Friday 10 July 2015

A human rights-based approach to maternal health

Maternal Health

Maternal health refers to the health of women during pregnancy, childbirth and the postpartum period.

A Human Rights-Based Approach

There is no clear definition of a human rights-based approach, but these approaches within the development field generally seek to empower people to claim their human rights, and support duty-bears to deliver particular services anchored by human rights.

Human Rights-Based Approaches to Maternal Health

Human rights-based approaches to maternal health therefore seeks to empower women during pregnancy, childbirth and the postpartum period to enjoy and claim their rights, as well as build the capacity of duty-bearers to deliver maternal health services.

A human rights-based approach to maternal health aims at supporting better maternal health outcomes by analysing and addressing the inequalities, discriminatory practices (de jure and de facto) and unjust power relations which can be at the heart of maternal morbidity and mortality.



The conceptual framework for a human rights-based approach to maternal health rests upon a number of international human rights treaties [1] and general comments, recommendations and concluding observations of several treaty bodies; recognising that maternal mortality implicates a wider range of human rights and recommending that States parties take effective measures to improve maternal health.[2]

Human rights-based approaches to maternal health are informed by two reports produced by the Office of the United Nations High Commissioner for Human Rights (OHCHR). The first OHCHR report identifies seven human rights principles fundamental for understanding maternal mortality and morbidity as a human rights issue: accountability, participation, transparency, empowerment, sustainability, international assistance and non-discrimination.[3] The second OHCHR report outlines categories of good practices to address maternal mortality and improve maternal health in compliance with human rights obligations.[4] 

State parties should do all they can to ensure that maternal health care services are available to everyone in their jurisdiction. This includes facilities, adequate human resources and drugs, supplies and equipment. Maternal health services should also be accessible to everyone without discrimination. This includes safe physical accessibility for all, economic accessibility, including to women living in poverty, and access to information. Maternal health care should be acceptable, respectful of individuals, their culture, sensitive to gender and includes the principle of confidentiality. Finally, maternal health services should be of adequate quality, which requires skilled health workers and respect for evidence-based norms and standards.[5] 

Overall, a human rights-based approach to maternal health can be viewed as a conceptual framework that is normatively based on international human rights standards and norms relevant to maternal health.





[1] These including the International Covenant on Civil and Political Rights (ICCPR); the International Covenant on Economic, Social and Cultural Rights (ICESCR); and the Convention on the Elimination of All Forms of Discrimination against Women.
[2] See for example: Concluding observations of the Committee on the Elimination of Discrimination against Women: Algeria (A/60/38), para. 131; Czech Republic (A/57/38), para. 85; India (CEDAW/C/IND/CO/3), para. 40; Saint Kitts and Nevis (A/57/38), para. 88; Sri Lanka (A/57/38), para. 217; Turkey (CEDAW/C/TUR/CC/4-5), para. 38; concluding observations of the Human Rights Committee: Bolivia (CCPR/C/79/Add.74), para. 22; Libyan Arab Jamahiriya (CCPR/C/79/Add.101), para. 9; Mongolia (CCPR/C/79/Add.120), para. 8(b); Paraguay (A/51/38),para. 123; Senegal (CCPR/C/79/Add.82), para. 12; concluding observations of the Committee on the Elimination of Racial Discrimination (CERD): Benin (E/C.12/BEN/CO/2), para. 25; Brazil (E/C.12/1/Add.87), para. 27; China (E/C.12/1/Add.107), para. 36; Democratic People’s Republic of Korea (E/C.12/1/Add.95), para. 23; Mexico (E/C.12/MEX/CO/4), para. 25; Morocco (E/C.12/MAR/CO/3), para. 13(f); Paraguay (E/C.12/PRY/CO/3), para. 21; Poland (E/C.12/1/Add.82), para. 29; Senegal (E/C.12/1/Add.62), para. 26; concluding observations of the Committee on the Rights of the Child: Argentina (CRC/C/15/Add.187), para. 46; Azerbaijan (CRC/C/AZE/CO/2), para. 49(b); Benin (CRC/C/BEN/CO/2), para. 51; Botswana (CRC/C/15/Add.242), para. 48; Colombia (CRC/C/COL/CO/3), para. 68(b); Philippines (CRC/C/PHL/CO/3-4), para. 55; Yemen (CRC/C/15/Add.128), para. 55(c).
[3] UN Human Rights Council, 'Report of the Office of the United Nations High Commissioner for Human Rights on Preventable Maternal Mortality and Morbidity and Human Rights.' (2010)  A/HRC/14/39
[4] UN Human Rights Council, 'Practices in Adopting a Human Rights-Based Approach to Eliminate Preventable Maternal Mortality and Human Rights,' (2011) A/HRC/18/27
[5] UN Human Rights Council, "Preventable Maternal Mortality and Morbidity and Human Rights." (2012) A/HRC/RES/21/6