25. The right to health care without discrimination requires State parties to remove
impediments to the health services reserved for women, including ideology or beliefbased barriers. Administrative laws, policies and procedures of health systems and
structures cannot restrict access to family planning/contraception on the basis of
religious beliefs.
26. The right to freedom from being subjected to discrimination prohibits any
deprivation concerning access to family planning/contraception services by health
care providers for reasons of conscientious objection. While it is true that they may
invoke conscientious objection to the direct provision of the required services, State
parties must ensure that the necessary infrastructure is set up to enable women to
be knowledgeable and referred to other health care providers on time. In addition,
State parties must ensure that only the health personnel directly involved in the
provision of contraception/family planning services enjoys the right to conscientious
objection and that it is not so for the institutions. However, the right to conscientious
objection cannot be invoked in the case of a woman whose health is in a serious risk,
and whose condition requires emergency care or treatment.
27. Administrative laws, policies, procedures and practices, as well as socio-cultural
attitudes and standards that impede access to contraception/family planning violate
the woman’s right to life, non-discrimination and health, in that they deprive her of
her decision-making power and force her to undergo early pregnancy, unsafe or
unwanted pregnancy, with as consequence, the temptation to seek unsafe at the risk
of her health and her life.
Article 14.1.f): the right to family planning education
28. State parties are required to provide complete and accurate information which is
necessary for the respect, protection, promotion and enjoyment of health, including
the choice of contraceptive methods. The measures required of State parties include:
(a) training or upgrading healthcare providers and competent educators
regarding complete information to provide to clients, including the causes
of the failure of the practiced contraception method and the options that
are available, if the said failure results in an unwanted pregnancy;
b) ensuring that available, accessible, acceptable and reliable information
on contraceptive methods is provided, in printed form or by other means,
such as the Internet, radio and television, mobile phone applications, and
other telephone assistance service;
(c) enabling the structures of health facilities, institutions and teaching
programs, as well as civil society organizations which are duly competent,
to provide the relevant population with necessary information and
education on family planning/contraception;
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