Sexual and Reproductive Rights in Latin America and the Caribbean Convention of Belém do Pará. Article 4 “Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments”

MESECVI Defines violence against women as a violation of Human Rights Establishes the development of mechanisms to follow- up the implementation of the Convention In 2004 led to the creation of the Follow-up Mechanism to the Belém do Pará Convention- MESECVI. Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women

MESECVI Secretariat Inter-American Commission of Women (CIM) at the OAS Link between States and Experts Link between MESECVI and other Organizations Committee of Experts Evaluates the State reports and issues recommendations Prepares the consolidated Hemispheric Report Follows-up on its recommendations with the States Civil Society Participates in the processes implemented by the States Party Presents Shadow Reports to the Committee of Experts Conference of States Parties Implement the Convention Prepare reports on policies and programs Implement the recommendations MESECVI structure

MESECVI works through evaluation and follow-up rounds that include: Evaluation of reports submitted by the States Party to the Convention on the measures they have adopted to address violence against women; and Follow-up of the implementation of the recommendations made by the Committee of Experts How does MESECVI work ? The Committee of Experts is a technical body, composed of Experts designated by each of the States Party. The Conference of States Party is a political body that brings together each of the States that has signed and ratified the Convention. Civil society organizations exchange information and experiences with the States Party and Experts in order to strengthen implementation of the Convention.

Convention of Belém do Pará. Article 4 Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others: a. The right to have her life respected; b. The right to have her physical, mental and moral integrity respected; c. The right to personal liberty and security; d. The right not to be subjected to torture; e. The right to have the inherent dignity of her person respected (…)

Hemispheric Reports on the Implementation of the Belém do Pará Convention - MESECVI  First Hemispheric Report, 2008 the violation of sexual and reproductive rights is a form of gender-based violence, these rights can be grossly violated in legislation that does not recognize or protect them  Second Hemispheric Report, 2012 Adopt provisions to criminalize obstetric violence; legalize interruption of pregnancy on therapeutic grounds; as well as guarantee women’s access to such procedures; legalize the interruption of pregnancy caused by rape; adopt provisions to guarantee the free distribution of emergency contraceptives in public health services without distinctions based on social class or membership to an ethnic group;

II FOLLOW-UP REPORT ON THE IMPLEMENTATION OF THE BELEM DO PARA CONVENTION Decriminalization of abortion The Committee recommended decriminalizing the interruption of pregnancy on therapeutic grounds, that is to say, to save the life of the mother or avoid serious or permanent injury to her physical and mental health, and to decriminalize the interruption of pregnancy caused by rape.  Chile, the Dominican Republic, El Salvador, Honduras, and Nicaragua ban abortion on any grounds and punish women who terminate their pregnancies, regardless of the circumstances. This constitutes not only a violation of women’s right to choose, but also violates their right to autonomy, privacy, security, and confidentiality that especially impacts poor women and those living in conditions of vulnerability.

 According to the information provided by the States, only Argentina, Jamaica, Mexico and Uruguay have treatment guidelines for cases of abortion.  Uruguay has adopted Law No , which regulates the voluntary interruption of pregnancy by establishing that “The State guarantees the right to conscious and responsible procreation, recognizes the social value of maternity, protects human life, and promotes the full exercise of sexual and reproductive rights of the entire population.” The Committee has remarked that “health is a public good for which the States are responsible” as established by the CEDAW Committee in its General Recommendation No. 24, and has noted the duty of States Party to “respect, protect and fulfill women’s rights to health care.”

Convention of Belém do Pará. Article 9. States Party shall take special account of the vulnerability of women to violence (…) Similar consideration shall be given to women subjected to violence while pregnant (…). The Committee reiterates its Recommendation to the States that they not only adopt provisions to criminalize obstetric violence, but also respect what constitutes a natural process before, during and after childbirth, without arbitrary or excessive medicalization. Obstetric violence

Emergency contraception and treatment The Committee requested the States to provide emergency contraceptives and prophylactic treatment to prevent sexually transmitted infections, including HIV, especially in cases of sexual violence  Of the 19 countries only 8 reported that provisions were in place for the free distribution of emergency oral contraceptives, especially in cases of sexual violence - Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Paraguay, and Peru The Committee received information on the lack of applicability, the lack of information and access to oral emergency contraceptives, even in the cases where the States reported that they had legal provisions. This situation means that victims of sexual violence are left unprotected and that it also repeats the discrimination against rural, indigenous, adolescent, and the poorest women.

DECLARATION ON VIOLENCE AGAINST WOMEN, GIRLS AND ADOLESCENTS AND THEIR SEXUAL AND REPRODUCTIVE RIGHTS, CEVI Sexual Violence Torture and mistreatment Conscientious Objection Institutional violence Actions with a sexual nature committed with a person without their consent, including the physical invasion of the human body, may include acts that do not imply penetration or even any physical contact whatsoever Includes maintaining restrictions on access to safe abortions and absolute prohibitions of abortions, or the denial of access to post-abortion care Negation of public policy and sexual and reproductive health services exclusively to women, through norms practices, and discriminatory stereotypes Under no circumstances may result in the violation of women’s human rights;

DECLARATION ON VIOLENCE AGAINST WOMEN, GIRLS AND ADOLESCENTS AND THEIR SEXUAL AND REPRODUCTIVE RIGHTS - RECOMMENDATIONS Guarantee:  the sexual and reproductive health of women and their right to life, eliminating unsafe abortion and establishing laws and policies that enable the termination of pregnancy, at the very least in the following cases: i) risk to the life or health of the woman; ii) inability of the fetus to survive; and iii) sexual violence, incest and forced insemination;  immediate access to affordable contraceptives, including emergency oral contraceptives

Sexual and Reproductive Rights in Latin-America and the Caribbean in numbers

Criminalization: Chile, El Salvador, Honduras, Nicaragua, Dominican Republic Abortion Decriminalization in some circumstances: Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize, Bolivia, Brasil, Costa Rica, Colombia, Dominica – Ecuador, Grenada, Guatemala, Guayana, Haiti, Jamaica, Mexico, Panama, Paraguay, Peru, Saint Lucia, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Suriname, Trinidad and Tobago and Venezuela Decriminalization : Uruguay

Obstetric Violence Criminalized: Argentina, Surinam and Venezuela Not criminalized: Bahamas, Brasil, Dominica, Ecuador, Guyana, Guatemala, Mexico, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago and Uruguay 3 13

Emergency contraceptives 8 Countries reported that provisions were in place for the free distribution of emergency oral contraceptives Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Paraguay, and Peru

Treatment to prevent sexually transmitted infections, including HIV, especially in cases of sexual violence Provide: Argentina, Bahamas, Belice, Bolivia, Brasil, Chile, Costa Rica, Dominica, Ecuador, Guatemala, Guyana, Mexico, Peru, Dominican Republic, Saint Kitts and Nevis, Saint Lucia, Trinidad and Tobago and Uruguay Don’t provide: Bahamas, Paraguay, Saint Vincent and the Grenadines and Surinam 18 4

THIRD EVALUATION ROUND: Third Hemispheric Report on the Implementation of the Belém do Pará Convention Updating information Practical Guide to the System of Progress Indicators for Measuring the Implementation of the Belém do Pará Convention Guide to the application of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Belém do Pará Convention) GuiaAplicacion-Web-EN.pdf icadores_ENG.pdf

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