CEDAW/C/77/D/143/2019
regular gynaecological examination free of charge despite their poor financial
situation, while women of reproductive age from the majority community were
accepted as patients and examined on the same day. In that connection, the Committee
recalls that States parties’ compliance with article 12 of the Convention is central to
the health and well-being of women and that special attention should be given to the
health needs and rights of women belonging to vulnerable and disadvantaged groups.
States parties should report on measures taken to eliminate barriers that women face
in access to health-care services and to ensure that women have timely and affordable
access to such services, in particular those related to reproductive health. 13
7.8 The Committee observes that the State party did not contest those facts and
failed to provide any specific information to the effect that the authors were offered
access to any sexual and reproductive health-care services and that appropriate
measures were taken to secure the authors’ access, in particular, to regular free of
charge gynaecological services near their homes. In the absence of further
information on file, the Committee concludes that the authors’ rights under article 12
of the Convention were also violated.
8.
In accordance with article 7 (3) of the Optional Protocol, the Committee is of
the view that the facts before it reveal a violation of the rights of the authors under
articles 1, 2 (a), (c) and (e) and 12 of the Convention. The Committee refers to its
general recommendations No. 24 and No. 28 (2010) on the core obligations of States
parties under article 2 of the Convention.
9.
In the light of the above conclusions, the Committee makes the following
recommendations to the State party:
(a)
With regard to the authors:
(i) Provide them with appropriate reparation, including through the
recognition of the material and moral damages that they suffered as a
consequence of their inadequate access to sexual and reproductive health care,
in particular to regular gynaecological services;
(ii) Provide them with access to affordable health-care services, in particular
sexual and reproductive health care;
(b)
In general:
(i) Adopt and implement specific and effective policies, programmes and
targeted measures, in accordance with article 4 (1) of the Convention, i ncluding
temporary special measures, taking into consideration general recommendation
No. 25 (2004) on temporary special measures, to combat intersecting forms of
discrimination and stereotypes in relation to Roma women and girls, including
in health care, ensuring that language is not a barrier to gaining access to health
services;
(ii) Effectively implement new legislation relating to health, guarantee and
ensure access to affordable and high-quality health care and sexual and
reproductive health-care services without language barriers, in particular
effective access to regular gynaecological examinations free of charge, and
prevent and eliminate the practice of charging women and girls, in particular
Roma women and girls, unlawful fees for public health -care services; take
administrative measures to eliminate the unequal distribution of gynaecological
services in the territory of the State party and allocate financial resources to
support the equitable regional distribution of gynaecological facilities,
especially in rural areas and areas in which Roma women and girls live;
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20-16465
See general recommendation No. 24 (1999) on women and health, paras. 2, 6 and 21 –23.
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