56th Regular Session of the Human Rights Council Item 3: Adoption of Resolutions, Explanation of Position of the Holy See

Mister President,

The Holy See wishes to express reservations on some of the concepts contained in a number of resolutions adopted at this 56^th Regular Session of the Human Rights Council, including inter alia gender as opposed to sex, sexual and reproductive health services, sexual rights, reproductive rights, abortion, bodily autonomy, including for girls, contraception, family planning, education or information about sexuality or comprehensive sexuality education, the lack of proper regard for parental rights and other controversial terms that do not enjoy consensus.

The Holy See reiterates its longstanding and well-known positions on such language or concepts. In particular, the Holy See reaffirms its reservations to the Convention on the Rights of the Child and to the outcome documents of the International Conference on Population Development and the Beijing Declaration and Platform for Action. In addition, the Holy See would like to comment on the following:

1. Regarding the terms "sexual and reproductive health services", "reproductive rights", “right to sexual and reproductive health” the Holy See considers these terms as applying to a holistic concept of health. We do not consider abortion or access to abortion or abortifacients as a dimension of these terms. We do not recognize the creation of any new rights or the promotion of radical individual autonomy in this regard, as fully laid out in our reservations registered at both Cairo and Beijing conferences. We do not understand reproductive rights, by any means, as a prerequisite for economic empowerment or development.

2. With reference to "gender", the Holy See understands the term to be grounded in the biological sexual identity and difference that is male or female. Regarding the concept of “gender norms” the Holy See does not recognize the idea that gender is socially constructed, rather gender recognizes the objective identity of the human person as born male or female. 

3. With reference to the terms "contraception", "family planning", "sexual and reproductive health", "sexual and reproductive rights", “reproductive rights”, and any other terms regarding family-planning services and regulation of fertility concepts in these resolutions, the Holy See reaffirms its well-known position concerning those family-planning methods which the Catholic Church considers morally acceptable and, on the other hand, family-planning services which do not respect the liberty of the spouses, human dignity and the human rights of those concerned.

4. With respect to "education" or "information" or “evidence-based information and education” on "sexuality" or “sexual and reproductive health” or “comprehensive sexuality education”, the Holy See reiterates the "primary responsibility" and the "prior rights" of parents, including their right to religious freedom, when it comes to the education and upbringing of their children, as enshrined, inter alia, in the Universal Declaration of Human Rights and the Convention on the Rights of the Child. This ‘primary right’ finds its most concrete expression in the most grave duty of parents to take responsibility for the well-rounded personal and social education of their children, including their sexual and affective education, within the broader framework of an education for love, for mutual self-giving and, respectful of values that are rooted in human nature. In addition, the Holy See wishes to underline the centrality of the family, “the natural and fundamental group unit of society,” as well as the role and rights and duties of parents to educate their children.

The Holy See would kindly request that these reservations be made across all resolutions where these concepts or language appear but, particularly in relation to resolutions L.8, L.13, L.15, L.24, L.25 and L.26.

With regard to non-binding instruments, including these adopted resolutions, the Holy See places emphasis on the crucial distinction between treaties, which have been formally negotiated and adopted by States with the intention of creating legal obligations, and other international documents which do not possess the same authority.

It is also important to highlight that the outcomes of the informal consultations on a number of these resolutions demonstrate a lack of ambition towards a genuine consensus. The success and longevity of the Human Rights Council are contingent upon a return to the fundamental principle of consensus and respect for the positions of sovereign States, particularly with regard to sensitive issues.

Thank you, Mister President.