
Contents
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A. Introduction A. Introduction
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B. Travaux Préparatoires B. Travaux Préparatoires
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C. Issues of Interpretation C. Issues of Interpretation
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I. Health and its Sex and Gender Dimensions I. Health and its Sex and Gender Dimensions
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II. The Field of Health Care II. The Field of Health Care
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III. Access to Health Care Services III. Access to Health Care Services
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IV. Reproductive and Sexual Health Services IV. Reproductive and Sexual Health Services
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D. Equality in Context D. Equality in Context
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I. Formal Equality I. Formal Equality
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II. Substantive Equality II. Substantive Equality
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III. Transformative Equality III. Transformative Equality
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IV. Direct vs Indirect Discrimination IV. Direct vs Indirect Discrimination
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V. Intersectional Discrimination V. Intersectional Discrimination
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VI. Temporary Special Measures (TSMs) VI. Temporary Special Measures (TSMs)
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E. States Parties’ Obligations E. States Parties’ Obligations
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I. Nature of the obligations I. Nature of the obligations
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1. ‘All Appropriate Measures’ 1. ‘All Appropriate Measures’
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2. Immediate vs Gradual Implementation 2. Immediate vs Gradual Implementation
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3. Specific/Non-specific 3. Specific/Non-specific
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II. Implementation II. Implementation
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1. Obligation to Respect 1. Obligation to Respect
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2. Obligation to Protect 2. Obligation to Protect
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3. Obligation to Fulfil 3. Obligation to Fulfil
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III. Reservations III. Reservations
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F. Conclusion F. Conclusion
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Cite
Extract
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.
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.
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* We are grateful to Monica Arango, Luisa Cabal, Oscar Cabrera, Alejandra Cardenas, Simone Cusack, Bernard Dickens, Sandra Dughman, Joanna Erdman, Linda Hutjens, Eszter Kismodi, Adriana Lamackova, Jenny Leon, Charles Ngwena, Mindy Roseman, Iqbal Shah, and Christina Zampas for their comments and help on previous drafts of this chapter, to Global Justice Center for its bank of cases referencing the Convention, and Articulación Feminista for its Observatorio de Sentencias Judiciales, which provides Latin American court decisions referencing the Convention.
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