Finding and Using a Countrys Human Rights Obligations

Finding and Using a Country's Human Rights Obligations to Improve Reproductive Health and HIV/AIDS Outcomes 1

Human Rights Are Important in Reproductive Health Advocacy Human rights can be strategic means of elevating health to the level of a legal entitlement and, thus, for improving reproductive health and HIV/AIDS policy. 2

What Are Human Rights? l Human rights set minimum standards for how individuals and institutions everywhere should treat people. l Human rights also empower people with a framework for action when those minimum standards are not met. 3

Human rights can be used… As a way to identify issues for advocacy l As language to convince policymakers to do whatever is advocated for l As a reminder for policymakers of their obligations and the international community's scrutiny of these obligations l 4

Human Rights Documents List Legally Binding Human Rights International human rights documents enumerate rights that all people need for the realization of good reproductive health. 5

International Human Rights documents offer a blueprint for challenging RH and HIV/AIDS issues l International HR documents define reproductive health and HIV/AIDS problems. l International HR documents obligate countries to take specific actions to protect and promote human rights and to prevent rights violations. 6

Where Can I Find My Country’s Human Rights Obligations? The Human Rights Matrix sets out the international human rights agreements most important to reproductive and maternal health, family planning, and HIV/AIDS. 7

Using the Matrix l l l Think of a RH or HIV/AIDS problem and the human rights this situation implicates. Find the human rights your country must uphold. See which International Human Rights Documents explain these rights. Under International Consensus Statements, see what standards are giving for the realization of these rights. Cite the human rights law and language accessible on the Matrix in advocacy statements, policy documents, and proposals and use as a basis for a rights-based 8 RH or HIV/AIDS policy.

Example: Inequitable Inheritance – Property and intestate succession practices that favor men or male heirs over women or female heirs l Human Rights Implicated: l Definition – right to non-discrimination on the grounds of sex or gender – right to development 9

Example: Inequitable Inheritance Must your country change inequitable inheritance practices? l Select your country from those listed on the Matrix. For example… Kenya 10

Example: Inequitable Inheritance l The Matrix shows us that Kenya is required by international law to protect and promote many human rights, including the: – Right to development – Right to non-discrimination on grounds of marital status – Right to non-discrimination on grounds of sex and gender 11

Example: Inequitable Inheritance l “Click” on Right to non-discrimination on grounds of sex and gender. This right is explained in: – Legally Obligating Documents, such as • African (Banjul) Charter on Human and People's Rights • Convention on Elimination of All Forms of Discrimination Against Women • International Covenant Economic, Social and Cultural Rights – Standard Setting Documents, such as • Beijing +5: Further Actions and Initiatives to Implement the Beijing Platform for Action • UN Special Session on HIV/AIDS (UNGASS) Declaration of Commitment • Universal Declaration of Human Rights 12

Example: Inequitable Inheritance l “Click” on the Convention to Eliminate All Forms of Discrimination Against Women. This legallybinding document explains Kenya’s obligation to uphold: – non-discrimination on grounds of sex and gender Article 2 States Parties …agree… (f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women – non-discrimination on grounds of marital status Article 16 (1) States Parties … shall ensure… (h) The same rights for both spouses in respect to the ownership, acquisition, management, administration, enjoyment and disposition of property. . . 13

Example: Inequitable Inheritance l “Click” on Beijing +5: Further Actions and Initiatives to Implement the Beijing Platform for Action. This Standard Setting Document sets out guidelines for Kenya in – non-discrimination on grounds of sex and gender Section 68 (h ) Ensure that national legislative and administrative reform processes. . . promote women’s rights, particularly those of rural women and women living in poverty, and take measures to promote and implement those rights through women’s equal access to and control over economic resources, including land, property rights, right to inheritance, credit and traditional saving schemes… 14

Example: Inequitable Inheritance l From the human rights language on the Matrix, identify advocacy strategies and remedies for inequitable inheritance: – Advocacy - CEDAW and Beijing +5 direct Kenya to • repeal inheritance laws that discriminate against women; • prohibit dual systems of law, civil and traditional, and must adopt one standard applicable to all; • ensure that the law sets out an effective remedy for violations of women’s rights to non-discrimination in inheritance practices. – Remedies – Kenyan health advocates can report to the CEDAW Committee, which reviews Kenya’s compliance with its CEDAW obligations and achievement of goals set in 15 standard setting documents.