Human Rights Council 20th Anniversary: Barriers and Breakthroughs for Reproductive Rights

The 62nd session of the United Nations Human Rights Council (HRC), held in Geneva from June 12th to June 30th, 2023, presented a complex and challenging landscape for the advancement of sexual and reproductive health and rights (SRHR). Against a backdrop of escalating global backlash against gender equality and diminishing resources for civil society organizations, the Center for Reproductive Rights (CRR) demonstrated its unwavering commitment and strategic influence in defending and progressing these fundamental human rights. Over the course of three and a half weeks, the CRR’s Global Advocacy team, in close collaboration with an extensive network of international partners and supportive State delegations, engaged in intensive negotiations, contributed vital feminist expertise, and worked to solidify crucial gains on SRHR within the international human rights framework.

For two decades, the UN Human Rights Council has served as a critical global forum for setting norms, scrutinizing human rights violations, and demanding accountability for victims. Convening three times annually, the HRC brings together State representatives, UN human rights experts, and civil society actors from across the globe to address a diverse range of thematic human rights issues and country-specific crises. The June session has historically been designated as the Council’s “gender” session, a period when resolutions pertaining to gender equality and women’s rights typically take center stage, making it a period of intense activity and strategic engagement for organizations like the CRR.

This year’s June session unfolded against a particularly challenging geopolitical and socio-economic climate. The multilateral system is experiencing significant strain, with deep funding cuts impacting feminist and human rights organizations precisely at a time when coordinated opposition to gender equality and reproductive rights is intensifying. For civil society organizations dedicated to these causes, the imperative extends beyond mere progress; it involves a crucial effort to safeguard existing achievements against regressive forces. Despite these formidable obstacles, the 62nd session witnessed several breakthrough moments that successfully elevated the visibility and urgency of SRHR on the international human rights agenda.

Progressing Global Human Rights Standards Through Strategic Advocacy

The Center for Reproductive Rights’ impact at the HRC is meticulously cultivated long before delegates convene in negotiating rooms. Months prior to the opening of the 62nd session, the CRR engaged in proactive work with a coalition of States and civil society partners to identify strategic opportunities for strengthening existing human rights protections and advocating for new language that would advance SRHR. This groundwork laid the foundation for sustained advocacy throughout the session, which involved a multifaceted approach encompassing direct engagement with government delegations, active participation in complex resolution negotiations, rapid analysis of evolving draft texts, robust coordination of civil society coalitions, and public advocacy efforts aimed at ensuring that resolutions retained strong and unambiguous language on reproductive autonomy, gender equality, and accountability for violations.

The CRR’s dedicated efforts were instrumental in shaping three pivotal gender-related resolutions that directly addressed critical aspects of SRHR. These resolutions, a culmination of months of diplomatic engagement and expert input, aimed to:

• Strengthen Language on Gender-Based Violence: The CRR advocated for the inclusion of comprehensive language that explicitly recognizes and addresses gender-based violence in all its forms, including sexual violence and violations of reproductive autonomy, as a grave human rights violation. This involved pushing for accountability mechanisms and emphasizing the state’s obligation to prevent, investigate, and prosecute such crimes. The inclusion of this language is particularly significant given the global rise in reported cases of gender-based violence, exacerbated by conflict and humanitarian crises. Data from UN Women indicates that globally, an estimated 45% of women have experienced either physical or sexual violence from an intimate partner or sexual violence from a non-partner, or both. Strengthening international legal frameworks and commitments to address this is paramount.

• Advance Reproductive Autonomy and Rights: A central focus of the CRR’s advocacy was ensuring that resolutions unequivocally affirmed the right of all individuals to make decisions about their own bodies and reproductive lives without coercion, discrimination, or violence. This included advocating for access to comprehensive sexual and reproductive health services, including safe abortion, contraception, and information, as essential components of the right to health. The Center’s expertise in international human rights law was crucial in framing these demands within established legal principles, countering attempts to restrict or redefine these rights through restrictive interpretations. The World Health Organization (WHO) estimates that unsafe abortions contribute to approximately 4.7% of maternal deaths globally, underscoring the life-saving importance of access to safe abortion services.

• Promote Gender Equality and Accountability: The CRR worked to ensure that resolutions fostered genuine gender equality by addressing discriminatory laws and practices that impede women’s full participation in public and private life. This included advocating for the integration of a gender perspective across all human rights issues discussed by the Council and emphasizing the need for robust accountability mechanisms to address systemic discrimination and human rights violations. The push for accountability is crucial in holding States responsible for their obligations under international human rights law and ensuring that victims of violations have access to justice and remedies.

The collaborative nature of this advocacy was highlighted by a joint civil society overview of the session, which provided a comprehensive analysis of the resolutions adopted and their implications for human rights globally. This overview is accessible through resources like the International Service for Human Rights (ISHR) website, underscoring the collective efforts of civil society in shaping the HRC’s agenda.

Convening Crucial Conversations and Fostering Dialogue

Beyond formal negotiations, side events at the HRC serve as indispensable platforms for advocates, human rights defenders, and State representatives to engage in vital dialogues, raise awareness about critical issues, and foster a deeper understanding of complex human rights challenges. During the 62nd session, the Center for Reproductive Rights co-sponsored two significant side events, strategically designed to amplify the voices of marginalized communities and underscore the interconnectedness of SRHR with broader human rights frameworks.

One of these events focused on “The Intersectionality of Rights: Addressing Discrimination in Access to Sexual and Reproductive Healthcare.” This panel brought together experts, activists, and individuals with lived experiences from diverse backgrounds, including LGBTQ+ individuals, women with disabilities, and those living in conflict-affected regions. The discussions highlighted how intersecting forms of discrimination – based on gender identity, sexual orientation, disability, race, ethnicity, and socioeconomic status – create significant barriers to accessing essential SRHR services. Participants shared harrowing accounts of being denied care, facing stigma, and experiencing human rights violations due to discriminatory practices embedded within healthcare systems. The event underscored the urgent need for a rights-based approach that recognizes and addresses these overlapping vulnerabilities, ensuring that no one is left behind in the pursuit of health and autonomy. The impact of such discrimination can be quantified by studies showing significantly higher rates of unmet health needs among marginalized populations. For instance, research consistently demonstrates that LGBTQ+ individuals face elevated risks of discrimination within healthcare settings, leading to delayed diagnoses and inadequate treatment.

The second co-sponsored event, titled “Holding States Accountable: Legal Strategies for Advancing Reproductive Rights,” delved into the evolving landscape of legal advocacy for SRHR. This session explored innovative legal strategies being employed at national and international levels to challenge restrictive laws, hold governments accountable for human rights violations related to reproductive health, and secure redress for affected individuals. Experts discussed the jurisprudence of international human rights bodies, the potential of strategic litigation at the national level, and the importance of robust evidence-gathering and documentation to support legal challenges. The session also addressed the role of the HRC and other UN mechanisms in pressing States to fulfill their human rights obligations concerning SRHR. This discussion is particularly relevant as global trends show a concerning increase in legislative efforts to restrict abortion access in several countries, necessitating a strong and coordinated legal response.

These side events not only provided a platform for sharing knowledge and best practices but also facilitated direct engagement between civil society and State representatives, fostering a more nuanced understanding of the challenges and opportunities in advancing SRHR globally.

Speaking Out at the Council: Placing Feminist Legal Analysis on the Record

During the 62nd session of the Human Rights Council, the Center for Reproductive Rights actively utilized its platform to deliver impactful statements during four key debates. These interventions served to formally place feminist legal analysis on the official record of the Council, directly addressing UN experts and government delegations. By articulating clear, evidence-based arguments rooted in international human rights law, the CRR aimed to counter misinformation, advocate for the protection of SRHR, and influence the Council’s deliberations and recommendations.

One significant statement was delivered during the debate on “The right to health.” In this intervention, the CRR emphasized that the right to health, as enshrined in international human rights law, is indivisible from sexual and reproductive health. The organization highlighted how barriers to accessing comprehensive sexual and reproductive healthcare services, including contraception, safe abortion, and maternal healthcare, constitute grave violations of the right to health. The statement provided concrete examples of how discriminatory laws and practices, coupled with a lack of essential services, disproportionately impact women, girls, and other marginalized groups, leading to preventable morbidity and mortality. The CRR urged States to remove all legal and practical barriers to SRHR and to invest in comprehensive healthcare systems that are accessible, affordable, and non-discriminatory. This statement was particularly relevant in the context of the ongoing global health crisis, which has further strained healthcare systems and exacerbated existing inequalities in access to care.

Another critical statement was made during the debate on “Women’s rights and gender equality.” Here, the CRR underscored the inextricable link between gender equality and the full realization of SRHR. The organization argued that the denial of reproductive autonomy and the right to make decisions about one’s own body is a fundamental impediment to women’s equality and empowerment. The statement called on States to repeal discriminatory laws that restrict women’s access to reproductive healthcare, including abortion, and to ensure that women have equal access to education, economic opportunities, and decision-making power. The CRR also highlighted the importance of addressing gender-based violence, including sexual violence and forced sterilization, as integral to achieving gender equality and protecting reproductive rights.

Furthermore, the CRR delivered statements during debates on “The rights of indigenous peoples” and “The protection of human rights in the context of climate change.” In the former, the Center advocated for the recognition and protection of the distinct SRHR needs of indigenous women and girls, who often face unique challenges due to historical marginalization, cultural barriers, and limited access to services in remote areas. The statement emphasized the importance of ensuring that healthcare services are culturally appropriate and delivered in a manner that respects indigenous traditions and self-determination. In the latter, the CRR highlighted how climate change disproportionately impacts the health and well-being of vulnerable populations, including women and girls, by exacerbating poverty, displacement, and food insecurity, thereby increasing their risk of unintended pregnancies and limiting their access to essential reproductive healthcare. The organization urged States to integrate SRHR considerations into climate change adaptation and mitigation strategies.

These statements, delivered with precision and informed by extensive research and legal analysis, served to challenge harmful narratives, reinforce international human rights obligations, and advocate for tangible policy changes that advance SRHR on a global scale.

Looking Ahead: Sustaining Momentum in a Contested Landscape

The 62nd session of the Human Rights Council served as a stark reminder of both the significant progress achieved in advancing gender equality and reproductive rights, and the persistent and intensifying backlash these rights face. As the global landscape continues to present formidable challenges, including the increasing constraints on civil society resources, sustained and strategic advocacy at the Human Rights Council remains absolutely essential.

A notable positive development during this session was the appointment of Mariangela Simao as the next Special Rapporteur on the Right to Health. The Center for Reproductive Rights, in close collaboration with its civil society partners, had actively advocated for the appointment of a mandate holder who would uphold a robust and comprehensive understanding of the right to health, one that unequivocally includes sexual and reproductive health. The Center expressed its satisfaction that the appointed mandate holder meets these rigorous standards and is well-positioned to champion SRHR. The CRR views this appointment as a crucial opportunity to further integrate SRHR into the broader discourse on the right to health.

Moving forward, the Center for Reproductive Rights is committed to working collaboratively with the new Special Rapporteur, its extensive network of international partners, and supportive State delegations. The overarching goal is to ensure that international human rights standards not only advance on paper but are effectively translated into tangible and meaningful change in the lives of women, girls, and all individuals seeking to exercise their sexual and reproductive rights. This includes advocating for the implementation of HRC recommendations at the national level, challenging restrictive laws and policies, and demanding accountability for human rights violations. The ongoing struggle to secure and advance SRHR requires persistent vigilance, strategic engagement, and a united front from all those committed to upholding fundamental human dignity and autonomy.