There are different views on where it is appropriate to differentiate between women and men, and one view is that the act of sexual intercourse is an act where this difference must be acknowledged, both due to the increased physical risks for the woman, and due to the historical context of women being systematically subjected to forced sexual intercourse while in a socially subordinated position (particularly within marriage and during war). States must also differentiate with regard to healthcare by ensuring that women's health – particularly with regard to reproductive health such as pregnancy and childbirth – is not neglected. According to the World Health Organization, "Discrimination in health care settings takes many forms and is often manifested when an individual or group is denied access to health care services that are otherwise available to others. It can also occur through denial of services that are only needed by certain groups, such as women." The refusal of states to acknowledge the specific needs of women, such as the necessity of specific policies like the strong investment of states in reducing maternal mortality can be a form of discrimination. In this regard treating women and men similarly does not work because certain biological aspects such as menstruation, pregnancy, labor, childbirth, and breastfeeding, as well as certain medical conditions, only affect women. The Committee on the Elimination of Discrimination against Women stipulates in its General recommendation No. 35 on gender based violence against women, updating general recommendation No. 19 that states should "Examine gender neutral laws and policies to ensure that they do not create or perpetuate existing inequalities and repeal or modify them if they do so". (paragraph 32). Another example of gender neutral policy which harms women is that where medication tested in medical trials only on men is also used on women assuming that there are no biological differences.
There are different views on where it is appropriate to differentiate between women and men, and one view is that the act of sexual intercourse is an act where this difference must be acknowledged, both due to the increased physical risks for the woman, and due to the historical context of women being systematically subjected to forced sexual intercourse while in a .socially subordinated position (particularly within marriage and during war). States must also differentiate with regard to healthcare by ensuring that women's health – particularly with regard to reproductive health such as pregnancy and childbirth – is not neglected According to the World Health Organization, "Discrimination in health care settings takes many forms and is often manifested when an individual or group is denied access to health care services that are otherwise available to others. It can also occur through denial of services that are only needed by certain groups, such as women." The refusal of states to acknowledge the specific needs of women, such as the necessity of specific policies like the strong investment of states in reducing maternal mortality can be a form of discrimination. In this regard treating women and men similarly does not work because certain biological aspects such as menstruation, pregnancy, labor, childbirth, and breastfeeding, as well as certain medical conditions, only affect women. The Committee on the Elimination of Discrimination against Women stipulates in its General recommendation No 35 on gender based violence against women, updating general recommendation No. 19 that states should "Examine gender neutral laws and policies to ensure that they do not create or perpetuate existing inequalities and repeal or modify them if they do so". (paragraph 32). Another example o.f gender neutral policy which harms women is that where medication tested in medical trials only on men is also used on women assuming that there are no biological differences.