of the Penal Code […] in particular articles 97 levels of implementation by the courts. Finally,
to 99, 308 and 340”. she recommended that the State “design and
launch targeted awareness-raising campaigns to
These recommendations are far more precise educate and change social attitudes” and “continue
and detailed than the recommendations on GBV strengthening, systematizing and tailoring
typically generated by the UPR mechanism. That capacity-building and training activities for all
said, Treaty Body recommendations tend to carry those involved in providing services to women who
less weight with the government, which tends have been subjected to violence”.
to prioritize the intergovernmental UPR process.
These relative strengths and weaknesses of Several of these recommendations informed
the mechanisms underscore the importance of subsequent Treaty Body and UPR reviews of
“clustering” recommendations at the national Jordan, highlighting the complementary and
level – grouping together all similar proposals, mutually reinforcing nature of the United Nations
irrespective of which human rights mechanism human rights mechanisms, and of UNFPA/UNCT
authored them – and applying a comprehensive engagement with each of them. In the context
approach to engagement with the human rights of the second UPR in 2013, Chile recommended
mechanisms to leverage their comparative that the Jordanian Government “consider the
strengths and weaknesses. recommendations of the Special Rapporteur
on violence against women who expressed
While the UPR mechanism and the CEDAW concern that the violence [is a result of] a culture
Committee have been a particular focus of UNFPA of impunity”.27 In 2018 the United Kingdom
and United Nations Country Team advocacy, visits recommended that Jordan “establish a mechanism
to Jordan by relevant Special Procedures mandate- to implement the recommendations of the Special
holders have also offered important points of Rapporteur on violence against women”.
leverage. During such country visits, mandate-
holders routinely meet with the United Nations IMPLEMENTATION AND IMPACT
Country Team and with domestic civil society to
better understand the national situation and to The concluding observations of the CEDAW
formulate useful recommendations. Committee and the UPR outcome reports for
Jordan offer an important indication of the success
A 2011 mission to Jordan by the Special Rapporteur of UNFPA and the wider United Nations Country
on violence against women led to a report in Team in feeding their analyses and ideas into
which the Special Rapporteur pointed to the fact relevant United Nations human rights review–
that “under the law, rapists may be exempt from implementation–reporting cycles. Likewise,
punishment by marrying their victims”. She also subsequent national and alternative reports to the
expressed deep concern at ongoing human rights mechanisms, in combination with other relevant
abuses associated with so-called “honour crimes”. United Nations documentation,28 tell an important
The Special Rapporteur called for amendments story of progress made by Jordan, with the support

27 Consider the recommendation of the Special Rapporteur on violence against women who expressed concern that the violence has resulted in the
form of a culture of impunity, Chile, 2nd cycle.
28 For example, annual United Nations Country Team reports and annual UNFPA reports.

Advancing Rights, Transforming Lives 33


of UNFPA, in strengthening its legal framework Perhaps the most important legislative change
to address GBV. secured during the momentous year of 2017
was the repeal by parliament of article 308 of
In 2017, the State, with United Nations support, the Penal Code. This infamous provision allowed
significantly strengthened its domestic legislative rapists to evade punishment providing that they
framework when its parliament adopted an subsequently married their victim for a minimum
updated Law on Protection from Domestic of five years. Recommendations urging repeal
Violence (no. 15/2017) in replacement of Law no. of article 308 had been repeatedly issued by
6/2008. This occurred in the same year as the several United Nations human rights mechanisms,
country’s sixth periodic review under CEDAW, including the CEDAW Committee (in 2007, 2012
and the year before its third cycle review under and 2017) and the UPR (first and second cycles).
the UPR. Although women’s rights advocates It had also been the focus of an intensive advocacy
have identified shortcomings with this updated campaign by domestic actors including civil
legislation, it nonetheless represents a significant society organizations, justice sector professionals,
improvement on its predecessor and brings the journalists and parliamentarians as well as
legislative framework into closer compliance with women human rights defenders supported by the
international standards. The new Law affords the Jordanian National Commission for Women. The
State greater powers to impose protection orders scale of their achievement is evidenced by the fact
against suspected abusers, creates a specialist that, with the repeal of article 308, Jordan became
cadre of judges to consider domestic violence only the third country of the Middle East and
cases and strengthens the definition of domestic North Africa (MENA) region to remove this type of
violence. The definition now includes “violence discriminatory law from its statutes.
committed by a family member” as a crime.29
Earlier recommendations issued by the CEDAW Despite these important steps forward for the
Committee and by the Special Rapporteur on rights of women and girls in Jordan, much remains
violence against women had focused on each of to be done, including via the implementation of
these issues, as well as the wider need to improve other important United Nations human rights
Law no. 6/2008. recommendations related to GBV. In a positive
sign of the Government’s commitment to these
Also in 2017, the parliament passed an important additional steps, the Comprehensive National
amendment to article 98 of the Penal Code, so that Human Rights Plan for 2016–2025 commits the
this provision could no longer be used by judges to State to a wide-ranging “review of laws related
reduce the sentence of a person who had assaulted to women’s rights,” and, where necessary, to
or murdered a woman in the name of “honour”. introduce further legislative amendments, while
This amendment addressed some, though not the National Strategy for Women in Jordan
all of the concerns and recommendations of the (2020–2025) recognizes that “there is still a need
Committee relating to the mitigation of penalties in to reconsider some provisions of [relevant pieces
the case of so-called “honour crimes”. Parliament of] national legislation and regulation.”
did not amend article 340 of the Code providing
for reduced penalties when a husband or wife is
attacked and/or murdered by their spouse when
they are caught in the act of adultery. As noted
above, this issue was also raised by the Special
Rapporteur on violence against women, and by
reviewing States during both the first and second
cycles of the UPR.

29 In the 2008 Law, this definition had been limited to crimes against persons residing in the same home.

Advancing Rights, Transforming Lives 34


KEY
TAKEAWAYS
JORDAN

1. UNFPA together with the wider 3. UNFPA maximized the


United Nations Country Team was opportunities provided by Treaty
able to inform the reviews of Treaty Body reviews to offer a platform
Bodies leading to more precise and for civil society participation in
actionable recommendations in the the review process. This in turn
area of GBV. ensured that recommendations
from the Treaty Bodies reflected
the priorities of feminist
2. In turn, UNFPA and the wider movements and civil society.
United Nations system was In so doing, it strengthened
able to leverage the GBV the network of women’s rights
recommendations to foster organizations in the country,
partnership with the government empowering voices for resistance
and facilitate multi-sectoral when hard-won gains came
actions to address GBV. under threat.

Advancing Rights, Transforming Lives 35


KAZAKHSTAN
4

The designations employed and the presentation of the material on the map do not imply the expression of any opinion whatsoever on the part of
UNFPA concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries.

IDENTIFIED SUB-THEME: YOUTH-FRIENDLY SEXUAL


AND REPRODUCTIVE HEALTH SERVICES
BACKGROUND aware of the various modes of HIV transmission,
while 15 per cent of adolescent girls declared
The sexual and reproductive health of adolescents having an unmet need for contraceptives.
and youth has been a concern in Kazakhstan
for more than a decade. The scale of the human The relatively conservative sociocultural
rights challenges in this area was revealed by environment in Kazakhstan means that discussion
a 2011 national survey commissioned by UNFPA about sexual activity, including within families,
in collaboration with the Ministry of Health, and is often taboo. Such conservative social norms
later repeated in 2018. The two surveys looked have led to a relatively muted response on the
at the reproductive health of adolescents aged part of the State, with the government concerned
15–19. Both surveys found that around one third that any moves to provide contraceptives or
of adolescents were sexually active before they comprehensive sexuality education (CSE) could
had reached the age of 18, and 10 per cent had be construed as encouraging youth sexual activity.
had their first sexual experience before the age of Government inaction has helped create a cycle of
16. However, there was a worrying lack of sexual misinformation and/or ignorance, whereby poorly
and reproductive health education and services informed adolescents are unable to educate their
available for adolescents. Only 9 per cent were children once they themselves become parents.

Advancing Rights, Transforming Lives 36


A further damaging consequence of prevailing ENGAGEMENT WITH THE UNITED NATIONS
conservative societal views in Kazakhstan has been HUMAN RIGHTS SYSTEM
the emergence of so-called “guardian consent
laws” for minor medical examinations. These
serve to limit adolescents’ access to sexual and Overview
reproductive health services. The 2011 and 2018
surveys found that a lack of confidentiality was the z The Republic of Kazakhstan is Party to
second most likely reason given by girls aged 15–19 nine core human rights treaties, including
for not seeking medical help if they had symptoms CEDAW (since 1998), and the Covenant
of sexually transmitted infections. on Economic, Social and Cultural Rights
(2006).
This situation has far-reaching implications for
the enjoyment of human rights in Kazakhstan, z Kazakhstan has reported three times to
especially for women and girls, including their the Committee on the Rights of the Child
right to decide on the number and spacing of (2003, 2007 and 2015), and two times to
children, their right to the highest attainable the Committee on Economic, Social and
standard of mental and physical health, and, in Cultural Rights (2010 and 2019).
the most extreme cases, their right to life. Two
revealing examples of these human rights impacts z Kazakhstan maintains a standing invitation
are teenage pregnancy rates, and the prevalence to Special Procedures (since 2009) and
of sexually transmitted infections (STIs). In 2012, has facilitated/completed 12 of 16 visit
the birth rate per 1,000 girls aged 15–19 was 33.8, requests (a very high ratio).
while by 2014 this ratio had increased to 34.4
(approximately six times higher than the average in z Kazakhstan has reported three times
OECD countries). Regarding STIs, the 2011 survey under the UPR in 2010, 2014 and 2019. As
found that 3 per cent of adolescents aged 15–19 a result of the country’s engagement with,
reported having symptoms consistent with such and reporting to, these mechanisms, the
infections, yet only 25 per cent of those had sought United Nations human rights machinery
medical attention and/or received treatment. has repeatedly raised concerns about the
SRHR of adolescents in the country, and
Against this background, the main avenue for has issued various recommendations to
providing adolescent sexual and reproductive improve the situation.
health (ASRH) services and information in
Kazakhstan over the past 15 years has been
through the establishment and development of Following its 2007 review of Kazakhstan, the
a network of Youth Health Centres. These Centres CEDAW Committee recommended that the
provide a range of medical and psychosocial State party “strengthen measures aimed at the
services to adolescents, including SRHR services. prevention of unwanted pregnancies, especially
The centres were initially established in 2006 among teenagers” and emphasized that such
with support from UNICEF and UNFPA and have “measures should include monitoring any negative
developed in a very ad hoc manner, with the effects of the use of intrauterine devices, making
quality of services provided remaining highly a comprehensive range of contraceptives available
dependent on the wishes and capacities of more widely and without any restrictions, and
local administrations. They were not officially increasing knowledge about family planning”.
institutionalized in the health care system until Similarly, in its 2011 concluding observations, the
2020. Human Rights Committee urged the State party
to “adopt measures to help girls avoid unwanted
pregnancies and recourse to illegal abortions that
could put their lives at risk”. Likewise, in 2010, the

Advancing Rights, Transforming Lives 37


Committee on Economic, Social and Cultural Rights It was hoped that the concerned Treaty Body
recommended that “the State party include sexual would then extend useful recommendations to
and reproductive health education programmes the State. This would, in the short term, improve
in schools and provide a broad range of sexual access to family planning services, especially for
and reproductive health care services through its adolescents. In the medium term, this would
primary health care system”. improve youth-friendly sexual and reproductive
health services more generally, notably via the
For a long time, Kazakhstan responded to concerns qualitative strengthening of the national network of
and recommendations about ASRH by pointing to Youth Health Centres. UNFPA also cooperated with
the establishment of its national network of Youth the government, especially the Ministry of Health,
Health Centres. The State’s periodic reports from to ensure that accurate information on ASRH, as
this period repeatedly focused on the existence well as legislative and policy ideas to improve the
and increasing number of centres as evidence situation, would be fed into the Treaty Bodies via
of its commitment to the delivery of ASRH the State’s own periodic reports.
services, family planning services, and sexual and
reproductive health education, and thus of its The alternative report by the United Nations
commitment to strengthening the enjoyment of Country Team to the CEDAW Committee’s
human rights. combined third and fourth review of Kazakhstan
in 2014 offers an early example of this strategy
This situation began to change from 2011 onwards, in practice. That report referenced the 2011
when the first of the two national surveys revealed national survey, drawing particular attention to
empirically the scale of the ASRH challenges faced high levels of teenage pregnancy and its links
by Kazakhstan, including: high rates of unplanned to abortion and adolescent maternal mortality/
pregnancy among teenage girls, along with morbidity, and suggesting that the Committee
resulting suicides; very low levels of awareness, use its concluding observations to recommend
among adolescents, about HIV and AIDS; strikingly that the State improve adolescent access to
low levels of contraception use among sexually family planning services.
active adolescents; and a dramatic increase in the
spread of HIV and other STIs among young people. In addition to feeding information and ideas
As well as shifting opinions within the government, into the Treaty Bodies via alternative reporting,
the survey also provided a crucial window of UNFPA also engaged with the government so
opportunity for UNFPA to strategically engage that information on the situation of ASRH in
with Kazakhstan and begin to put in place effective Kazakhstan might also be provided by the State
measures to improve access to, and the quality of, via its own periodic reports. This strategy also
ASRH services (something that the State, by now, met with some success. In the State’s reply to
was also increasingly keen to do). the CEDAW Committee’s List of Issues Prior to
Reporting (LOIPR) ahead of the 2014 review,
As a central component of the strategy to Kazakhstan noted: “One way of reducing the
strengthen access to ASRH services in Kazakhstan, number of abortions and teenage pregnancies is to
UNFPA leveraged the country’s obligations under provide confidential sexual and reproductive health
the international human rights treaties, and its services to teenagers and young people.”
cooperation through the review–implementation–
reporting cycles with the United Nations human The combined influence of the State’s periodic
rights mechanisms, especially Treaty Bodies. Most reporting and the United Nation’s alternative
importantly, UNFPA aimed to use United Nations reporting on the Committee’s reflections and
Country Team alternative reports to relevant recommendations is clear from reference to the
Treaty Bodies, especially the CEDAW Committee, Committee’s 2014 concluding observations. The
to provide ideas for actions that might be taken Committee recommended that the State party
by the State to improve access to ASRH services. “consider adding free access to a comprehensive

Advancing Rights, Transforming Lives 38


range of contraceptives to women, including reducing the age of access to health services,
rural women, women with disabilities, and including ASRH services, without parental consent
adolescents, on the list of State-guaranteed free from 18 to 16 years old; and respond to the need
medical services”. to improve the quality of services in Youth Health
Centres. The Committee duly asked the State
Progress was also made, at this time, in leveraging to “indicate the measures envisaged to reduce
Kazakhstan’s engagement with another of the the age for access to health services without
United Nations human rights mechanisms, the parental consent from 18 years to 16 years in the
UPR, to drive change in the country. In October Health Code”. The Committee also asked the
2014, Kazakhstan held its second cycle dialogue State to “provide information about the measures
with reviewing States in the UPR Working Group, taken to ensure the financial sustainability of the
based on information provided by the State, centres and to ensure that such centres meet
the United Nations system and civil society. As the necessary quality standards and are gender-
a result of those inputs, and the dialogue in the sensitive, youth-friendly, and available in all areas,
UPR Working Group, Thailand recommended that including rural areas”.
Kazakhstan “enhance women’s access to sexual
and reproductive health services, and provide Based on the State’s responses, the CEDAW
comprehensive education on sexuality, especially Committee’s concluding observations
to female adolescents”. recommended that Kazakhstan take the
following actions:
The generation of such recommendations by
two of the three main human rights mechanisms …provide free or subsidized contraceptives to
in turn provided an ideal platform for UNFPA vulnerable groups in urban and rural areas, including
to work with the State to help it implement sexually active adolescents, poor women, women with
the recommendations received and thus drive disabilities and women living with HIV/AIDS; reduce
improvements in access to ASRH services. It did from 18 to 16 years the age required for adolescents
so through its 2016–2020 Country Programme, to have access to health services, including abortion
jointly agreed with the government, which, among and mental health services, without parental consent,
other things, prioritized the creation of more including by reviewing and adopting the new draft
favourable conditions for access to reproductive health code; improve the quality and accessibility of
health and family planning services, with a special health services provided by health centres for young
focus on young people and other vulnerable people, including by strengthening the skills of the
groups. Taking steps to implement relevant United staff and their capacity to deliver gender-sensitive and
Nations recommendations, including in the area of youth-friendly services and guarantee confidentiality
ASRH, was a key pillar of the Country Programme. and privacy; and expand the coverage of such centres
to rural areas and villages, and maintain State funding.
The fifth periodic review under CEDAW took
place in October 2019. Ahead of the review, both The Committee advised that such actions would
the State party and the United Nations Country enable the country to “take advantage of the
Team submitted their regular periodic and adoption of the new health care development
alternative reports. The reports included updates programme for the period up to 2025”.
on progress with the implementation of the 2014
concluding observations on ASRH services. The
United Nations Country Team’s alternative report
also offered further ideas to the Committee on
additional measures that might be taken by the
State. The United Nations Country Team pointed
to a number of issues: free or subsidized provision
of contraceptives to sexually active adolescents;

Advancing Rights, Transforming Lives 39


IMPLEMENTATION AND IMPACT services to 25 per cent of all young people”.
Regarding the latter, the report explained that the
Although Treaty Bodies had been addressing centres are increasingly providing “comprehensive
the issue of ASHR in Kazakhstan for years, medical and psychosocial services to adolescents
prior to UNFPA prioritization of the issue, and young people” to “raise awareness among
little progress had been made in ensuring the youths and girls of the significance of the family,
effective implementation of United Nations reproductive health, family planning and prevention
recommendations. Following the 2014 CEDAW of abortion”.
review, and the establishment of the 2016-2020
UNFPA Country Programme for Kazakhstan, that Kazakhstan also reported on these developments
situation began to change. in the context of the third cycle of the UPR.
In its third national report to the UPR Working
Prior to this point, there was a reluctance on the Group in 2019, the State provided an update
part of the State to implement recommendations on the implementation of the second cycle
from the CEDAW Committee on the provision of recommendation provided by Thailand explaining
free or subsidized contraceptives. This was based that 96 Youth Health Centres were by then
on concerns within the government not to be operating in the country, and that the role of these
seen as encouraging adolescent sexual activity. centres was to “provide family counselling, reduce
By leveraging the State’s engagement with the the number of abortions, protect reproductive
United Nations human rights mechanisms, and health of young people, and educate young
as more data on the scope of the country’s ASRH people on prevention of unwanted pregnancies
challenges was made available, UNFPA was able, and abortions”.
over time, to build trust, with positive results in
terms of implementation. In the 2014 review The country’s determination to strengthen
in Kazakhstan, the Committee’s concluding the implementation of United Nations
observations included a recommendation to recommendations on ASRH, with the support
improve adolescent access to family planning of UNFPA, also formed a centrepiece of the high-
services. The Government of Kazakhstan then level political commitments it made during the
developed a Family Planning National Framework 2019 Nairobi Summit marking the twenty-fifth
Programme for the period 2017–2021. The anniversary of the ICPD. During the Summit, the
framework asserted “access for adolescents government pledged “to fund at least one Youth
and young people to comprehensive sexuality Health Centre in each region of Kazakhstan by
education and youth-friendly services” as a primary 2021, [to provide] youth-friendly SRH information,
objective and guiding principle. counselling and services”.

Another example relates to qualitative Importantly, in 2020 the Ministry of Health


improvements in the development of Youth Health took steps towards implementing the CEDAW
Centres. As recounted above, partially as a result Committee’s recommendation “to improve the
of increased cooperation between the State and quality and accessibility of health services provided
UNFPA, Kazakhstan’s periodic report ahead of by health centres for young people, including
its 2019 review before the CEDAW Committee by strengthening the skills of the staff and their
combined information about the quantitative capacity to deliver gender-sensitive and youth-
widening of its national network of centres with friendly services and guarantee confidentiality and
important new information about qualitative privacy”. To take this recommendation forward,
improvements in the network, specifically in the Ministry developed a strategy, with UNFPA
terms of the wider array of services provided. For support, to improve the quality and accessibility
example, it reported that there were now “87 youth of health services by transforming the Youth
health care centres” across the country, and that Health Centres into “Youth Friendly Health
its goal, by 2020, was for the centres to “provide Centres” (YFHC).

Advancing Rights, Transforming Lives 40


The Ministry of Health developed a sustainable Finally, Kazakhstan has also taken a range
development strategy and a series of clinical of important legislative steps to implement
protocols governing the ways in which the centres other recommendations included in the CEDAW
deal with the most common challenges related Committee’s 2019 concluding observations.
to the reproductive health of adolescents, and the The new “Code on health of the population
provision of psychological and legal counselling. and the health care system” was publicly debated
by parliament and entered into force in 2020.
As part of its new 2021-2025 Country Programme It includes a whole chapter dedicated to adolescent
for Kazakhstan, UNFPA has committed to continue and youth health, an article that effectively
to support the nationwide expansion of YFHCs. reduces the legal age for accessing outpatient
A key output indicator from the Programme is to health services without parental consent from
support the government to realize its pledge to 18 to 16 (except abortion, surgical procedures
ensure that every subnational region of Kazakhstan and inpatient care) as well as an article that
has at least one YFHC “providing standardized enshrines the right of minors to receive
services” and that the new centres will be backed information on reproductive health.
by “sustainable financing from public sources”.

KEY
TAKEAWAYS
KAZAKHSTAN

1. The United Nations human rights 3. UNFPA has played a role in


mechanisms have helped bring collecting and providing data
attention to and strengthen on the situation of adolescents
accountably for those groups and youth in the context of
left furthest behind – in this case SRHR. It has also promote
adolescents and youth – in the d a strategy of leveraging the
context of SRHR. recommendations of United
Nations human rights
mechanisms. These efforts have
2. UNFPA engagement with helped counter resistance from
the mechanisms has proved some parts of the government
critical in ensuring that the and develop partnerships with
recommendations extended by other parts to advance SRHR
those mechanisms on adolescent for adolescents and youth in the
sexual and reproductive health country.
have been implemented.

Advancing Rights, Transforming Lives 41


MALDIVES
5

The designations employed and the presentation of the material on the map do not imply the expression of any opinion whatsoever on the part of
UNFPA concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries.

IDENTIFIED SUB-THEME: COMPREHENSIVE SEXUALITY EDUCATION


AND ACCESS TO SRHR INFORMATION FOR YOUTH
BACKGROUND According to the International Technical Guidance
on Sexuality Education31, CSE is education that
With almost half of the population of the Maldives is: scientifically accurate; incremental; age- and
below 25 years old, the promotion of SRHR among personal development-appropriate; curriculum-
young people in the country is a key priority based; comprehensive; human rights-based;
for UNFPA.30 This includes ensuring access to premised on promoting gender equality; and
information necessary to develop the knowledge, culturally relevant and contextually appropriate.
skills, ethical values and attitudes necessary to This holistic approach helps empower young
promote and protect their health, well-being and people to claim their rights, and reduces their
dignity. A key tool in advancing this objective is vulnerability to exploitation, discrimination and
comprehensive sexuality education (CSE) for both sexual violence, as well as to harmful practices
in-school and out-of-school youth. such as FGM and child, early and forced marriage.

30 Country Programme Document.


31 UNESCO (2018). International technical guidance on sexuality education. Published by UNESCO, UNAIDS, UNFPA, UN Women, UNICEF and WHO.
www.unfpa.org/sites/default/files/pub-pdf/ITGSE.pdf

Advancing Rights, Transforming Lives 42


It also reduces the risk of unintended pregnancies Maldives, or it was unable to address them due
and sexually transmitted diseases (STIs), to capacity constraints common to many Small
including HIV. Island Developing States. The situation has slowly
changed due in part to an increasingly cooperative
The benefits of providing high-quality CSE to in- relationship with UNFPA. The government
and out-of-school youth are proven32 yet many now both recognizes the scale and nature of
States have yet to include CSE in their national sociocultural challenges faced by Maldivian society
curricula. Indeed, many societies still discourage and acknowledges the need for CSE to address the
public discussion about sexual and reproductive root causes of those challenges.
health, and sexual behaviour more widely,
especially when it involves young people. The 2016–2020 United Nations Development
Assistance Framework (UNDAF) agreed between
Maldives is a relatively conservative Muslim- the government and the United Nations Country
majority country that, over recent decades, has Team stipulated under the strategic priority area
experienced a significant rise in the influence of for youth and children that “a special focus will
extremist religious ideologies.33 This has led to an be given to ensure that duty-bearers in Maldives
increase in various societal challenges including an are more accountable and responsive to young
increase in the number of child marriages, higher people’s rights to reproductive health information
incidence levels of FGM, growing societal tolerance and services” and that “the United Nations […]
of violence against women34, and a drop in school will advocate for and provide policy advice for
enrolment rates, particularly among girls. the progressive integration of comprehensive
reproductive health education”. This strategic
While there are no official figures on levels of priority area goes on to confirm that the United
abortion in the Maldives because abortion is Nations “will provide policy advice for the
illegal, available empirical and anecdotal evidence progressive integration of international-standard
suggests the practice is widespread, especially comprehensive reproductive health education in
among young people.35 This in turn leads to the school curriculum, as well as advocate for the
worrying levels of unsafe abortion, infanticide and establishment of a mechanism, for out-of-school
child abandonment. Some 21 pregnant (unmarried) young people to access quality reproductive
students had to drop out of their schools between health information”.
2017 and 2019, severely impacting their right to
education, among other rights. As noted above, Importantly, there seems to be strong support
these trends are in part fuelled by the growing among young people themselves for CSE. A 2009
influence of extremist religious groups, and Maldives Demographic and Health Survey youth
by a national legislative framework that often questionnaire showed that 92 per cent of youth
reflects their conservative ideology. For example, respondents believed that human sexuality and
the Sexual Offences Act indirectly criminalizes reproduction should be taught at school.
pregnancy out of wedlock, including for underage
girls who fall pregnant as a result of abuse.

At first. the government was perhaps reluctant


to effectively address these challenges due to
the growing influence of political Islam in the

32 Douglas B. Kirby, Ph.D.*, B.A. Laris, M.P.H., and Lori A. Rolleri, M.S.W., M.P.H. Sex and HIV Education Programs: Their Impact on Sexual Behaviors of
Young People Throughout the World. Journal of Adolescent Health 40 (2007) 206 –217. www.sidastudi.org/resources/inmagic-img/dd2891.pdf
33 National report 2nd UPR.
34 2011 baseline survey.
35 UNDAF 2016-2020.

Advancing Rights, Transforming Lives 43


ENGAGEMENT WITH THE UNITED NATIONS a number of important recommendations on these
HUMAN RIGHTS SYSTEM issues. The UNFPA Country Office has sought to
leverage the Maldives’ engagement with the UPR
process and the CEDAW Committee. It has done
Overview so via the review–implementation–reporting cycle
by feeding information about CSE into the reviews
z Maldives is Party to seven core human and by supporting the implementation of resulting
rights treaties, including CEDAW (since recommendations. As a result, these mechanisms
1993), and the Convention on the Rights have extended relevant recommendations to the
of the Child (1991). Maldives has reported Maldives on expanding and strengthening youth
four times to the CEDAW Committee (in access to SRHR information (both in-school and
2001, 2007, 2015 and 2021), and three out-of-school youth).
times to the Committee on the Rights of
the Child (1998, 2007 and 2016). Regarding engagement with the CEDAW
Committee, in its List of Issues ahead of the
z Maldives maintains a standing invitation Maldives’ 2015 and 2021 reviews, the CEDAW
to Special Procedures and has facilitated/ Committee requested information on the inclusion
completed nine visit requests as of the time of age-appropriate education on SRHR in the
of writing. national curriculum. This provided a hook for
the State (with UNFPA support) and the United
z The country has also undergone three Nations Country Team to feed information on this
reviews (2010, 2015 and 2020) under the matter into the Committee. UNFPA supported the
Universal Periodic Review. Ministry of Gender, Family and Social Services
(the ministry responsible for drafting the national
z Obligations under international human report) ahead of the Maldives’ 2021 dialogue with
rights law are reinforced by obligations Committee members. UNFPA provided technical
under the 2002 SAARC36 Convention on assistance throughout the review process. UNFPA
Regional Arrangements for the Promotion also coordinated the preparation of the United
of Child Welfare in South Asia, and its Nations Country Team’s alternative report.
commitments in the context of the 1994
ICPD. Regarding the latter, participating Following the reviews, the CEDAW Committee
States, including the Maldives, committed extended a number of recommendations on
themselves to ensuring a human rights- age-appropriate education on SRHR to the State.
based approach to health by, among other In 2015, the Committee recommended that
measures, providing universal access the Maldives should “ensure age-appropriate
to family planning and access to SRHR education on sexual and reproductive health
information as an essential component of and rights, including information about available
the right to reproductive health care. contraceptive methods and family planning,
in order to reduce the number of unwanted
pregnancies and early pregnancies and remove
CSE is an issue often overlooked by the main restrictions applied in practice by health care
human rights mechanisms. As such, only a limited personnel to unmarried girls”. In 2021, the
number of recommendations focus on the inclusion Committee recommended that the State should
of CSE in school curriculum, or on access to SRHR “ensure age-appropriate education on sexual
information for children, adolescents or youth and reproductive health and rights, including
more broadly. However, Maldives has received information about available contraceptive
methods and family planning”. The CEDAW
Committee’s concluding observations also touched
36 South Asian Association for Regional Cooperation upon related issues such as the training of teachers

Advancing Rights, Transforming Lives 44


in CSE, and how to respond to any opposition IMPLEMENTATION AND IMPACT
that teachers might face from more conservative
elements of society. The importance of cooperating with the State
to strengthen engagement with United Nations
Maldives attaches high-level political importance human rights mechanisms as a way of driving
to the State-to-State mechanism of the UPR and domestic improvements in the enjoyment of
has always sent a ministerial level delegation to human rights is reflected in both the 2016–2020
the UPR Working Group. This provides UNFPA UNDAF and the 2022–2026 UNSDCF. The
with an important entry point for cooperation and former noted that “enhanced participation in
dialogue with the government on issues related intergovernmental processes will be emphasized, as
to CSE and SRHR. UNFPA has gradually increased will implementation of accepted recommendations,
that engagement over the course of the three UPR particularly from the CEDAW Committee and
cycles, with positive results. the UPR,” while the latter states that “the UN will
support the Government and the National Human
The issue of CSE was entirely absent from the Rights Commission in the monitoring, reporting and
three “input” reports (the national, United Nations implementing the recommendations from the UPR
system, and “other stakeholders” reports), as well as CEDAW”.
submitted ahead of the Maldives’ first cycle review
in 2010. Consequently, no recommendations Through these two frameworks, and especially
on the subject were extended to the Maldives through support for the implementation of relevant
at the end of the review. During the second CEDAW Committee and UPR recommendations,
cycle, the three reports again made only limited UNFPA has been able to work with the
references to CSE and no recommendations Government of the Maldives as well as with
on CSE were extended by reviewing States. other national stakeholders to secure important
Although UNFPA had covered the issue in improvements in access to SRHR information,
its submission to the United Nations system especially for youth, and in the delivery of CSE.
compilation report, it was left out of that latter
report. By the time of the third cycle review in An important milestone in this regard was the
2020, things had changed significantly. SRHR adoption in 2016 of the Gender Equality Act.
and CSE featured more prominently in the UNFPA played a critical role in spearheading
three UPR input reports and, consequently, the the campaign to further strengthen the text of
Maldives received five recommendations on the initial draft bill that had been put forward in
the need to provide SRHR information to young the Majlis (parliament), including through the
people. Austria recommended that the Maldives integration of language on access to sexual and
“provide all young people with comprehensive reproductive health information. It did so by
information on sexual and reproductive health organizing a consultation with United Nations
and family planning”. Mexico urged the Maldives agencies and civil society organizations to
to “guarantee access to information, sexual review the draft bill and gather comments. These
and reproductive health services and planning comments were then formally presented to the
services, including […] for people under the age Social Committee of the Majlis, which is the
of 18 years”. Denmark called on the Maldives Committee responsible for drafting the bill. These
to “provide comprehensive sexuality education efforts contributed to the inclusion of subparagraph
as part of the school curriculum”. Each of these (d) in article 22 of the adopted Gender Equality
recommendations was accepted and supported by Act, which states that “as per the stipulations
the Maldives delegation. of the present Act, it is the responsibility of all
personnel in educational service institutions
to undertake the following: […] d) To equally
provide boys and girls with education related to
adolescent health”.

Advancing Rights, Transforming Lives 45


Importantly, the 2016 Gender Equality Act does school curriculum was launched in 2015 and
not restrict access to sexual and reproductive integrates “life skills education” which covers
health services and information to married components of SRH. Gaps remain when it
couples. Instead, it stipulates that there should comes to revision of SRH information in line with
be “availability without discrimination of direct international standards, especially regarding
benefit services, information on health, counselling subjects such as GBV, sexual abuse, exploitation,
and family planning services”. Gender equality harmful practices and unwanted pregnancies –
and provision of reproductive health information a fact recognized by the government in the context
and services to adolescents became a duty of the of its 2021 review before the CEDAW Committee.
government as a whole through adoption of this
new legislation. It therefore provided a strong legal
basis for the provision of sexual and reproductive
health information, including through CSE, across
the country.

These legislative and policy gains in turn have


provided the foundation to achieve further
improvements for adolescents. A new national

KEY
TAKEAWAYS
MALDIVES

1. The ability of UNFPA to channel 2. Working with the government,


information on CSE, together UNFPA has been able to secure
with relevant policy ideas, into the inclusion of key human
the reviews of the Maldives rights recommendations into
by the United Nations human the 2016–2020 UNDAF and
rights mechanisms has led to the the 2022–2026 UNSDCF. This
extension of more and stronger has, in turn, provided a platform
recommendations to the State on for cooperation towards the
expanding and improving youth implementation of those
access to SRHR information both recommendations, leading to
in-school and out-of-school. important improvements in access
to SRHR information, especially
for youth, and in the delivery
of CSE.

Advancing Rights, Transforming Lives 46


CHAPTER 4

UNFPA GLOBAL
NORMATIVE SUPPORT
ECOSYSTEM
EMPOWERING COUNTRY
OFFICES TO DELIVER IMPACT

To deliver on its strategic mission of a world where every pregnancy is wanted,


every childbirth is safe and every young person’s potential is fulfilled, UNFPA
has been applying a human rights-based approach to its work for many years. With
the adoption of the UNFPA Strategic Plan, 2022–2025, this approach has been
identified as one of six accelerators to achieve its six interconnected outputs, and
is further complemented by another accelerator focused on “leaving no one behind
and reaching the furthest behind”.

Advancing Rights, Transforming Lives 47


APPLYING A HUMAN RIGHTS- a Special Procedures thematic report or to provide
BASED APPROACH information on the situation in a given State
ahead of its review by a Treaty Body or the UPR
The UNFPA Strategic Plan requires country and Working Group.
regional offices to increase their normative work
related to SRHR, and to leverage the United THE REGIONAL DIMENSION
Nations human rights system more effectively. The
UNFPA Strategic Plan plan opens the door for more The first line of support is provided by gender
systematic and sustained engagement with the and human rights advisers in UNFPA regional
United Nations human rights system by UNFPA offices, which furnish country offices with technical
country and regional offices across the review– support for their engagement with the human
implementation–reporting continuum. rights mechanisms. This support can be demand-
driven and focused on specific requests (such as
GLOBAL NORMATIVE SUPPORT when a review is coming up) or can be of a more
ECOSYSTEM general nature. A package of learning modules has
been developed by the UNFPA East and Southern
The global normative support ecosystem for Africa Regional Office (UNFPA ESARO), for
UNFPA is made up of three distinct parts: gender example, on how UNFPA and other stakeholders
and human rights advisers at the regional offices; can engage with the UPR process in the context
a headquarters-based global human rights advisor; of promoting SRHR, as well as gender equality
and the UNFPA Representation Office in Geneva. more broadly.
Each of these elements provides distinct yet com-
plementary support to country offices, focused on: THE INTERNATIONAL
DIMENSION
z developing the capacity of country offices to
engage with the United Nations human rights While specific technical support to countries
mechanisms; is delivered predominantly through regional
advisers and headquarters, international political
z feeding information into the work of the United engagement lies firmly within the mandate
Nations human rights mechanisms with a view of the UNFPA Representation Office in Geneva,
to strengthening the normative framework for which engages with the Human Rights Council
the promotion and protection of SRHR; and its mechanisms.

z providing technical assistance to United Nations Regarding the UPR, the UNFPA Representation
Member States and intergovernmental bodies Office engages in the political dimensions of the
to further their understanding of SRHR and mechanism, while more technical support elements
build political support; and fall within the purview of the regional advisers
and the Technical Division at headquarters. The
z leveraging the work of the human rights Technical Division will alert country representatives
mechanisms to advance action and at the beginning of the year if the State where they
accountability on SRHR at country level. are based is due to be reviewed under the UPR.
The State will then be provided with an overview of
This support requires a mix of programming, recommendations related to the UNFPA mandate
technical, advisory and political engagement from the previous UPR cycle.
for which each part of the ecosystem has
a distinct role to play. The interaction between The UNFPA Representation Office primarily aims to
this ecosystem and country offices might vary ensure that the information generated by country
depending on the type of engagement required; offices reaches Permanent Missions in a timely
for example, whether it is to provide input for and effective manner and can thus be utilized

Advancing Rights, Transforming Lives 48


by reviewing States. It is mindful that the UPR is by UNFPA and its partners) on the right to sexual
a peer-review process. This approach is centred and reproductive health (article 12 of the ICESCR).
on empowering country offices and making them The increased engagement with the Committee
primary actors in the process, as they are the ones on the Rights of Persons with Disabilities is a good
with local expertise and country knowledge. example of a growing UNFPA focus on the 2030
Agenda principle of leaving no one behind.
This form of engagement has contributed to the
adoption of a higher number of SRHR-related The UNFPA Technical Division also engages
recommendations over recent years, including regularly with Special Procedures mandate-holders
some explicitly mentioning the Nairobi Summit during preparation of thematic reports. The
commitments on ICPD25. Technical Division coordinates the input received
from its country offices, and consolidates this into
At the global level, the UNFPA Technical Division coherent reports, which are in turn shared with the
has conducted a series of comprehensive relevant mandate-holder. In certain cases, such as
assessments of key SRHR trends at the conclusion when the topic of a thematic report is closely linked
of each UPR cycle. These assessments highlight to the organizational mandate of UNFPA itself,
the increasing attention received by SRHR issues, this engagement might be further strengthened
as well as good practices in terms of national through collaboration with the mandate-holder
implementation of UPR recommendations. to disseminate findings and recommendations –
thereby amplifying the reach of the report. This
Turning to the other human rights mechanisms, work has strengthened the normative framework
the UNFPA Technical Division has been active for SRHR, creating the conditions to help drive
in informing the normative framework on SRHR improvements in the enjoyment of human rights
by engaging with Treaty Bodies and Special on the ground, particularly in those places where
Procedures. Stronger engagement with the UNFPA has a country presence.
Committee on Economic, Social and Cultural
Rights was catalysed by the Committee’s 2016
general comment no. 22 (itself a result of advocacy

© UNFPA / Morocco

Advancing Rights, Transforming Lives 49


CHAPTER 4

CONCLUSIONS
AND
OBSERVATIONS

This report represents a contribution to the effort to document and advance the
integration of SRHR-related human rights recommendations in UNFPA-supported
country programmes. It does so by identifying and building on existing good practices,
while also addressing areas of potential empirical neglect.

Advancing Rights, Transforming Lives 50


The country examples presented in this report 2. C
 lose cooperation between United Nations
demonstrate that the United Nations human Country Teams and governments is critically
rights mechanisms, complemented by the wider important. It must also be understood that
United Nations system including UNFPA, have governments are not unitary entities, but
a measurable impact on the domestic enjoyment function through different “moving parts”
of human rights. The case studies provide with different interests and priorities making
anecdotal and empirical evidence of real-world the relationship of the United Nations with
change in support of sexual and reproductive relevant line ministries especially valuable.
health and rights. The case studies in this report note, for
example, the cooperation of UNFPA with
This change process starts with reporting, the Ministry of Health in Kazakhstan and
including States’ reports. In addition, significant the Ministry of Gender, Family and Social
influence has been exerted by alternative reports Services in the Maldives. Close cooperation
from UNFPA and other United Nations agencies, can lead to recommendations being taken up
as well as civil society reports. The reports in relevant laws, policies and national actions
influence the analyses and recommendations plans. Where this happens, the United Nations
of the Treaty Bodies and UPR mechanisms (the human rights system can have a demonstrable
Special Procedures mechanism works slightly significant impact on the enjoyment of human
differently). In turn, those recommendations rights in the country concerned. There are
influence and even shape States’ laws, policies also significant benefits to be seen where
and practices in the fields concerned. Further, country offices of United Nations agencies and
UNFPA and broader United Nations Country programmes work with bilateral donors present
Teams are working with States to support in the country to raise the profile of SRHR
domestic implementation of these laws, policies issues as in the case of the GIZ (Germany)
and practices and to measure change and impact. in Costa Rica, or to secure funding to support
Finally, information on progress feeds back into the implementation of UPR recommendations
the review–implementation–reporting cycle extended by that donor as in Kazakhstan.
via periodic national and alternative reports
to the mechanisms. 3. The United Nations human rights system
can have a significant impact on socially or
This analysis supports the credibility and culturally-sensitive topics in a given national
effectiveness of the United Nations human rights context. Because the work of the United
system. The research presented in this report gives Nations human rights mechanisms is based
rise to a number of observations: on cooperation with States themselves, the
mechanisms’ recommendations can have
1. The United Nations human rights system a powerful influence on national policies and
works because it is premised on the full practices. One example is the engagement of
involvement and engagement of States, which Côte d’Ivoire with Treaty Bodies and especially
are the primary human rights duty-bearers. with the UPR mechanism on the issue of FGM.
States sign and ratify the treaties and submit Another example is the repeal of in Jordan
periodic reports on compliance. Likewise, of article 308 of the Penal Code, also based
States submit national reports to, and appear on Treaty Body and UPR recommendations.
before, the UPR Working Group and Treaty Additional examples include progress in
Bodies, and solicit and welcome visits by Kazakhstan in engaging with the Treaty Bodies
Special Rapporteurs. States exercise ownership to strengthen the provision of sexual and
of the process and have a stake in its success, reproductive health services, as well as steps
enhancing their likelihood to implement the in the Maldives to acknowledge the need for
mechanisms’ recommendations. comprehensive sexuality education.

Advancing Rights, Transforming Lives 51


4. Implementation should be seen and pursued in the delivery of sexual and reproductive
as a democratic rather than a bureaucratic health services in Kazakhstan offers another
process, involving parliamentarians, judges, example. State engagement with the human
national human rights institutions (NHRIs) and rights mechanisms first focused on increasing
civil society. The case of Costa Rica highlights the availability of and access to Youth Health
this point. Here, UNFPA worked closely with Centres. It then focused on expanding the
the country’s NHRI to raise the profile of the range of services offered by those centres.
issue of obstetric violence both nationally Most recently, it encouraged the creation
and internationally. There is value in pursuing of Youth Friendly Health Centres that offer
both top-down and bottom-up approaches to a more holistic approach to sexual and
addressing human rights concerns, especially reproductive health.
when they relate to sensitive societal issues
such as SRHR.Two examples underscore the 6. This report also demonstrates the importance
importance of top-down practical approaches of engaging with all United Nations human
to implementation, notably the establishment of rights mechanisms – Universal Periodic
GBV platforms in Côte d’Ivoire and the growth Review, Special Procedures and Treaty
of Youth Friendly Health Centres in Kazakhstan. Bodies. It also demonstrates the importance
of engaging with each stage of the review–
Looking to bottom-up approaches, the case implementation–reporting cycle, on a perpetual
studies of Costa Rica and Côte d’Ivoire clearly basis. Where States, supported by UNFPA,
demonstrate the importance of shifting engage with several different mechanisms on
public opinion as a precursor to stronger a given subject, those mechanisms tend to
implementation measures. Many of the share information and analysis, and provide
recommendations of the CEDAW Committee stronger recommendations. In Costa Rica, the
to Côte d’Ivoire emphasize such an approach UNFPA submission to the Special Rapporteur
to eliminating FGM. This is in addition to on violence against women on the issue of
(not instead of) more typical top-down obstetric violence helped shape her report
recommendations. In Costa Rica, United on the subject to the Human Rights Council
Nations human rights recommendations helped and to raise the profile of the issue. Thereafter,
catalyse the Women’s Agenda, a ground- Costa Rica began to receive recommendations
breaking effort to mobilize civil society to help on this issue from both the Treaty Bodies and
inform national debates about important SRHR the UPR mechanism.
issues, and to promote their participation in
the process of implementing recommendations Each of the mechanisms has different strengths
extended by the CEDAW Committee. and weaknesses, and all must be leveraged
in order to move SRHR forward in a human
5. Drawing attention to the human rights rights context. Treaty Body recommendations,
implications of harmful practices or existing which are based on a State’s human rights
national policies to address those practices obligations, carry greater legal weight and
shifts an issue from the abstract to the tend to be more detailed and nuanced. Special
human: this offers a powerful communications Procedures recommendations, which are based
strategy. The campaign in Côte d’Ivoire to on country visits including meetings with
highlight the impacts of FGM on the rights government ministers, parliamentarians and
of women and girls is one example. At the NGOs, tend to be more politically realistic and
same time, it is important to remember that astute as illustrated by the 2011 visit to Jordan
real human rights change does not happen by the Special Rapporteur on violence against
overnight. It takes time and is usually based women. UPR recommendations, which are
on incremental steps towards a final objective. a function of intergovernmental dialogue, tend
Quantitative and qualitative improvement to carry more political weight and have become

Advancing Rights, Transforming Lives 52


increasingly engaged on the issue of SRHR over dialogues with Treaty Bodies and can be used
the past 15 years. The Jordanian Government, to focus those dialogues on, for example, State
for example, attaches high political importance progress with the implementation of previous
to UPR recommendations. Côte d’Ivoire recommendations, or new policy ideas to
received only four recommendations on FGM further strengthen implementation.
in 2009, yet received 10 recommendations
on the subject a decade later. Many of 8. T
 he review–implementation–reporting cycle is
those recommendations are politically ongoing and permanent. Efforts of government
realistic, such as calling on the State to take ministries and/or civil society, supported by
forward culturally-sensitive awareness- the United Nations Country Team, do not stop
raising campaigns about the human with adoption of a new law, but must continue
rights implications of FGM as an essential so as to ensure that the law is implemented,
precursor to any further policy and/or and to ensure that progress is not reversed. In
legislative measures. Côte d’Ivoire, although Law number 98-757
was passed in line with the State’s human
7. There is value in generating more and better rights obligations and criminalized the act of
SRHR recommendations from the mechanisms performing FGM, for many years the law was
to States. The quantitative analyses and case not effectively implemented. To ensure effective
studies presented in this report show positive implementation, civil society, with the support
trends in this regard. However, more needs to of UNFPA and other parts of the United
be done. More of the reviewing States in the Nations system, continued to engage with
UPR Working Group and from all regions should Treaty Bodies, leading to recommendations
extend SRHR recommendations to States under to train the police and judiciary, especially
review, for example. Another observation is by sensitizing them on the human rights
that the engagement of the United Nations consequences of FGM. Regarding vigilance
and national civil society with a State’s periodic to guard against reversal, the case of Jordan
reporting processes for Treaty Bodies or UPR is instructive. Civil society quickly mobilized
can help to sharpen recommendations by with UNFPA support when the National
tailoring them to the evolving national context. Gazette published a reformulated version of
This is true even where the United Nations the already-repealed article 308 of the Penal
human rights mechanisms have already been Code, effectively reintroducing provisions that
active on a given SRHR concern. In Côte d’Ivoire, allowed rapists to avoid punishment. Civil
civil society alternative reports to Treaty Bodies society actors were able to confirm that it was
played a key role in informing recommendations, published by mistake.
and thereby gradually shifting public opinion in
the country in favour of the elimination of FGM. 9. The Jordan case study also showcases the
Likewise, in Jordan, UNFPA worked closely with value of continuously tracking and measuring
civil society organizations to ensure that the implementation of United Nations human
latter’s alternative reports accurately reflected rights recommendations, to accurately
the situation of GBV in the country, and thus report back to the mechanisms, and inform
informed useful recommendations. future recommendations. Here, ahead of
the 2018 (third cycle) UPR review, UNFPA
The country examples in this report suggest and UNICEF prepared a joint submission
that an increasingly effective strategy for including a matrix detailing implementation
United Nations agencies and programmes, as actions for second cycle recommendations.
well as national civil society organizations, is This submission formed the backbone of the
to use reporting to Treaty Bodies to influence United Nations system’s report ahead of the
the content of lists of issues prior to reporting 2018 review. A related good practice comes
(LIOPR). These LIOPR inform States Parties’ from Kazakhstan, where the UNFPA Country

Advancing Rights, Transforming Lives 53


Programme Action Plan 2016–2020 was based
on an analysis of implementation gaps as
compared with earlier United Nations human
rights recommendations.

10. Data collection, both at the outset to assess


the scale and nature of a given human rights
challenge and feed that information into the
mechanisms, and to inform relevant United
Nations strategies and plans, is a critical
component of the perpetual assessment of
effectiveness of the United Nations human
rights system relative to SRHR. A case in
point comes from Côte d’Ivoire where national
surveys on the issue of FGM conducted by the
government with UNFPA and UNICEF support
in 2011 and 2019, served to inform periodic
reports to, and the recommendations generated
by, the CEDAW Committee.

CALL
TO ACTION

This analysis underscores the mandates; and UNFPA can increase


important role that United Nations impact through more systematic and
human rights mechanisms play in comprehensive engagement with
advancing the ICPD agenda. UNFPA the mechanisms. This in turn will
has an important normative role in ensure more credible, practical and
influencing these mechanisms and transformative recommendations
in working to operationalize human by the United Nations human
rights norms at the country level. Yet rights system in efforts to support
more can be done. The mechanisms Member States advance their
can pay more attention to SRHR international human rights obligations
issues as part of their monitoring and commitments.

Advancing Rights, Transforming Lives 54


ANNEX:
METHODOLOGY
FOR COUNTRY
CASE STUDIES

The country examples are based on an analysis of UPR, Special Procedures and Treaty
Body recommendations to the States concerned; relevant UNDAF and UNSDCF
documents; Common Country Assessments (CCAs); UNFPA reports, plans and other
documentation; and interviews with UNFPA offices. The analysis uses the theoretical
framework of the review–implementation–reporting cycle with its four phases. It covers
four key areas.

Advancing Rights, Transforming Lives 55


1. T
 he analysis covers States’ national reports 4. T
 he analysis covers the impact of new policies,
to the UPR and relevant Treaty Bodies, as well laws, practices and other implementation
as UNFPA and/or United Nations Country measures as well as the related support
Team so-called shadow reports to these provided by UNFPA. This is based on the
mechanisms when available. These reports degree to which progress could be tracked
are further complemented by shadow reports and measured.
submitted to the mechanisms by NHRIs and
civil society organizations. Taken together these In short, the analysis has sought to understand key
reports provide comprehensive and objective national and international inputs into human rights
information on the contemporary situation of compliance reviews by the three main United
SRHR and women’s rights more broadly in the Nations human rights mechanisms, and to match
country concerned, and on the degree to which those inputs with relevant outputs from the reviews
SRHR-related recommendations issued during (i.e. recommendations). It then followed those
previous reviews have been implemented recommendations back to the domestic level to
by the State. track implementation and measure impact/change.
Finally, the analysis looked at the degree to which
2. T
 he analysis covers the degree to which that “tracking” and measurement information
UNFPA engagement with the mechanisms is fed back into the review–implementation–
(e.g. submission of shadow reports, briefings reporting cycle.
to the mechanisms, and or support to civil
society organizations participating in the review
process) have influenced the mechanisms’
reviews of domestic compliance and progress,
and therefore the recommendations that
were issued to the State under review. This
looks at, for example, how closely those
recommendations match the country-specific
information, needs assessments and proposals
presented by UNFPA.

3. T
 he analysis covers the level of support
provided by UNFPA offices to the States
concerned to help them implement specific
SRHR-related recommendations, and thereby
strengthen the enjoyment of human rights at
the domestic level. This might be direct support
to the government (e.g. capacity building,
consultancies, assistance with development of
guidelines and national action plans) or indirect
support via cooperation with other relevant
stakeholders, including parliamentarians,
civil society organizations or the media. It
is important to note that responsibility for
implementing United Nations human rights
recommendations lies with the State concerned,
not with UNFPA, which only serves as a partner
and an advocate to support and encourage
state implementation.

Advancing Rights, Transforming Lives 56


Delivering a world where every
pregnancy is wanted, every
childbirth is safe and every young
person’s potential is fulfilled

United Nations Population Fund


Technical Division
605 Third Avenue
New York, NY 10158
Tel. +1 212-297-5000
www.unfpa.org
@UNFPA

© UNFPA and the Universal Rights Group, July 2023

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