—

having regard to Article 2 of the Treaty on European Union,

—

having regard to Articles 5, 6 and 168 of the Treaty on the Functioning of the European Union,

—

having regard to the 1994 International Conference on Population and Development (ICPD) held in Cairo, its Programme of Action and the outcomes of its review conferences,

—

having regard to the Nairobi Statement on ICPD25 of 1 November 2019 entitled ‘Accelerating the Promise’ and to the national and partner commitments and collaborative actions that were announced at the Nairobi Summit,

—

having regard to the Beijing Platform for Action and the outcomes of its review conferences,

—

having regard to the 2030 Agenda for Sustainable Development which was adopted on 25 September 2015 and entered into force on 1 January 2016, and in particular to Sustainable Development Goals (SDGs) 3, 5, 16 and the related indicators,

—

having regard to the 2017, 2018, 2019 and 2020 Contraception Atlases, which rank access to contraception in geographical Europe and highlight inequalities across the continent and the fact that the unmet need for contraception in some parts of Europe has gone largely unnoticed,

—

having regard to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 18 December 1979, and its General Recommendations No 21 (1994), No 24 (1999), No 28 (2010), No 33 (2015) and No 35 (2017),

—

having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’),

—

having regard to Article 6 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) of 3 May 2008,

—

having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 25 November 2020 entitled ‘EU Gender Action Plan (GAP) III: an ambitious agenda for gender equality and women’s empowerment in EU external action’ (JOIN(2020)0017),

—

having regard to its resolution of 26 November 2020 on the de facto ban on the right to abortion in Poland (1),

—

having regard to the decision of the CEDAW Committee of 28 February 2020 in the case S.F.M. v. Spain,

—

having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 25 September 2017 on promoting the human rights of and eliminating discrimination against intersex people,

—

having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 2 April 2015 on discrimination against transgender people in Europe,

—

having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152),

—

having regard to its resolution of 14 February 2019 on the rights of intersex people (2),

—

having regard to Regulation (EU) 2021/522 of the European Parliament and of the Council of 24 March 2021 establishing a Programme for the Union’s action in the field of health (‘EU4Health Programme’) for the period 2021-2027, and repealing Regulation (EU) No 282/2014 (3),

—

having regard to the report of the European Institute for Gender Equality of 22 November 2019 entitled ‘Beijing + 25: the fifth review of the implementation of the Beijing Platform for Action in the EU Member States’,

—

having regard to the World Health Organization (WHO) Regional Office for Europe Action Plan for Sexual and Reproductive Health: Towards achieving the 2030 Agenda for Sustainable Development in Europe — leaving no one behind, which has three closely interlinked goals: ‘Enable all people to make informed decisions about their sexual and reproductive health and ensure that their human rights are respected, protected and fulfilled’, ‘Ensure that all people can enjoy the highest attainable standard of sexual and reproductive health and well-being’, and ‘Guarantee universal access to sexual and reproductive health and eliminate inequalities’,

—

having regard to the European Network of the International Planned Parenthood Federation (IPPF EN) and the Federal Centre for Health Education (BZgA) report entitled ‘Sexuality Education in Europe and Central Asia: State of the Art and Recent Developments’,

—

having regard to the IPPF EN Partner Survey: Abortion Legislation and its Implementation in Europe and Central Asia,

—

having regard to the study entitled ‘The gendered impact of the COVID-19 crisis and post-crisis’, published by its Directorate-General for Internal Policies on 30 September 2020 (4),

—

having regard to the UN Women policy brief of 9 April 2020 entitled ‘The Impact of COVID-19 on Women’,

—

having regard to the UN report of 23 April 2020 entitled ‘COVID-19 and Human Rights: We are all in this together’,

—

having regard to the UN Population Fund (UNFPA) report of 27 April 2020 entitled ‘Impact of the COVID-19 Pandemic on Family Planning and Ending Gender-based Violence, Female Genital Mutilation and Child Marriage’,

—

having regard to the UNFPA statement of 28 April 2020 entitled ‘Millions more cases of violence, child marriage, female genital mutilation, unintended pregnancy expected due to the COVID-19 pandemic’,

—

having regard to the European Women’s Lobby policy brief entitled ‘Women must not pay the price for COVID-19!’,

—

having regard to the study by Professor Sabine Oertelt-Prigione entitled ‘The impact of sex and gender in the COVID-19 pandemic’, published on 27 May 2020,

—

having regard to the WHO’s guidance entitled ‘Safe abortion: technical and policy guidance for health systems’,

—

having regard to the WHO’s ‘Global strategy to accelerate the elimination of cervical cancer as a public health problem’,

—

having regard to its resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights (5),

—

having regard to the European Parliamentary Forum for Sexual and Reproductive Rights (EPF) and IPPF EN joint report of 22 April 2020 entitled ‘Sexual and Reproductive Health and Rights during the COVID-19 pandemic’,

—

having regard to Article 12 of the International Covenant on Economic, Social and Cultural Rights,

—

having regard to general comment No 22 of the UN Committee on Economic, Social and Cultural Rights of 2 May 2016 on the right to sexual and reproductive health,

—

having regard to Articles 2, 7, 17 and 26 of the International Covenant on Civil and Political Rights,

—

having regard to general comment No 36 of the UN Human Rights Committee of 30 October 2018 on Article 6 of the International Covenant on Civil and Political Rights, on the right to life,

—

having regard to the interim report of the UN Special Rapporteur of 3 August 2011 on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,

—

having regard to the report of the UN Special Rapporteur of 4 April 2016 on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,

—

having regard to the reports of the UN Special Rapporteur for Violence Against Women, its Causes and Consequences, including the report of 11 July 2019 on a human-rights-based approach to mistreatment and violence against women in reproductive health services with a focus on childbirth and obstetric violence,

—

having regard to the WHO statement of 2015 on the prevention and elimination of disrespect and abuse during childbirth,

—

having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 16 September 2019 on obstetrical and gynaecological violence,

—

having regard to Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between women and men in the access to and supply of goods and services (6),

—

having regard to the report of the UN Working Group of 8 April 2016 on the issue of discrimination against women in law and in practice, presented at the 32nd session of the Human Rights Council in June 2016,

—

having regard to Section II of the Report of the UN Working Group of 14 May 2018 on the issue of discrimination against women in law and practice,

—

having regard to Section III of the Report of the UN Working Group of 8 April 2016 on the issue of discrimination against women in law and practice,

—

having regard to the Report of the UN Special Rapporteur of 10 January 2019 on the situation of human rights defenders,

—

having regard to Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (7),

—

having regard to Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (8),

—

having regard to the Joint Statement by the Council and the representatives of the governments of the member states meeting within the Council, the European Parliament, and the European Commission of 19 November 2018 entitled ‘The New European Consensus on Development: Our World, Our Dignity, Our Future’, in which the EU reaffirms its commitment to the promotion, protection and fulfilment of the right of every individual to have full control over, and decide freely and responsibly on matters related to their sexuality and sexual and reproductive health, free from discrimination, coercion and violence,

—

having regard to its resolution of 14 November 2019 on the criminalisation of sexual education in Poland (9),

—

having regard to its resolution of 13 February 2019 on experiencing a backlash in women’s rights and gender equality in the EU (10),

—

having regard to its resolution of 14 February 2017 on promoting gender equality in mental health and clinical research (11),

—

having regard to the European Pact for Gender Equality (2011-2020), adopted by the Council on 7 March 2011,

—

having regard to the Council Recommendation of 2 December 2003 on cancer screening (12),

—

having regard to the European guidelines for quality assurance in cervical cancer screening of 7 May 2008 and to the European guidelines for quality assurance in breast cancer screening and diagnosis of 12 April 2006,

—

having regard to the issue paper of the Council of Europe Commissioner for Human Rights of December 2017 on women’s sexual and reproductive health and rights in Europe,

—

having regard to WHO’s 2017-2021 Strategy on women’s health and wellbeing in the WHO European Region and the 2016 Action Plan for Sexual and Reproductive Health: towards achieving the 2030 Agenda for Sustainable Development in Europe — leaving no one behind,

—

having regard to WHO’s Global Strategy for Women’s, Children’s and Adolescents’ Health 2016-2030,

—

having regard to the WHO Regional Office for Europe and BZgA’s standards for sexuality education in Europe: a framework for policy makers, educational and health authorities and specialists, and to UNESCO’s international technical guidance on sexuality education: an evidence-informed approach,

—

having regard to the decision of the European Committee of Social Rights of 30 March 2009 on collective complaint No 45/2007 by the International Centre for the Legal Protection of Human Rights (INTERIGHTS) vs Croatia and general comment No 15 of the UN Committee on the Rights of the Child of 17 April 2013 on the right of the child to the enjoyment of the highest attainable standard of health (art. 24), which stresses that adolescents should have access to appropriate and objective information on sexual and reproductive issues,

—

having regard to the United Nations Population Fund’s State of World Population 2019 report entitled ‘Unfinished Business: the pursuit of rights and choices FOR ALL’,

—

having regard to Rule 54 of its Rules of Procedure,

—

having regard to the opinion of the Committee on Development,

—

having regard to the report of the Committee on Women’s Rights and Gender Equality (A9-0169/2021),

A.

whereas sexual and reproductive health (SRH) is a state of physical, emotional, mental and social well-being in relation to all aspects of sexuality and reproduction, not merely the absence of dysfunction, infirmity or mortality, and whereas all individuals have a right to make decisions governing their bodies (13), free from discrimination, coercion and violence, and to access SRH services that support that right and take a positive approach to sexuality and reproduction, as sexuality is an integral part of human existence;

B.

whereas sexual and reproductive health and rights (SRHR) are, according to the WHO, an umbrella term for various issues affecting all persons and representing four separate areas: sexual health, sexual rights, reproductive health and reproductive rights, and they are based on the rights of all individuals to have their bodily integrity, privacy and personal autonomy respected; have their sexual orientation and gender identity fully respected; to decide whether, with whom and when to be sexually active; to have safe sexual experiences, decide whether, when and who to marry, whether and by what means to have a child or children, and how many children; have access throughout their lifetime to the information, resources, services and support necessary to achieve all of the above free from discrimination, coercion, exploitation and violence;

C.

whereas sexual and reproductive rights (SRR) are protected as human rights in international and European human rights law such as in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, CEDAW and the European Convention on Human Rights, and constitute an essential element of comprehensive healthcare provision; whereas health rights, in particular sexual and reproductive health rights, are fundamental women’s rights which should be enhanced and cannot in any way be watered down or withdrawn; whereas the realisation of SRHR is an essential element of human dignity and is intrinsically linked to the achievement of gender equality and combating gender-based violence; whereas a person’s body, their choice, and thus their full autonomy, are what should be guaranteed;

D.

whereas the European Union has direct competence to act in advancing SRHR in external action; whereas the European Union does not have direct competence to act in advancing SRHR within the Union but cooperation between Member States takes place through the open method of coordination; whereas the European Union invites, encourages and supports Member States in advancing SRHR for all;

E.

whereas gender-based violence is widespread and has been exacerbated by the COVID-19 pandemic; whereas an estimated 25 per cent of women experience some form of gender-based violence in their lifetime and countless women experience sexual assault and harassment in the context of intimate partnerships and public life owing to entrenched gender stereotypes and the resulting social norms;

F.

whereas violations of SRHR constitute breaches of human rights, specifically the right to life, physical and mental integrity, equality, non-discrimination, health and education, dignity, privacy and freedom from inhuman and degrading treatment; whereas violations of women’s SRHR are a form of violence against women and girls, and hinder progress towards gender equality (14);

G.

whereas SRHR are targets in the framework of UN SDG 3, and whereas combating gender-based violence and harmful practices are targets within SDG 5;

H.

whereas although the EU has some of the highest SRHR standards in the world and some Member States have implemented policies and programmes that uphold SRR, there are still challenges, a lack of access and affordability, gaps, disparities and inequalities in the realisation of SRHR, both across the EU and within Member States, based on age, sex, gender, race, ethnicity, class, religious affiliation or belief, marital status, socio-economic status, disability, HIV (or sexually transmitted infections, STIs) status, national or social origin, legal or migration status, language, sexual orientation or gender identity;

I.

whereas SRHR challenges and obstacles can include, among other things, obstacles of a legal, financial, cultural and information-related nature, such as a lack of access to universal, high-quality and accessible SRHR services; a lack of comprehensive, age-appropriate and evidence-based sexuality education, especially in the light of the fact that the enjoyment of SRHR for LGBTI persons may be severely hindered owing to the omission from sex education curricula of the diversity of sexual orientation; gender identity, expression and sex characteristics; a lack of available modern contraception methods; the denial of medical care based on personal beliefs; legal restrictions and practical barriers in accessing abortion services; the denial of abortion care; forced abortion; gender-based violence; gynaecological and obstetric violence; forced sterilisation, including in the context of legal gender recognition; intimidation, cruel and degrading treatment; disparities and gaps in maternal mortality rates and mental health support; increasing Caesarean section rates; a lack of access to treatment for cervical cancer; limited access to medically assisted reproduction and fertility treatments; difficulties in accessing the goods necessary for SRHR; high rates of STIs and HIV; high adolescent pregnancy rates; harmful gender stereotypes and practices such as female and intersex genital mutilation; child, early and forced marriages (CEFM) and honour killings, and so-called ‘conversion therapy’ practices which can take the form of sexual violence such as ‘corrective rape’ perpetrated against lesbian and bisexual women and girls, as well as transgender persons; and outdated or ideologically driven legal provisions limiting SRHR;

J.

whereas SRH services are essential healthcare services that should be available to all and include comprehensive, evidence-based and age-appropriate sexuality and relationship education; information, confidential and unbiased counselling and services for sexual and reproductive health and well-being; information and counselling on modern contraception, as well as access to a wide range of modern contraceptives; antenatal, childbirth and postnatal care; midwifery; obstetric and newborn care; safe and legal abortion care and services, including treatment of the complications of unsafe abortion; the prevention and treatment of HIV and other STIs; services aimed at detecting, preventing and treating sexual and gender-based violence; prevention, detection and treatment for reproductive cancers, including cervical cancer; and fertility care and treatment;

K.

whereas SRHR are human rights and must be upheld by EU Member States, in line with international human rights standards; whereas respect for human rights is necessary for a democracy to function; whereas human rights, democracy and the rule of law are all interdependent; whereas all these EU values must be fully respected by all EU Member States;

L.

whereas sexual health is fundamental to the overall health and well-being of individuals, couples and families, in addition to the social and economic development of communities and countries, and whereas access to health, including SRH, is a human right; whereas providing some form of sexuality and health education is already mandatory in the majority of Member States;

M.

whereas the WHO defines infertility as ‘a disease of the reproductive system defined by the failure to achieve a clinical pregnancy after 12 months or more of regular unprotected sexual intercourse’; whereas this definition fails to encompass the reality of lesbian and bisexual women, as well as transgender persons, in same-sex couples, or single women interested in fertility options, exacerbating the socio-legal challenges they already face in access to Assisted Reproductive Technologies (ART) as a result of the focus on countering infertility; whereas lesbian and bisexual women may be unable to prove their ‘infertility’ and therefore be denied access to ART (15);

N.

whereas in certain circumstances transgender men and non-binary persons may also undergo pregnancy and should, in such cases, benefit from measures for pregnancy and birth-related care without discrimination on the basis of their gender identity;

O.

whereas nobody should die in childbirth and access to evidence-based, quality and accessible maternity, pregnancy and birth-related care is a human right and must be ensured without any discrimination;

P.

whereas pregnant people experience various forced and coercive medical interventions during childbirth, including physical and verbal abuse, the suturing of birth injuries without pain relief, disregard for their decisions and lack of respect for their informed consent, that may amount to violence and cruel and inhuman treatment;

Q.

whereas comprehensive, evidence-based, non-discriminatory and age-appropriate sexuality education grounded in a rights-based and gender-focused approach, as specified by the UNESCO international technical guidance, facilitates responsible sexual behaviour and empowers children and young people, as it provides scientifically accurate and age-appropriate information on sexuality, addressing sexual and reproductive health issues, including, but not limited to, human development; sexual and reproductive anatomy and physiology; consent, puberty and menstruation; reproduction, modern contraception, pregnancy and childbirth; STIs; and combating gender-based violence, including harmful practices such as CEFM and female genital mutilation (FGM); whereas age-appropriate comprehensive sexuality education is key to building children’s and young peoples’ skills to form healthy, equal and safe relationships, notably by addressing gender norms, gender equality, power dynamics in relationships, consent and respect for boundaries, and contributes to achieving gender equality;

R.

whereas the unavailability of scientifically accurate and evidence-based information and education violates the rights of individuals, is damaging to them in making informed choices about their own SRHR and undermines healthy approaches to gender equality;

S.

whereas SRH includes menstrual hygiene and sanitation, as well as systemic and socio-economic factors of stigmatisation and discrimination linked to menstruation; whereas period poverty, which refers to limited access to sanitary products, affects about one in 10 women in Europe, and is exacerbated by gender-biased taxation of menstrual hygiene products in the EU; whereas shame, untreated menstrual pain and discriminatory traditions lead to school drop outs and lower attendance rates of girls at school and women at work; whereas existing negative attitudes and myths surrounding menstruation influence reproductive health decisions; whereas understanding the links between menstrual hygiene and maternal morbidity, mortality and infertility, STI/HIV and cervical cancer can support early detection and save lives;

T.

whereas modern contraception plays a key role in achieving gender equality and preventing unintended pregnancies, as well as in realising the right of individuals to make decisions about their family choices by proactively and responsibly planning the number, timing and spacing of their children; whereas certain methods of modern contraception also reduce the incidence of HIV/STIs; whereas access to modern contraception is still hindered by practical, financial, social and cultural barriers, including myths surrounding contraception, outdated attitudes towards female sexuality and contraception, as well as a stereotypical perception of women being the only ones responsible for contraception;

U.

whereas abortion laws are based on national legislation; whereas even when abortion is legally available, there are often a range of legal, quasi-legal and informal barriers to accessing it, including limited time periods and the grounds on which to access abortion; medically unwarranted waiting periods; a lack of trained and willing healthcare professionals; and the denial of medical care based on personal beliefs, biased and mandatory counselling, deliberate misinformation or third-party authorisation, medically unnecessary tests, distress requirements, the costs involved and the lack of their reimbursement;

V.

whereas some Member States still have highly restrictive laws prohibiting abortion except in strictly defined circumstances, resulting in women having to seek clandestine abortions, to travel to other countries or to carry their pregnancy to term against their will, which is a violation of human rights and a form of gender-based violence (16) affecting women’s and girls’ rights to life, physical and mental integrity, equality, non-discrimination and health, and whereas some Member States which have legalised abortion on request or on broad social grounds nonetheless continue to maintain specific criminal sanctions for abortions performed outside of the scope of the applicable legal provisions;

W.

whereas several Member States are currently attempting to further limit access to SRHR through highly restrictive laws which lead to gender discrimination and negative consequences for women’s health;

X.

whereas opponents of sexual and reproductive rights often instrumentalise issues, such as the national interest or demographic change, in order to undermine SRHR, thus contributing to the erosion of personal freedoms and the principles of democracy; whereas all policies addressing demographic change must be rights-based, people-centred, tailor-made and evidence-based, and must uphold sexual and reproductive rights;

Y.

whereas opponents of sexual and reproductive rights and women’s autonomy have had a significant influence on national law and policy with retrogressive initiatives taken in several Member States, seeking to undermine SRHR, as noted by Parliament in its resolutions on experiencing backlash in women’s rights and gender equality in the EU and on abortion rights in Poland, and by the European Institute for Gender Equality in its report of 22 November 2019 entitled ‘Beijing + 25: the fifth review of the implementation of the Beijing Platform for Action in the EU Member States’; whereas these initiatives and this backsliding obstruct the realisation of people’s rights, countries’ development and undermine European values and fundamental rights;

Z.

whereas numerous reports show that, during the COVID-19 pandemic and lockdown, SRHR services were limited and/or revoked (17), and there was a disruption in access to essential medical services such as contraception and abortion care, HIV and STI testing, access to FGM Prevention and Awareness Centres and reproductive cancer screenings, and respectful maternal healthcare, which has had severe implications for women’s fundamental right to bodily autonomy; whereas the COVID-19 pandemic has shown that there is a need to strengthen the resilience of health systems to such crises, to ensure that services related to SRHR continue to be fully available and are provided in a timely manner;

AA.

whereas there is a persistent effort to instrumentalise the COVID-19 health crisis as a pretext to adopt further restrictive measures in SRHR (18), leading to the reallocation of resources; whereas this has a broad and long-term negative effect on the exercise of the fundamental right to health, on gender equality and on the fight against discrimination and gender-based violence, and is putting the well-being, health and lives of women and girls at risk;

AB.

whereas marginalised persons and groups, including racial, ethnic and religious minorities, migrants, people from disadvantaged socio-economic backgrounds, people without health insurance, people living in rural areas, persons with disabilities, LGBTIQ people and victims of violence, among others, often face additional barriers, intersecting discrimination and violence in accessing healthcare, as a result of laws and policies that allow coercive sexual and reproductive healthcare practices and failures to ensure reasonable accommodation in access to quality care and information; whereas there is a lack of substantive data on the issue of obstetric violence towards racialised women in Europe; whereas this discrimination leads to higher maternal mortality rates and morbidity (among black women, for example), a higher risk of abuse and violence (for women with disabilities), a lack of access to information and overall injustice and inequality in accessing SRHR services;

AC.

whereas infertility and subfertility affect one in six people in Europe and are a global public health issue; whereas there is a need to reduce inequalities in access to fertility information and treatments, and to prohibit discrimination on the grounds of sex, gender, sexual orientation, health or marital status;

AD.

whereas, according to the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights and the case law of the European Court of Human Rights, women’s sexual and reproductive health is related to multiple human rights, including the right to life and dignity, freedom from inhuman and degrading treatment, the right to access healthcare, the right to privacy, the right to education and the prohibition of discrimination;

AE.

whereas the European Parliament addressed SRHR in its position adopted at first reading of 13 November 2020 on the Programme for the Union’s action in the field of health for the period 2021-2027 (‘EU4Health Programme’), in order to ensure timely access to the goods that are needed for the safe provision of SRHR (for example, medicines, contraceptives and medical equipment);

AF.

whereas adolescents often face barriers in relation to SRHR owing to the lack of youth-friendly services;

AG.

whereas the Spotlight Initiative was launched by the EU and the UN to combat violence, including sexual violence, against women and girls, and whereas one of its aims is to improve access to sexuality education and sexual and reproductive health services;

AH.

whereas water, sanitation and hygiene (WASH) services are essential to sexual and reproductive health, but are still too often inaccessible, particularly in remote areas;

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

a)

Access to safe, fair and circular menstrual products for all

24.

25.

b)

Comprehensive sexuality education benefits young people

26.

27.

28.

29.

c)

Modern contraception as a strategy for achieving gender equality

30.

31.

32.

d)

Safe and legal abortion care anchored in women’s health and rights

33.

34.

35.

36.

37.

38.

e)

Access to fertility treatments

39.

f)

Maternity, pregnancy and birth-related care for all

40.

41.

42.

43.

44.

45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

67.

68.

69.

70.

71.

72.

73.

74.

75.

76.

77.