ࡱ> dcL( )/ 0DArialr New0tt8 0DWingdingsw0tt8 0 DCourier New0tt8 01@ .  @n?" dd@  @@`` 8_-, 38 0AA@FlO ʚ;:2ʚ;g4KdKdtE 0vppp@ <4dddd@k 0t8 <4BdBd@l 0tx<4!d!d@l 0t6^___PPT10> .&HaiderA.___PPT9X ?  %@>[Promoting Government Accountability Around Maternal Mortality and Restrictive Abortion Laws\\(R Elisa Slattery Center for Reproductive Rights March 1, 2007 Barcelona, Spain 2RPPROverviewGovernment accountability in the human rights framework for maternal mortality and unsafe abortion Strategies and case studies Documenting violations to advocate for policy change Mali maternal mortality report Nepal abortion law reform Using litigation to ensure policy implementation Paulina case (Mexico) Maternal Mortality (case pending so details limited) Shadow reporting (Kenya) 591K 591K  1$$Sources of rights and accountability%%(International treaties and conference/consensus documents Treaty monitoring body recommendations, observations, and decisions Regional human rights instruments and mechanisms National laws and constitutions (Women s Rights Protocol: Explicit statement of health and reproductive rightsNN Article 14 Health and Reproductive Rights 1. States Parties shall ensure that the right to health of women, including sexual and reproductive health is respected and promoted. & . 2. States Parties shall take all appropriate measures to: a) provide adequate, affordable and accessible health services& .especially& in rural areas; b) establish and strengthen existing pre-natal, delivery and post-natal health and nutritional services for women during pregnancy and while they are breast-feeding; c) protect the reproductive rights of women by authorising medical abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health of the mother or the life of the mother or the foetus.&P) Key rights Right to life (contained in most constitutions as well as treaties) Right to health Right to non-discrimination (contained in most constitutions as well as treaties) Right to be free from inhuman and degrading treatment (customary international law, HRC has recognized this right in abortion context KL v. Peru) Right to dignity Right to reproductive self-determination hr" 6,57\:0Maternal Mortality and Restrictive Abortion laws11(Human rights bodies have explicitly recognized the link between maternal mortality and unsafe abortion Less recognized are the many health consequences from unplanned/unwanted pregnancies that women cannot terminate due to restrictive abortion laws Maternal morbidity e.g., fistula and mortality Mental health effects Inability to get treatment for certain illnesses/conditions worsened by pregnancy e.g., Tysiac v. Poland case, Marta Zulay Gonzalez (Colombia) rZZZ&0What Kind of Obligations Do Human Rights Create?11(To respect: requires states to refrain from interfering directly or indirectly with enjoyment of a right (negative obligation) To protect: Obligation to protect rights requires states to take measures that prevent third parties from interfering with enjoyment of a right (third party actors) To fulfill: requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures towards the full realization of a right (positive obligation) ZZiZZ`qTools to Access Rights( Fact-Finding: Identifying the disparities between legal guarantees  both at the international and national level  and the situation on the ground. It is a critical step in assessing access to rights and a powerful advocacy tool. Litigation: Litigation in national and international fora, such as that brought by the Center, plays a key role in both setting precedents and ensuring government accountability through the use of international human rights standards. Shadow reporting: Provides supplemental information to track compliance with treaties and helps give content to rights in treaties PPrP  r0 !7Mali: Documenting Violations Around Maternal Mortality 88( Goals: To assess gap between national and international legal commitments and reality on the ground To offer recommendations to government so that it could meet its legal obligations to Malian women Using an accountability strategy for an issue that, in 2001, was not usually treated as a human rights issue at that time. Maternal mortality--largely preventable--should be treated as government failure, but human rights legal framework and government obligations were not clearly articulated. Outcomes: Identified range of factors contributing to high maternal mortality in Mali Submitted a report to the UN Human Rights Committee in 2003 strong recommendation on maternal mortality. Developing maternal mortality as area of concern for human rights community: UN Special Rapporteur for Health (Report of General Assembly in Oct. 2006) Led CRR to pursue accountability and litigation strategies for maternal mortality cases in other parts of the world PPP PP.PNPPPP ,N    Nepal: Law Reform0Total abortion ban with no exceptions, except for  welfare (not defined in law) Maternal mortality rate among highest in world Abortion considered homicide, many women imprisoned for abortion-related offenses Strategy--Fact finding mission, Lobbying Advocacy kit, National Convention Parliament adopted Eleventh Amendment to National Code (2002): Abortion permitted: First 12 weeks - on request Up to 18 weeks - rape or incest At any time requires the recommendation of an authorized medical practitioner and her voluntary consent PTPHP\PP" P?H\  DMexico: Litigating to Ensure Implementation of Existing Abortion LawEE zPaulina case: 13 year old girl raped, denied access to abortion even though permitted in cases of rape Inter-American Commission friendly settlement Redress for Paulina Specific government guidelines Administrative processes so that legal pregnancy terminations are carried out promptly without delay tactics or invoking other circumstances Legal termination to be provided at no cost as component of health-care services for the prevention of maternal mortality Provide care that meets the highest standard of quality and safety and makes use of most advanced technologies:PP3vWFighting for National Policies on Maternal Mortality Through International Litigation XV (jCase Background: X was 14 weeks pregnant and went to a local clinic complaining of nausea and abdominal pain. Repeated clinic visits each time sent home. She started bleeding, discovered that fetus had been dead inside of her for some time. Went into a coma at the clinic. Complications arose and she needed to be transferred from the local clinic to the nearest hospital. No ambulance so X s mother paid for a private ambulance and X was taken to a hospital. Didn t receive needed care there and died unattended to in hospital hallway. Goals of Litigation To change national policies and force the creation of regulation of reproductive health care To establish complaint mechanisms for persons to seek redress when reproductive health care is sub-standard To obtain compensation and redress for X s family #P!P PPShadow reporting: Kenyaz Unsafe abortion is cause of 30-40% of maternal deaths in Kenya. FIDA Kenya and CRR submitted shadow letters to HRC and CRC on harmful effects of restrictive abortion law. HRC 2005: Expressed concern about high maternal mortality rates in Kenya, caused in part by  a high number of unsafe or illegal abortions. Called upon Kenya to improve access to family planning services and bring its abortion laws into conformity with the Covenant. CRC 2007: Expressed concern over the high rates of teenage pregnancies, the criminalisation of the termination of pregnancies in cases of rape and incest and its contribution to the elevated incidence of maternal mortality among adolescent girls. ?0P0PP0P0P Observations0Change usually requires combination of strategies Adapting to each national context Importance of illustrating systemic problems Identifying areas government can change that include more than resource allocation Challenge is not only changing policies/laws but ensuring that positive ones are implementedj2"-S]2"-S]//"$%&'   0` 33` Sf3f` 33g` f` www3PP` ZXdbmo` \ғ3y`Ӣ` 3f3ff` 3f3FKf` hk]wwwfܹ` ff>>\`Y{ff` R>&- {p_/̴>?" dd@,|?" dd@   " @ ` n?" dd@   @@``PR    @ ` ` p>> $(    6  `}  T Click to edit Master title style! !  0h  `  RClick to edit Master text styles Second level Third level Fourth level Fifth level!     S  0 ^ `  X*  0М ^   Z*  0` ^ `  Z*H  0޽h ? 3f3ff80___PPT10." 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Elisa Slattery Center for Reproductive Rights  {)$R`H  0޽h ? 3f3ff80___PPT10.[4 0 @P,(  P^ P S H0K   B P c $BH =)  B " H P 0i ? 3380___PPT10.s 0 0,(  ^  S H0K   B  c $BH =)  B " H  0i ? 3380___PPT10.' tH 0  @X(  @d @ c $H0K   B @ s *BH =)  B B.It can also lay the groundwork for litigation.H @ 0i ? 3380___PPT10.:U37s 0  (  X  C H0K   B  S ̥BH =)  B " H  0i ? 3380___PPT10.SUCv( 0 8(  d  c $H0K   B  s *,BH =)  B " H  0i ? 3380___PPT10.!n0mdQ 0 (  d  c $H0K   B   s *BH =)`  BH@___PPT9" I ,oH  0i ? 3380___PPT10.1P%l 0  |(  d  c $H0K   B  s *BH =)  B fRBecause this is pending litigation, specific details of the case must be withheld.H  0i ? 3380___PPT10.MUkr@LSbi Vdk[)]/1]gQrtpp ym;vP/{g}ׁVOh+'0( `h    ($Abortion as a Human Rights IssueElisa SlatteryCristina Ruiz Fernndez52Microsoft Office PowerPoint@ 1-@ @N9fGg  t<  y--$xx--'@Arial-. '2 %"Promoting Government ."SystemP:-@Arial-. 62 0Accountability Around Maternal .-@Arial-. <2 ;#Mortality and Restrictive Abortion .-@Arial-.  2 EFLaws.-@Arial-. 2 QpElisa Slattery.-@Arial-. 62 VQCenter for Reproductive Rights .-@Arial-. 2 [nMarch 1, 2007 .-@Arial-. 2 `jBarcelona, Spain.-՜.+,0   $, 4 +Presentacin en pantalla Center for Reproductive Rights Arial Wingdings Courier NewDefault Design\Promoting Government Accountability Around Maternal Mortality and Restrictive Abortion Laws Overview%Sources of rights and accountabilityNWomens Rights Protocol: Explicit statement of health and reproductive rights Key rights 1Maternal Mortality and Restrictive Abortion laws1What Kind of Obligations Do Human Rights Create?Tools to Access Rights8Mali: Documenting Violations Around Maternal Mortality Nepal: Law ReformEMexico: Litigating to Ensure Implementation of Existing Abortion LawXFighting for National Policies on Maternal Mortality Through International Litigation Shadow reporting: Kenya ObservationsDiapositiva 15 Fuentes usadasPlantilla de diseoTtulos de diapositiva/_Cristina Ruiz FernndezCristina Ruiz Fernndez  !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJLMNOPQRTUVWXYZ\]^_`abeRoot EntrydO)Current User[SummaryInformation(KPowerPoint Document(DocumentSummaryInformation8S