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Asia-Pacific call for removal of legal and policy barriers to health information and services

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"Young people are not old enough to drive but old enough to be a parent? Young people are not old enough to vote but old enough to be married? Young people are old enough to be pregnant but not old enough to be trusted with access to sexuality education? Young people are old enough to catch a sexually transmitted disease but not old enough to seek and receive treatment for it?”

These words, delivered by Kate Gilmore, Assistant Secretary-General and Deputy Executive Director of UNFPA, in her opening plenary speech at the Asia-Pacific Conference on Reproductive and Sexual Health and Rights (APCRSHR) evidenced the contradictions that exist throughout the region about when young people are treated as adults for various purposes. Laws and policies that require you to be of a certain age before you can access sexual and reproductive health (SRH) information and services are among the barriers blocking young people from accessing information they need to safeguard their health and well-being. UNESCO and UNFPA held a satellite session during the APCRSHR entitled, “What’s the law got to do with it? Examining legal and policy barriers affecting young people’s access to SRH information and services.” The session drew on the recent report published by UNESCO, in partnership with UNFPA, UNAIDS, UNDP and Youth Lead, “Young people and the Law in Asia and the Pacific: A review of laws and policies affecting young people’s access to sexual and reproductive health and HIV services”. The report is the first systematic review in the region of the issue, and draws on an analysis of over 400 key legal and policy documents from all Asia-Pacific countries, and focus group discussions with young people. Justine Sass, Chief of the HIV Prevention and Health Promotion Unit at UNESCO Bangkok said during the session that, “At the international level, the Convention on the Rights of the Child establishes the principles that should guide laws and policies. Within the CRC are 2 principles of particular importance. First, that the best interests of the child is the paramount consideration. Second, is the need to recognize the ‘evolving capacities’ of the child.  This means recognizing that different children mature at different ages, with differing cognitive abilities, capacity for self-determination, and competencies to make independent decisions.  As children mature, they can take more responsibilities for decisions affecting their lives.  Barriers are created by laws and policies that fail to recognize these principles.” Stigma and discrimination, including from health workers, also impacts young people, said Jeff Acaba from ACHIEVE and Youth Lead, “Stigma and discrimination against young people have many implications. These include not knowing your status, therefore not seeking treatment and perhaps even a refusal to seek other health services at the clinic or community health centre.” Babu Ram Pant from the Youth Coalition on Sexual Rights emphasized that there had been advances in law and policy in the region but that “the challenge is the gap between good laws and policies and the reality on the ground.  Until we have resources and political will for implementation then we will continue to see these alarming statistics regarding adolescent STIs and unplanned pregnancy.” During the open forum, many participants stood up to make “commitments” about how they would take forward addressing barriers to SRH/HIV information and services. One CSE teacher from the Philippines said “I will shut up more and listen to my students when they ask SRH questions.” Another civil society partner based in Thailand said “I will look for opportunities to promote intergenerational communication so that parents aren’t a barrier to services.” Another peer educator from the Philippines said she would look for opportunities to ensure that young people have better access to young-friendly SRH and HIV services, especially those from key populations. The youth panelists, Anzaira Roxas, Jeffrey Acaba, Babu Ram Pant, and Rachel Arinni ended the session with a call for 'non judgemental and confidential sexual and reproductive services, access to contraception, HIV testing, safe abortions and post-abortion care, removal of legal and policy barriers based on age and marital status, laws that are responsive to the needs of young key populations'. Their demands were largely taken forward in the “Manila Challenge”. The Challenge is a statement issued by APCRSHR participants. It challenges governments to, among other things,
• remove “discriminatory policies and laws that systematically violate the human rights of vulnerable groups”;
• “institutionalise and provide comprehensive sexuality education and youth-friendly services regardless of marital status, as well as respect young people who are discovering their own identities and making SRHR choices”
• and meaningfully involve “sexual minorities, young people, people with disabilities and other vulnerable groups in the development and implementation of SRHR legislation and programmes.” It challenges young people to “advocate and promote SRHR among their peers, to respect sexual preference and diversity, and to foster informed and safe sexual choices.” It challenges development partners to “provide resources for SRHR in the region, support the sustainability of civil society organisations, contribute to the empowerment of SRHR advocates, ensure participation and leadership of civil society in global post-2015 discussions, and strengthen synergy and networking among SRHR advocates” and in particular the United Nations System to “to ensure that an “SRHR for All” agenda is captured in the post-2015 development framework.” To access the report click on: http://unesdoc.unesco.org/images/0022/002247/224782E.pdf  To watch a video that illustrates the issues and findings in the report, click on: http://www.unescobkk.org/resources/multimedia/video/young-people-and-the-law/

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