The realization of the right to health of older persons 2011, para. 23
Paragraph- Paragraph text
- General comment No.14 describes legal obligations of States. The three primary obligations are to respect, protect and fulfil the right to health. The obligation to respect refers to the States' duty to refrain from interfering directly or indirectly with the right to health. In many cases, older persons are the object of State policies which may infringe upon their right to health. Examples include restrictions on the autonomy of older persons in terms of definitions of capacity without an individual determination. The obligation to protect deals with States' duty to prevent third parties, such as corporations, from interfering directly or indirectly with the right to health. This may be relevant, for example, where there is systematic abuse of the elderly in private long-term care facilities. Finally, the obligation to fulfil requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures to fully realize the right to health.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Year
- 2011
- Paragraph type
- Other
- Reference
- SR Health, Report to the HRC (2011), A/HRC/18/37, para. 23.
- Paragraph number
- 23
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