regard, States parties should be guided by contemporary human rights instruments
and jurisprudence, as well as the most current international guidelines and protocols
established by the UN agencies, in particular WHO and UNFPA. The core obligations
include at least the following:
…
(f)
To ensure all individuals and groups have access to comprehensive
education and information on sexual and reproductive health, that is nondiscriminatory, non-biased, evidence-based and taking into account the
evolving capacities of children and adolescents;
…”
The Committee on the Rights of the Child (CRC)’s General Comment No. 15 on the right of
the child to the enjoyment of the highest attainable standard of health (2013) (Part II.
Principles and premises for realizing children’s right to health) under the principle of the
right to non-discrimination states as follows:
“All policies and programmes affecting children’s health should be grounded in a broad
approach to gender equality that ensures young women’s full political participation; social
and economic empowerment; recognition of equal rights related to sexual and reproductive
health; and equal access to information, education, justice and security, including the
elimination of all forms of sexual and gender-based violence.”
Still in the same General Comment, under the Normative Content of article 24 of the UNCRC
(Part III of the General Comment), the Committee pertinently states that:
“Children’s right to health contains a set of freedoms and entitlements. The freedoms, which
are of increasing importance in accordance with growing capacity and maturity, include the
right to control one’s health and body, including sexual and reproductive freedom to make
responsible choices. The entitlements include access to a range of facilities, goods, services
and conditions that provide equality of opportunity for every child to enjoy the highest
attainable standard of health.
“In accordance with their evolving capacities, children should have access to confidential
counselling and advice without parental or legal guardian consent, where this is assessed by
the professionals working with the child to be in the child’s best interests. States should
clarify the legislative procedures for the designation of appropriate caregivers for children
without parents or legal guardians, who can consent on the child’s behalf or assist the child
in consenting, depending on the child’s age and maturity. States should review and consider
allowing children to consent to certain medical treatments and interventions without the
permission of a parent, caregiver, or guardian, such as HIV testing and sexual and
reproductive health services, including education and guidance on sexual health,
contraception and safe abortion.
“States should ensure that adolescents are not deprived of any sexual and reproductive
health information or services due to providers’ conscientious objections.”
14
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