93 evidently involves an obligation to investigate ex officio such conduct. 302. Regarding international practice, the Committee for the Elimination of Discrimination against Women has ruled on the obligation of States to adopt effective measures to prevent and remedy non-consensual, involuntary, coerced or forced sterilizations, including establishing appropriate sanctions and measures of compensation. 378 Thus, in its General Recommendation No. 24 of 1999, it indicated that “States parties should not permit forms of coercion, such as non-consensual sterilization, […] that violate women’s rights to informed consent and dignity.”379 303. Meanwhile, the Human Rights Committee has recognized the importance of establishing in domestic law a right to compensation of people subjected to forced sterilization, 380 as well as mechanisms to ensure that all procedures are following in obtaining the full and informed consent of women and, to investigate what happened if this has not been obtained.381 304. Furthermore, the Committee against Torture has accorded particular importance to rapid, impartial, exhaustive and effective investigation in cases in which persistent reports of involuntary, forced or coerced sterilizations are verified in order to identify and punish those involved in such practices, and provide the victims with fair and adequate compensation.382 305. In its General Comment No. 22 of 2016 on the right to sexual and reproductive health, the Committee on Economic, Social and Cultural Rights indicated that States Parties “must put in place laws, policies and programmes to prevent, address and remediate violations of the right of all individuals to autonomous decision-making on matters regarding their sexual and reproductive health, free from violence, coercion and discrimination.”383 306. The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has also called upon States to adopt measures with regard to abuses in health care settings and, in particular, to: 72. […] (e) Outlaw forced or coerced sterilization in all circumstances and provide special protection to individuals belonging to marginalized groups; and ensure that health-care providers obtain free, full and group, in whole or in part. In a case of non-consensual sterilization, the Committee for the Elimination of Discrimination against Women recommended: “[m]onitor public and private health centres, including hospitals and clinics, which perform sterilization procedures so as to ensure that fully informed consent is being given by the patient before any sterilization procedure is carried out, with appropriate sanctions in place in the event of a breach.” UN, Committee for the Elimination of Discrimination against Women, A.S. v. Hungary (Communication No. 4/2004), CEDAW/C/36/D/4/2004, August 29, 2006, para. 11.5. In another case, it urged the State “to adopt a comprehensive law protecting women, including disabled women, from forced sterilization and abortion.” Committee for the Elimination of Discrimination against Women, Concluding observations with regard to Kuwait, CEDAW/C/KWT/CO/3-4, November 8, 2011, para. 49. 378 UN, Committee for the Elimination of Discrimination against Women, General Recommendation No. 24, Women and health, 1999, para. 22. 379 Cf. UN, Human Rights Committee, Concluding observations with regard to Japan, CCPR/C/79/Add.102, November 19, 1998, para. 31. 380 Cf. UN, Human Rights Committee, Concluding observations with regard to Slovakia, CCPR/C/SVK/CO/3, April 20, 2011, para. 13. 381 Cf. UN, Committee against Torture, Concluding observations with regard to Slovakia, CAT/C/SVK/CO/2, December 17,2009, para. 10; Committee against Torture, Concluding observations with regard to Peru, CAT/C/PER/CO/5-6, January 21, 2013, para. 15, and Committee against Torture, Concluding observations with regard to Kenya, CAT/C/KEN/CO/2, June 19, 2013, para. 27. 382 Cf. UN, Committee on Economic, Social and Cultural Rights, General Comment No. 22, El derecho a sexual and reproductive health, March 4, 2016, para. 29. 383

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