Finding and Using a Country's
Human Rights Obligations
to Improve Reproductive
Health and HIV/AIDS
Outcomes
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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.
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What Are Human Rights?
Human rights set minimum
standards for how individuals and
institutions everywhere should treat
people.
 Human rights also empower people
with a framework for action when
those minimum standards are not
met.
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Human rights can be used…

As a way to identify issues for advocacy
 As language to convince policymakers to
do whatever is advocated for
 As a reminder for policymakers of their
obligations and the international
community's scrutiny of these obligations
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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.
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International Human Rights
documents offer a blueprint for
challenging RH and HIV/AIDS issues
International HR documents define
reproductive health and HIV/AIDS
problems.
 International HR documents obligate
countries to take specific actions to
protect and promote human rights
and to prevent rights violations.

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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.
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Using the Matrix

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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
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RH or HIV/AIDS policy.
Example: Inequitable Inheritance
Definition – Property and intestate
succession practices that favor men or
male heirs over women or female heirs
 Human Rights Implicated:

– right to non-discrimination on the grounds
of sex or gender
– right to development
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Example: Inequitable Inheritance
Must your country change inequitable
inheritance practices?

Select your country from those listed
on the Matrix. For example…
Kenya
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Example: Inequitable Inheritance

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
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Example: Inequitable Inheritance

“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
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Example: Inequitable Inheritance

“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...
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Example: Inequitable Inheritance

“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…
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Example: Inequitable Inheritance

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
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standard setting documents.