CEDAW/GC/24 CEDAW_GR_24E.docx (English)

CEDAW/GC/24 CEDAW_GR_24C.docx (Chinese)

CEDAW/GR/24

CEDAW/GR/24

General recommendation No. 24:

24号一般性建议:

Article 12 of the Convention (women and health)

《公约》第十二条(妇女和保健)

Twentieth session (1999)

第二十届会议(1999)

1. The Committee on the Elimination of Discrimination against Women, affirming that access to health care, including reproductive health, is a basic right under the Convention on the Elimination of All Forms of Discrimination against Women, decided at its twentieth session, pursuant to article 21, to elaborate a general recommendation on article 12 of the Convention.

1. 消除对妇女歧视委员会认为,妇女获得保健包括生殖保健是《消除对妇女一切形式歧视公约》所规定的一项基本权利。 委员会在其第二十届会议上根据第二十一条,决定拟订一项关于《公约》第十二条的一般性建议。

Background

背景

2. States parties’ compliance with article 12 of the Convention is central to the health and well-being of women.

2. 各缔约国遵守《公约》第十二条对于妇女的保健和福址极其重要。

It requires States to eliminate discrimination against women in their access to health-care services throughout the life cycle, particularly in the areas of family planning, pregnancy and confinement and during the post-natal period.

这要求各国消除在妇女获得终生保健服务尤其是在计划生育、怀孕、分娩方面以及在产后期间对妇女的歧视。

The examination of reports submitted by States parties pursuant to article 18 of the Convention demonstrates that women’s health is an issue that is recognized as a central concern in promoting the health and well-being of women.

对各缔约国根据《公约》第十八条所提交报告进行的审查表明,妇女的保健是被承认是促进妇女保健和福址应关心的一个中心问题。

For the benefit of States parties and those who have a particular interest in and concern with the issues surrounding women’s health, the present general recommendation seeks to elaborate the Committee’s understanding of article 12 and to address measures to eliminate discrimination in order to realize the right of women to the highest attainable standard of health.

为了缔约国以及特别关心和注意妇女保健方面各种问题的各方的利益,这项一般性建议力图阐述委员会对第十二条的理解,并论述为消除歧视、实现妇女最高健康标准的权利而需采取的措施。

3. Recent United Nations world conferences have also considered these objectives.

3. 联合国最近举行的几次世界会议也讨论了这些问题。

In preparing this general recommendation, the Committee has taken into account relevant programmes of action adopted at United Nations world conferences and, in particular, those of the 1993 World Conference on Human Rights, the 1994 International Conference on Population and Development and the 1995 Fourth World Conference on Women.

委员会在编制这项一般性建议时考虑到了联合国各次世界会议所通过的有关行动纲领,尤其是1993年世界人权会议、1994年国际人口与发展会议和1995年第四次妇女问题世界会议的行动纲领。

The Committee has also noted the work of the World Health Organization (WHO), the United Nations Population Fund (UNFPA) and other United Nations bodies.

委员会还注意到世界卫生组织(卫生组织)、联合国人口基金和联合国其他机构所作的工作。

It has collaborated with a large number of non-governmental organizations with a special expertise in women’s health in preparing this general recommendation.

此外,它在编制这项一般性建议时,也同在妇女保健方面具有专门技能的许多非政府组织开展了协作。

4. The Committee notes the emphasis that other United Nations instruments place on the right to health and to the conditions that enable good health to be achieved.

4. 委员会注意到联合国其他文书中把着重点放在实现良好健康和保障获得健康所需条件的权利方面。

Among such instruments are the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Racial Discrimination.

这些文书包括《世界人权宣言》、《经济、社会、文化权利国际公约》、《公民权利和政治权利国际公约》、《儿童权利公约》和《消除一切形式种族歧视国际公约》。

5. The Committee refers also to its earlier general recommendations on female circumcision, human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS), disabled women, violence against women and equality in family relations, all of which refer to issues that are integral to full compliance with article 12 of the Convention.

5. 委员会还提到其以前关于女性生殖器残割、艾滋病毒/艾滋病、残疾妇女、对妇女施行暴力和家庭关系中平等问题的一般性建议,所有这些都提到充分履行《公约》第十二条所必须处理的事项。

6. While biological differences between women and men may lead to differences in health status, there are societal factors that are determinative of the health status of women and men and can vary among women themselves.

6. 虽然男女的生物学差异可能导致健康状况的差别,但是也有一些社会性的因素,对男女的健康状况有决定作用;这些因素在妇女相互之间也可能各个有别。

For that reason, special attention should be given to the health needs and rights of women belonging to vulnerable and disadvantaged groups, such as migrant women, refugee and internally displaced women, the girl child and older women, women in prostitution, indigenous women and women with physical or mental disabilities.

因此,应特别重视脆弱群体和处境不利群体妇女的保健需求与权利,如:移徙妇女、难民和国内流离失所妇女、女童和老年妇女、卖淫妇女、土著妇女,以及体残和智残妇女。

7. The Committee notes that the full realization of women’s right to health can be achieved only when States parties fulfil their obligation to respect, protect and promote women’s fundamental human right to nutritional well-being throughout their lifespan by means of a food supply that is safe, nutritious and adapted to local conditions.

7. 委员会注意到:缔约国只有通过安全、富有营养和因地制宜的食物供应、从而完成它们尊重、保护和促进妇女终生获得营养福址这一妇女的基本人权时,才有可能充分实现妇女的保健权利。

To this end, States parties should take steps to facilitate physical and economic access to productive resources, especially for rural women, and to otherwise ensure that the special nutritional needs of all women within their jurisdiction are met.

为此目的,缔约国应采取步骤,便利实际而经济地取得生产资源、尤其是对农村妇女;或在其他情况下,确保在其管辖下的一切妇女特殊的营养需求都得到满足。

Article 12

第十二条

8. Article 12 reads as follows:

8. 第十二条条文如下:

“1. States parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health-care services, including those related to family planning.

“1. 缔约各国应采取一切适当措施以消除在保健方面对妇女的歧视。 保证她们在男女平等的基础上取得各种保健服务,包括有关计划生育的保健服务。

“2. Notwithstanding the provisions of paragraph 1 of this article, States parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.”

“2. 尽管有本条第1款的规定,缔约各国应保证为妇女提供有关怀孕、分娩和产后期间的适当服务,于必要时给予免费服务,并保证在怀孕和哺乳期间得到充分营养。

States parties are encouraged to address the issue of women’s health throughout the woman’s lifespan.

委员会鼓励各缔约国正视妇女一生的健康问题。

For the purposes of the present general recommendation, therefore, “women” includes girls and adolescents.

因此,为这项一般性建议的目的,妇女包括女孩和少女。

The general recommendation will set out the Committee’s analysis of the key elements of article 12.

这项一般性建议将阐述委员会对第十二条各项主要要素的分析。

Key elements

主要要素

Article 12 (1)

第十二条第1

9. States parties are in the best position to report on the most critical health issues affecting women in that country.

9. 缔约国最合适报告本国境内影响妇女的最关键的保健问题。

Therefore, in order to enable the Committee to evaluate whether measures to eliminate discrimination against women in the field of health care are appropriate, States parties must report on their health legislation, plans and policies for women with reliable data disaggregated by sex on the incidence and severity of diseases and conditions hazardous to women’s health and nutrition and on the availability and cost-effectiveness of preventive and curative measures.

因此,为使委员会能评价消除在保健领域对妇女歧视的措施是否适当,各缔约国在制定妇女保健立法、计划和政策时,必须依据有关危害妇女健康的疾病和情况出现频率和严重程度的,按性别分类的可靠数据以及预防性和治疗性措施的采行情况与成本效益。

Reports to the Committee must demonstrate that health legislation, plans and policies are based on scientific and ethical research and assessment of the health status and needs of women in that country and take into account any ethnic, regional or community variations or practices based on religion, tradition or culture.

向委员会提出的报告必须表明,保健立法、计划和政策所依据的是对本国妇女保健状况和需要的科学性和道德性研究与评价,并考虑到族裔、区域或社区的所有各种差异,或宗教、传统或文化上的习俗。

10. States parties are encouraged to include in their reports information on diseases, health conditions and conditions hazardous to health that affect women or certain groups of women differently from men, as well as information on possible intervention in this regard.

10. 委员会鼓励各缔约国在其报告中列入关于对妇女或某些妇女群体造成有别于男子的有害健康影响的疾病或情况方面的资料,以及在这方面可能采取行动的相关资料。

11. Measures to eliminate discrimination against women are considered to be inappropriate if a health-care system lacks services to prevent, detect and treat illnesses specific to women.

11. 假设某一保健制度不提供预防、诊察和治疗妇女特有的疾病的服务,那么,此种消除对妇女歧视的措施就被认为是不适当的。

It is discriminatory for a State party to refuse to provide legally for the performance of certain reproductive health services for women.

如缔约国拒绝在法律上许可为妇女提供某种生殖健康服务,那就是歧视。

For instance, if health service providers refuse to perform such services based on conscientious objection, measures should be introduced to ensure that women are referred to alternative health providers.

例如,保健部门如因良心理由拒绝提供此类服务,即应采取措施确保将妇女转至其他保健机构。

12. States parties should report on their understanding of how policies and measures on health care address the health rights of women from the perspective of women’s needs and interests and how it addresses distinctive features and factors that differ for women in comparison to men, such as:

12. 各缔约国应汇报它们如何按照其对保健政策和措施的理解,从妇女的需要和利益出发,正视妇女的保健权利,以及如何正视妇女有别于男子的以下显著特点和因素:

(a) Biological factors that differ for women in comparison with men, such as their menstrual cycle, their reproductive function and menopause.

妇女有别于男子的生理因素,如她们的月经周期及其生育功能和更年期。

Another example is the higher risk of exposure to sexually transmitted diseases that women face;

又如,妇女患性传染疾病的风险较高;

(b) Socio-economic factors that vary for women in general and some groups of women in particular.

对妇女总体,尤其是对某些妇女群体而言有差别的社会经济因素。

For example, unequal power relationships between women and men in the home and workplace may negatively affect women’s nutrition and health.

例如,男女在家庭和工作场所中的不平等权利关系可能消极地影响妇女营养和健康。

They may also be exposed to different forms of violence which can affect their health.

她们可能遭受各种形式的暴力,从而影响其健康。

Girl children and adolescent girls are often vulnerable to sexual abuse by older men and family members, placing them at risk of physical and psychological harm and unwanted and early pregnancy.

女童和少女往往易受比她们年长男性和家庭成员的性凌虐,使她们极有可能受到身心伤害以及非自愿或过早地怀孕。

Some cultural or traditional practices such as female genital mutilation also carry a high risk of death and disability;

诸如切割女性生殖器官之类的某些文化或传统做法也极有可能导致死亡和残疾。

(c) Psychosocial factors that vary between women and men include depression in general and post-partum depression in particular as well as other psychological conditions, such as those that lead to eating disorders such as anorexia and bulimia;

男女之间存在差别的心理社会因素包括抑郁,特别是产后抑郁以及引起厌食或贪食等症状的其他心理状况;

(d) While lack of respect for the confidentiality of patients will affect both men and women, it may deter women from seeking advice and treatment and thereby adversely affect their health and well-being.

虽说不严格保密对男女都会产生影响,但这会使妇女不愿寻求咨询和治疗,从而给她们的健康和福址带来不利的影响。

Women will be less willing, for that reason, to seek medical care for diseases of the genital tract, for contraception or for incomplete abortion and in cases where they have suffered sexual or physical violence.

妇女因此不太愿意为生殖器官方面的疾病、为避孕或为不完全流产,以及遭受性暴力或伤害身体的暴力而寻求医疗护理。

13. The duty of States parties to ensure, on a basis of equality of men and women, access to health-care services, information and education implies an obligation to respect, protect and fulfil women’s rights to health care.

13. 各缔约国确保人人在男女平等的基础上获得保健服务的责任意味着必须尊重、保护和实现妇女的保健权利。

States parties have the responsibility to ensure that legislation and executive action and policy comply with these three obligations.

缔约国有责任确保立法、行政行动和政策履行这三项义务。

They must also put in place a system that ensures effective judicial action.

它们还必须建立确保有效司法行动的制度。

Failure to do so will constitute a violation of article 12.

做不到这一点即为违反第十二条。

14. The obligation to respect rights requires States parties to refrain from obstructing action taken by women in pursuit of their health goals.

14. 尊重权利的义务要求各缔约国不采取阻碍妇女为寻求健康而采取的行动。

States parties should report on how public and private health-care providers meet their duties to respect women’s rights to have access to health care.

缔约国应提供报告,介绍公私营保健部门如何履行其尊重妇女获得保健权利的责任。

For example, States parties should not restrict women’s access to health services or to the clinics that provide those services on the ground that women do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried or because they are women.

例如,缔约国不应由于以下原因限制妇女获得保健服务或到提供保健服务的医务所就诊:没有得到丈夫、伴侣、父母或卫生当局的同意、因为她们未婚、或因为她们是妇女。

Other barriers to women’s access to appropriate health care include laws that criminalize medical procedures only needed by women punish women who undergo those procedures.

其他妨碍妇女获得适当保健的障碍包括将进行只有妇女需要的医疗程序定为犯罪行为的法律,或惩罚接受这类医疗的妇女的法律。

15. The obligation to protect rights relating to women’s health requires States parties, their agents and officials to take action to prevent and impose sanctions for violations of rights by private persons and organizations.

15. 保护妇女健康权利的义务要求各缔约国、其代理人和官员采取行动,防止个人和组织违反这些权利,并对违反行为进行制裁。

Since gender-based violence is a critical health issue for women, States parties should ensure:

由于基于性别的暴力对于妇女是一个重大的保健问题,缔约国必须确保:

(a) The enactment and effective enforcement of laws and the formulation of policies, including health-care protocols and hospital procedures to address violence against women and sexual abuse of girl children and the provision of appropriate health services;

制订并有效实施法律,拟订政策,包括保健程序和医院程序,以处理对妇女的暴力行为和对女童的性虐待,并提供适当的保健服务;

(b) Gender-sensitive training to enable health-care workers to detect and manage the health consequences of gender-based violence;

进行对性别问题敏感的培训,使保健工作者能察觉和处理对妇女的暴力给健康造成的后果;

(c) Fair and protective procedures for hearing complaints and imposing appropriate sanctions on health-care professionals guilty of sexual abuse of women patients;

拟订公平的保护程序,以受理关于保健专业人员性虐待女病人的申诉,并给予适当制裁;

(d) The enactment and effective enforcement of laws that prohibit female genital mutilation and marriage of girl children.

制订和有效实施禁止切割女性生殖器官和童婚的法律。

16. States parties should ensure that adequate protection and health services, including trauma treatment and counselling, are provided for women in especially difficult circumstances, such as those trapped in situations of armed conflict and women refugees.

16. 各国应确保提供充足的保护和保健服务、包括创伤治疗和咨询,给予处境特别困难的妇女、如陷入武装冲突境遇中的妇女和妇女难民。

17. The duty to fulfil rights places an obligation on States parties to take appropriate legislative, judicial, administrative, budgetary, economic and other measures to the maximum extent of their available resources to ensure that women realize their rights to health care.

17. 实现权利的责任,使缔约国负有义务使用最大限度的现有资源,采取适当的立法、司法、行政、预算、经济和其他措施,以确保妇女实现保健权利。

Studies such as those that emphasize the high maternal mortality and morbidity rates worldwide and the large numbers of couples who would like to limit their family size but lack access to or do not use any form of contraception provide an important indication for States parties of possible breaches of their duties to ensure women’s access to health care.

这类研究报告强调全世界的产妇死亡率和产妇发病率均很高,许多夫妇愿意实行计划生育,但没有机会获得或根本不使用任何形式的避孕药具。 这些事实有力地说明,缔约国可能没有履行确保妇女获得保健的责任。

The Committee asks States parties to report on what they have done to address the magnitude of women’s ill-health, in particular when it arises from preventable conditions, such as tuberculosis and HIV/AIDS.

委员会请缔约国提出报告,说明它们是如何处理严重的妇女疾病问题的,特别是可预防的疾病,如结核病和艾滋病毒/艾滋病。

The Committee is concerned about the evidence that States are relinquishing these obligations as they transfer State health functions to private agencies.

委员会关切:各国正在将保健职能转交给私营机构,从而日益明显地表明它们正在放弃自己的责任。

States and parties cannot absolve themselves of responsibility in these areas by delegating or transferring these powers to private sector agencies.

缔约国不能通过将这些权力下放或转交给私营部门的机构来免除自己在这些方面的责任。

States parties should therefore report on what they have done to organize governmental processes and all structures through which public power is exercised to promote and protect women’s health.

因此,缔约国必须报告:它们做了些什么,以组织政府系统以及各种机构,来行使国家权力,促进和保护妇女健康。

They should include information on positive measures taken to curb violations of women’s rights by third parties and to protect their health and the measures they have taken to ensure the provision of such services.

它们应报告采取了哪些积极措施,制止第三方侵犯妇女权利、保护她们的健康,以及采取了哪些措施确保提供此类服务。

18. The issues of HIV/AIDS and other sexually transmitted diseases are central to the rights of women and adolescent girls to sexual health.

18. 艾滋病毒/艾滋病以及其他性传染病是妇女和少女性保健权利的中心问题。

Adolescent girls and women in many countries lack adequate access to information and services necessary to ensure sexual health.

许多国家的妇女和少女不能获得充分的信息和服务,以确保性保健。

As a consequence of unequal power relations based on gender, women and adolescent girls are often unable to refuse sex or insist on safe and responsible sex practices.

由于基于性别的权力关系不平等,妇女和少女常常不能拒绝性要求或坚持安全负责的性行为。

Harmful traditional practices, such as female genital mutilation, polygamy, as well as marital rape, may also expose girls and women to the risk of contracting HIV/AIDS and other sexually transmitted diseases.

有害的传统习俗,如切割女性生殖器官、一夫多妻制以及婚内强奸也可能使女童和妇女染上艾滋病毒/艾滋病和其他性传染疾病。

Women in prostitution are also particularly vulnerable to these diseases.

卖淫妇女也特别容易受到这些疾病的侵害。

States parties should ensure, without prejudice or discrimination, the right to sexual health information, education and services for all women and girls, including those who have been trafficked, even if they are not legally resident in the country.

缔约国应无偏见、无歧视地确保所有妇女和女童获得性保健信息、教育和服务,包括被拐卖的妇女和女童在内,即使她们并非合法居住于该国境内。

In particular, States parties should ensure the rights of female and male adolescents to sexual and reproductive health education by properly trained personnel in specially designed programmes that respect their right to privacy and confidentiality.

缔约国特别应确保男女少年获得性保健和生殖保健教育的权利,此种教育应在专门制订、尊重隐私和保密权的方案内由经过适当培训的人员提供。

19. In their reports, States parties should identify the test by which they assess whether women have access to health care on a basis of equality of men and women in order to demonstrate compliance with article 12.

19. 各缔约国应在报告中说明借以评估妇女是否能够在男女平等的基础上获得保健的测试,以证明遵守第十二条。

In applying these tests, States parties should bear in mind the provisions of article 1 of the Convention.

在进行这些测试时,缔约国必须铭记《公约》第一条的规定。

Reports should therefore include comments on the impact that health policies, procedures, laws and protocols have on women when compared with men.

因此,报告应评述保健政策、程序、法律和规定对妇女和男子的不同影响。

20. Women have the right to be fully informed, by properly trained personnel, of their options in agreeing to treatment or research, including likely benefits and potential adverse effects of proposed procedures and available alternatives.

20. 妇女在同意治疗或接受研究时,有权要求经适当训练的人员全面介绍各种选择,包括提议的程序和现有的选择可能带来的好处和可能产生的不利后果。

21. States parties should report on measures taken to eliminate barriers that women face in access to health-care services and what measures they have taken to ensure women timely and affordable access to such services.

21. 各缔约国应报告已采取何种措施来消除妨碍妇女获得保健服务的因素,已采取何种措施来确保妇女及时经济地获得这些服务。

Barriers include requirements or conditions that prejudice women’s access, such as high fees for health-care services, the requirement for preliminary authorization by spouse, parent or hospital authorities, distance from health facilities and the absence of convenient and affordable public transport.

这类障碍包括不利于妇女取得保健服务的要求或条件,例如保健服务费用高昂、事先必须得到配偶、父母――或医院当局的准许、距离医疗设施很远和缺乏方便和负担得起的公共交通工具。

22. States parties should also report on measures taken to ensure access to quality health-care services, for example, by making them acceptable to women.

22. 各缔约国还应报告为确保提供优质保健服务所采取的措施,例如,采取措施,使保健服务为妇女能够接受。

Acceptable services are those that are delivered in a way that ensures that a woman gives her fully informed consent, respects her dignity, guarantees her confidentiality and is sensitive to her needs and perspectives.

所谓可以接受的服务,就是在向妇女提供这类服务时,确保她们完全知情并同意、维护她们的尊严、为其保密并体谅她们的需要和看法。

States parties should not permit forms of coercion, such as non-consensual sterilization, mandatory testing for sexually transmitted diseases or mandatory pregnancy testing as a condition of employment that violate women’s rights to informed consent and dignity.

缔约国不应允许任何形式的胁迫,如未经同意的绝育这种做法、强制性测试性病、或强制性妊娠测试,作为雇用条件,侵犯妇女的知情同意权和尊严。

23. In their reports, States parties should state what measures they have taken to ensure timely access to the range of services that are related to family planning, in particular, and to sexual and reproductive health in general.

23. 各缔约国应在报告中说明,已采取何种措施来确保及时获得与性健康和生殖健康有关的、特别是与计划生育有关的各种服务。

Particular attention should be paid to the health education of adolescents, including information and counselling on all methods of family planning.

应特别重视青少年保健教育,包括提供关于各种计划生育方法的教育和咨询。

24. The Committee is concerned about the conditions of health-care services for older women, not only because women often live longer than men and are more likely than men to suffer from disabling and degenerative chronic diseases, such as osteoporosis and dementia, but because they often have the responsibility for their ageing spouses.

24. 委员会对老年妇女的保健服务状况表示关切,这不仅是因为妇女比男子常常更长寿和更容易患致残和慢性退行性疾病,如骨质疏松和老年痴呆症,还因为她们往往有责任照料年龄越来越大的配偶。

Therefore, States parties should take appropriate measures to ensure the access of older women to health services that address the handicaps and disabilities associated with ageing.

因此,各缔约国应采取适当措施,确保老年妇女能享受保健服务,以应付与老龄化有关的各种残疾。

25. Women with disabilities, of all ages, often have difficulty with physical access to health services.

25. 身患残疾的妇女,不论年纪多大,往往因身体条件所限而难以获得保健服务。

Women with mental disabilities are particularly vulnerable, while there is limited understanding, in general, of the broad range of risks to mental health to which women are disproportionately susceptible as a result of gender discrimination, violence, poverty, armed conflict, dislocation and other forms of social deprivation.

心理残疾的妇女,处境尤其不利,而一般对心理健康受到的各种危险了解有限。 由于性别歧视、暴力、贫穷、武装冲突、流离失所和其他形式的社会困境,妇女遭受这种危险的人数多得不成比例。

States parties should take appropriate measures to ensure that health services are sensitive to the needs of women with disabilities and are respectful of their human rights and dignity.

各缔约国应采取适当措施,确保保健服务能照顾残疾妇女的需要,并尊重她们的人权和尊严。

Article 12 (2)

第十二条第2

26. Reports should also include what measures States parties have taken to ensure women appropriate services in connection with pregnancy, confinement and the post-natal period.

26. 报告还应说明缔约国已采取何种措施确保妇女在怀孕、分娩和产后获得适当的服务。

Information on the rates at which these measures have reduced maternal mortality and morbidity in their countries, in general, and in vulnerable groups, regions and communities, in particular, should also be included.

报告还应说明这些措施使本国一般而言的以及易受影响的群体、地区和社区具体而言的产妇死亡率和发病率得到降低的情况。

27. States parties should include in their reports how they supply free services where necessary to ensure safe pregnancies, childbirth and post-partum periods for women.

27. 各缔约国应在报告中说明,它们如何在必要时提供免费服务,以确保妇女在怀孕、分娩和产后的安全。

Many women are at risk of death or disability from pregnancy-related causes because they lack the funds to obtain or access the necessary services, which include antenatal, maternity and post-natal services.

许多妇女因没有钱取得必须的服务包括产前、分娩和产后服务,而面临因怀孕造成的死亡或残疾的危险。

The Committee notes that it is the duty of States parties to ensure women’s right to safe motherhood and emergency obstetric services and they should allocate to these services the maximum extent of available resources.

委员会指出,缔约国有义务确保妇女安全孕产和获得紧急产科服务的权利。 缔约国应给这些服务划拨尽可能多的资金。

Other relevant articles in the Convention

《公约》的其他有关条款

28. When reporting on measures taken to comply with article 12, States parties are urged to recognize its interconnection with other articles in the Convention that have a bearing on women’s health.

28. 敦促各缔约国在报告为遵守第十二条而采取的措施时,应认识到该条与《公约》中与妇女保健有关的其他各条的关联。

Those articles include article 5 (b), which requires States parties to ensure that family education includes a proper understanding of maternity as a social function; article 10, which requires States parties to ensure equal access to education, thus enabling women to access health care more readily and reducing female student drop-out rates, which are often a result of premature pregnancy; article 10 (h), which requires that States parties provide to women and girls access to specific educational information to help ensure the health and well-being of families, including information and advice on family planning; article 11, which is concerned, in part, with the protection of women’s health and safety in working conditions, including the safeguarding of the reproductive function, special protection from harmful types of work during pregnancy and with the provision of paid maternity leave; article 14, paragraph 2 (b), which requires States parties to ensure access for rural women to adequate health-care facilities, including information, counselling and services in family planning, and (h), which obliges States parties to take all appropriate measures to ensure adequate living conditions, particularly housing, sanitation, electricity and water supply, transport and communications, all of which are critical for the prevention of disease and the promotion of good health care; and article 16, paragraph 1 (e), which requires States parties to ensure that women have the same rights as men to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise those rights.

其他各条包括第五条(b) 项,其中要求各缔约国确保家庭教育应包括正确了解母性的社会功能;第十条,其中要求各缔约国确保平等的教育机会,使妇女能够较易获得保健并减少往往因早孕 而引起的女生退学率;第十条(h)项,规定缔约国应让妇女和女童有接受特殊知识辅导的机会,以有助于确保家庭的福祉,包括有关计划生育的知识和辅导在内; 第十一条一部分是关于在工作环境中保护妇女的健康和安全,包括维护生殖功能、怀孕期间不担任有害工作的特别保护,以及提供带薪产假;第十四条第2(b) 项要求缔约国确保农村妇女享有适当的保健设施,包括计划生育方面的知识、辅导和服务,(h)项要求缔约国采取一切适当的措施,确保适当的生活条件,特别是 住房、卫生、水电供应、交通和通讯。 这一切对预防疾病和促进良好的健康极为重要;第十六条第1(e)项要求缔约国确保妇女拥有与男子相同的权利,自由、负责地决定子女人数和生育间隔,并有 机会使妇女获得行使这种权利的知识、教育和方法。

Article 16, paragraph 2, proscribes the betrothal and marriage of children, an important factor in preventing the physical and emotional harm which arise from early childbirth.

第十六条第2款还禁止童年订婚和结婚,这是防止过早生育而引起身心伤害的一个重要因素。

Recommendations for government action

供政府采取行动的建议

29. States parties should implement a comprehensive national strategy to promote women’s health throughout their lifespan.

29. 各缔约国应实施一项全面的国家战略,促进妇女整个生命周期的保健。

This will include interventions aimed at both the prevention and treatment of diseases and conditions affecting women, as well as responding to violence against women, and will ensure universal access for all women to a full range of high-quality and affordable health care, including sexual and reproductive health services.

其中包括采取干预措施,预防和处理影响妇女的疾病和问题以及对妇女的暴力行为作出反应,并确保所有妇女普遍享受负担得起的各种优质保健,包括性保健和生殖保健。

30. States parties should allocate adequate budgetary, human and administrative resources to ensure that women’s health receives a share of the overall health budget comparable with that for men’s health, taking into account their different health needs.

30. 各缔约国应划拨充足的预算、人力和行政资源,确保保健预算总数中分配给妇女保健的份额与分配给男子保健的份额相仿,同时考虑到妇女的不同保健需要。

31. States parties should also, in particular:

31. 各缔约国还尤应:

(a) Place a gender perspective at the centre of all policies and programmes affecting women’s health and should involve women in the planning, implementation and monitoring of such policies and programmes and in the provision of health services to women;

将性别观点置于影响妇女保健的各项政策和方案的核心,并使妇女参与规划、实施和监测这类政策和方案,参与向妇女提供保健服务;

(b) Ensure the removal of all barriers to women’s access to health services, education and information, including in the area of sexual and reproductive health, and, in particular, allocate resources for programmes directed at adolescents for the prevention and treatment of sexually transmitted diseases, including HIV/AIDS;

确保消除妨碍妇女获得保健服务、教育和信息的所有因素,包括在性保健和生殖保健领域,特别是划拨资源,用于针对青少年的预防和治疗性病、包括艾滋病毒/艾滋病的方案;

(c) Prioritize the prevention of unwanted pregnancy through family planning and sex education and reduce maternal mortality rates through safe motherhood services and prenatal assistance.

通过计划生育和性教育,优先预防意外怀孕,并通过安全孕产服务和产前协助,降低产妇死亡率。

When possible, legislation criminalizing abortion should be amended, in order to withdraw punitive measures imposed on women who undergo abortion;

尽可能修改定堕胎为犯罪的法律,以撤销对堕胎妇女的惩罚性措施;

(d) Monitor the provision of health services to women by public, non-governmental and private organizations, to ensure equal access and quality of care;

由公众、非政府组织和私营组织监测向妇女提供的保健服务,确保机会均等和服务质量;

(e) Require all health services to be consistent with the human rights of women, including the rights to autonomy, privacy, confidentiality, informed consent and choice;

要求各项保健服务尊重妇女人权,包括自主权、隐私权、保密权、知情同意权和选择权;

(f) Ensure that the training curricula of health workers include comprehensive, mandatory, gender-sensitive courses on women’s health and human rights, in particular gender-based violence.

确保保健工作者的训练课程包括全面、强制性的、对性别问题敏感的关于妇女保健和人权、特别是关于对妇女的暴力的科目。

Contained in document A/54/38/Rev.1, chap. I.

载于A/54/38/Rev.1号文件,第一章。

See Official Records of the General Assembly, Forty-ninth Session, Supplement No. 38 (A/49/38), chap. I, sect. A, general recommendation 21, para. 29.

见《大会正式记录,第四十九届会议,补编第38号》(A/49/38)第一章,A节,一般性建议21,第29段。

Health education for adolescents should further address, inter alia, gender quality, violence, prevention of sexually transmitted diseases and reproductive and sexual health rights.

青少年保健教育,除其他外,应进一步阐明性别平等、暴力、预防性病以及生殖健康权和性健康权。