Summary

In her first report to the General Assembly, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Tlaleng Mofokeng, focuses on sexual and reproductive health rights and the opportunities and challenges arising during the COVID-19 pandemic. Adopting the standpoint that patriarchal oppression is universal and at the origin of control of women’s bodies and sexuality, she examines the multifaceted historical impact of colonialism on these rights. She reflects on the importance of the underlying and social determinants of health and substantive equality for the realization of sexual and reproductive health rights and clarifies the nature of the legal framework that recognizes sexual and reproductive rights, with a focus on the right to sexual and reproductive health as an integral part of the right to health.

The Special Rapporteur demonstrates how the COVID-19 pandemic has further thwarted the realization of the sexual and reproductive health rights of women, adolescents, girls and all persons capable of getting pregnant. Within an intersectionality framework, she examines the impact of legislation and policy, services and funding in maternal, new-born and child health services, family planning and contraception, adolescent sexual and reproductive health, comprehensive support for sexual and gender–based violence survivors, HIV/AIDS and reproductive cancers. She identifies the important positive opportunities that are offered by digital health if the digital global and gender divide is breached. The Special Rapporteur reaffirms the key principles of non-discrimination, equality and privacy.