empowerment, sensitizing and educating communities, religious leaders, traditional
chiefs and political leaders on women’s sexual and reproductive rights as well as
training health-care workers.
45. The obligation to fulfil rights requires that State Parties adopt relevant laws, policies
and programs that ensure the fulfilment de jure and de facto of women’s sexual and
reproductive rights, including the allocation of sufficient and available resources for
the full realization of those rights.
Specific obligations of the State
Enabling legal and political framework
46. State parties should provide a legal and social environment that is conducive to the
exercise by women of their sexual and reproductive rights. This involves revisiting, if
necessary, restrictive laws, policies and administrative procedures relating to family
planning/ contraception and safe abortion in the cases provided for in the Protocol,
as well as integrating the provisions of the said legal instrument into domestic law.
47. State parties should ensure that the necessary legislative measures, administrative
policies and procedures are taken to ensure that no woman is forced because of her
HIV status, disability, ethnicity or any other situation, to use specific contraceptive
methods or undergo sterilization or abortion. The use of family
planning/contraception and safe abortion services by women should be done with
their own informed and voluntary consent.
48. State parties should ensure that laws, policies and administrative procedures aimed
at ensuring women’s access to family planning/contraception and safe abortion
services in the cases provided for in the Protocol are respected and implemented.
State parties should particularly ensure that health services and health care
providers do not deny women access to contraception/family planning and safe
abortion information and services because of, for example, requirements of third
parties or for reasons of conscientious objection.
49. State Parties must ensure that law practitioners, judges and magistrates and judicial
police officers get adequate training and are sensitized on respecting and
implementing the individual rights and the State’s obligations guaranteed by the
Protocol, so that women are not arrested, charged and prosecuted because they have
sought safe abortion services or post-abortion care to which they are entitled.
50. Measures facilitating access to family planning /contraception and safe abortion
services, when provided for by law, should be realized by State parties including
through: the establishment of accountability mechanisms; development of
implementation standards and guidelines; a monitoring and evaluation framework,
and availing accessible, timely and efficient redress mechanisms for women whose
sexual and reproductive rights have been violated.
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