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Reply to Recommendation | Doc. 12968 | 26 June 2012
Prenatal sex selection
1. The Committee of Ministers considers
that prenatal sex selection undermines the fundamental values, principles
and rights promoted by the Council of Europe and enshrined in the
European Convention on Human Rights (ECHR) and the relevant protocols
to it. The practice is also at variance with the general principles
of gender equality laid down by the Committee of Ministers as early
as 1988 in its Declaration on equality of women and men and confirmed
in Madrid in 2009 in its Declaration on “Making gender equality
a reality”. In addition, the Committee of Ministers would highlight
the dangers of this practice, which is liable to result in serious
demographic and social imbalances. With regard to the admissibility
of using techniques of medically assisted procreation for the purpose
of choosing a future child's sex, only one exception to the principle
of non-selection is provided for in Article 14 of the Convention
for the Protection of Human Rights and Dignity of the Human Being
with regard to the Application of Biology and Medicine, with a view
to avoiding serious hereditary sex-related disease.
2. The Committee of Ministers notes the connection that the Assembly
makes between prenatal sex selection, its underlying causes and
violence against women. In this regard, it urges member States to
take the necessary legislative or other measures to punish all forms
of violence against women, including forced abortion and forced
sterilisation. The Committee also encourages member States which
have not yet done so to sign and ratify the Council of Europe Convention
on Preventing and Combating Violence against Women and Domestic
Violence so that it can come into force as soon as possible.
3. It also encourages them to sign and ratify the Convention
for the Protection of Human Rights and Dignity of the Human Being
with regard to the Application of Biology and Medicine, which provides
the legal framework for questions relating to prenatal sex selection.
Furthermore, the Committee of Ministers invites the Steering Committee
for Human Rights (CDDH) to take account of the suggestion made by
the Assembly in paragraph 3.2 of its recommendation when carrying
out intergovernmental work on the protection of human rights in
the sphere of biomedicine, subject to available resources.
4. The Committee of Ministers is conscious that providing information
to and raising awareness of families and social institutions is
of crucial importance. It considers that particular efforts need
to be made on the subject. In this respect, it takes note of the
Assembly’s recommendation regarding assistance and co‑operation on
issues relating to prenatal sex selection (for instance non-invasive
tests). The Gender Equality Commission (GEC) will provide expertise
to member States on the development of legislation, policies, practice,
training schemes and awareness-raising material to support the implementation
of internationally recognised gender equality standards. It will
also implement the action plan and the resolution adopted at the
Council of Europe Conference of Ministers responsible for Equality
between Women and Men in Baku in May 2010, in order to take further
steps towards establishing de facto gender
equality.