A/HRC/38/36 United Nations General Assembly Distr.: General 10 April 2018 Original: English Human Rights Council Thirty-eighth session 18 June–6 July 2018 Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health Note by the Secretariat The Secretariat has the honour to transmit to the Human Rights Council the report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, prepared pursuant to Council resolution 33/9. In the report, the Special Rapporteur addresses the relationship between the right to health and specific forms of deprivation of liberty and confinement in penal and medical regimes. Detention and confinement remain the policy tool preferred by States to promote public safety, “morals” and public health, doing more harm than good to public health and the realization of the right to physical and mental health. The Special Rapporteur calls for the full implementation of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and for the development of supportive communitybased services as alternatives to detention and confinement in various cases. GE.18-05613(E) 

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