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Articles 29 to 44

Article 29

1. Countries shall ensure that health facilities responsible for providing care for newborn infants are equipped to a level appropriate to the resources available in that country. Such facilities should, to reduce the chances of infection, observe the highest standards of cleanliness and should be staffed by sufficient numbers of well-trained healthcare professionals, who can safely manage any emergencies that might affect the newborn infant.

2. All countries, as a minimum, shall provide in their facilities for newborn infants “kangaroo mother care”, gastric feeding of expressed breast milk, intravenous fluids, oxygen, antibiotics and, appropriate to the level of their resources and clinical need, assistance to breathing.

3. All countries, as a minimum, shall provide in their facilities for treating newborn infants the essential drugs identified by the World Health Organisation.

4. Countries shall ensure that systems are in place effectively to manage infants born prematurely who are at greater risk of complications which can, if inadequately managed, result in death or permanent brain damage.

5. Countries shall ensure that drugs to help mature the lungs are available and given to any pregnant woman or girl who enters premature labour in order to help protect the newborn infant from respiratory failure due to lung disease of prematurity.

6. Policies to manage the premature rupture of membranes which can result in serious infection as well as premature birth should be in place in health facilities.

7. Policies involving vitamin K administration to newborn infants to prevent bleeding into the brain should be in place.

8. For areas where gonorrhea is endemic, preventive eye care should be undertaken.


Article 30

1. Countries shall ensure that for all maternal deaths, stillbirths or neonatal deaths a review of the circumstances leading to the deaths are undertaken to identify avoidable factors which may help to prevent deaths in the future.


Article 31

1. Countries shall seek to ensure through community education that the deleterious effects of smoking, of ingesting certain drugs or alcohol on the development of the fetus-unborn child are recognised by women or girls who are or may become pregnant.

2. Countries shall make themselves aware of toxic substances present in the environment which are known to be noxious to the fetus-unborn child and endeavour to limit the exposure of pregnant women and girls and those who may become pregnant to these substances by public information and by environmental cleansing.


Article 32

1. Countries shall support the United Nations Convention on the Rights of the Child with respect to newborn infants, in particular their registration at birth, their need to be with their mothers despite any difficult circumstances that may arise, the provision of support for parents in caring for their infant and safe and appropriate procedures regarding fostering and adoption.


Article 33

1. Countries shall take measures to combat the forcing of pregnancy on girls or women in an attempt to traffic newborn infants within or between national boundaries for gain.


Article 34

1. Countries recognize the important functions performed by community education and ensure that the woman or girl who is pregnant has access to information from a diversity of national and international sources, especially those aimed at the promotion of her health and the health of her fetus-unborn child during pregnancy.


Article 35

1. A pregnant woman or girl who has temporarily or permanently been deprived of her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the Country.

2. Such care could include foster placement, Kafalah of Islamic law, adoption, or if necessary placement in a suitable institution for the care of pregnant women or girls. When considering solutions, due regard shall be paid to the desirability of maintaining continuity in the women or girl’s ethnic, religious, cultural and linguistic background.


Article 36

1. Countries shall take appropriate measures to ensure that a woman or girl who is pregnant and who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by her husband, partner, parents or by any other person, receive appropriate protection and humanitarian assistance paying particular attention to the fact that she is pregnant.


Article 37

1. Countries recognize, in accordance with the Convention on the Rights of Persons with Disabilities, the special needs of the disabled woman or girl who is pregnant.

2. Countries shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled women or girls who are pregnant.


Article 38

1. Countries shall recognize for every woman or girl who is pregnant the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their National Laws.


Article 39

1. Countries recognize the right of every woman or girl who is pregnant to a standard of living adequate for the best outcome of the pregnancy and health and development of her newborn infant or infants.

2. If a woman or girl who is pregnant, or has recently given birth, is not fully able to care adequately for herself and her infant, the husband, partner, parent(s) or others assisting with this have a primary responsibility to secure, within their abilities and financial capacities, the living conditions necessary for this pregnant woman or girl’s best outcome in terms of the pregnancy and future of her newborn infant or infants. Countries shall take appropriate measures to assist all of those responsible for helping to implement this right and shall, in case of need, provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.

3. Countries shall take all appropriate measures to secure the recovery of maintenance for the woman or girl who is pregnant from her husband, partner, parents or other persons having financial responsibility for her, both within the Country and from abroad. Where the person having financial responsibility lives in a different country, appropriate financial support should be pursued on behalf of the woman or girl who is pregnant.


Article 40

1. Countries shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of, or traffic in, girls or women who are pregnant or may become pregnant for any purpose, such as the sale of infants to families with infertility problems in other countries.


Article 41

1. Any lawful arrest, detention or imprisonment of a woman or girl who is pregnant shall be used only as a measure of last resort and for the shortest appropriate period of time.

2. Every pregnant woman or girl deprived of her liberty shall be treated in a manner which takes into account her special needs because she is pregnant.

3. Every pregnant girl who is deprived of her liberty shall be separated from adult prisoners unless it is considered in her best interest not to do so and shall have the right to maintain contact with her family through correspondence and visits, save in exceptional circumstances.

4. If a pregnant woman or girl is about to give birth in a situation of detention or imprisonment, she should be transferred to a suitable health facility as soon as labour begins. Subsequent to the birth, the mother should be allowed to keep her newborn infant with her for the duration of her imprisonment if this is consistent with the best interests of the infant as judged by a competent court of law. Every effort must be made by the relevant authorities to ensure adequate nutrition before and after the birth, to facilitate breast feeding and to support the mother in her care of her infant by appropriately qualified and experienced professionals. If her imprisonment extends beyond her child's infancy, then the child's future placement should be determined by the court having regard to the paramount nature of the child's best interests.


Article 42

1. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflict, Countries shall take all feasible measures to ensure protection and care of pregnant woman or girls affected.

2. Countries shall provide special care for the woman or girl who has become pregnant as a result of rape during situations of armed conflict.


Article 43

1. Countries shall take all appropriate measures to offer professional short and long term help for any woman or girl who has become pregnant as a result of rape.


Article 44

1. Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the woman or girl who is pregnant and which may be contained in: (a) the law of the country or (b) International law in force for that country.

  

 

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