A/69/299
Report of the Special Rapporteur on the right of everyone to
the enjoyment of the highest attainable standard of physical
and mental health
Summary
In the present report, the Special Rapporteur considers a number of critical
elements that affect the effective and full implementation of the right to health
framework. He begins by reaffirming the justiciability of economic, social and
cultural rights, including the right to health, by reiterating the indivisibility and
interdependence of all human rights and stressing the timely entry into force of the
Optional Protocols to the International Covenant on Economic, Social and Cultural
Rights in 2013 and to the Convention on the Rights of the Child on a
communications procedure in 2014. The Special Rapporteur then explo res the
concept of the progressive realization of the right to health and underlines the
importance of the enforcement of State obligations through court judgements that
recognize the State’s capacity and incorporate monitoring by the court and civil
society participation. He further focuses on the accountability deficit of transnational
corporations and calls for an international mechanism to hold them liable for
violations of human rights. The Special Rapporteur also urges a review of the current
system of international investment agreements and the investor-State dispute
settlement system with a view to creating a level playing field between transnational
corporations and States. The Special Rapporteurs concludes his report with a set of
specific recommendations on bridging the gaps in the full realization of the right of
everyone to the enjoyment of the highest attainable standard of health.
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14-59014