E/C.12/2000/4
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24.
In all policies and programmes aimed at guaranteeing the right to health of children and
adolescents their best interests shall be a primary consideration.
Older persons
25.
With regard to the realization of the right to health of older persons, the Committee, in
accordance with paragraphs 34 and 35 of General Comment No. 6 (1995), reaffirms the
importance of an integrated approach, combining elements of preventive, curative and
rehabilitative health treatment. Such measures should be based on periodical check-ups for both
sexes; physical as well as psychological rehabilitative measures aimed at maintaining the
functionality and autonomy of older persons; and attention and care for chronically and
terminally ill persons, sparing them avoidable pain and enabling them to die with dignity.
Persons with disabilities
26.
The Committee reaffirms paragraph 34 of its General Comment No. 5, which addresses
the issue of persons with disabilities in the context of the right to physical and mental health.
Moreover, the Committee stresses the need to ensure that not only the public health sector
but also private providers of health services and facilities comply with the principle of
non-discrimination in relation to persons with disabilities.
Indigenous peoples
27.
In the light of emerging international law and practice and the recent measures taken by
States in relation to indigenous peoples,19 the Committee deems it useful to identify elements
that would help to define indigenous peoples’ right to health in order better to enable States with
indigenous peoples to implement the provisions contained in article 12 of the Covenant. The
Committee considers that indigenous peoples have the right to specific measures to improve their
access to health services and care. These health services should be culturally appropriate, taking
into account traditional preventive care, healing practices and medicines. States should provide
resources for indigenous peoples to design, deliver and control such services so that they may
enjoy the highest attainable standard of physical and mental health. The vital medicinal plants,
animals and minerals necessary to the full enjoyment of health of indigenous peoples should also
be protected. The Committee notes that, in indigenous communities, the health of the individual
is often linked to the health of the society as a whole and has a collective dimension. In this
respect, the Committee considers that development-related activities that lead to the
displacement of indigenous peoples against their will from their traditional territories and
environment, denying them their sources of nutrition and breaking their symbiotic relationship
with their lands, has a deleterious effect on their health.
Limitations
28.
Issues of public health are sometimes used by States as grounds for limiting the exercise
of other fundamental rights. The Committee wishes to emphasize that the Covenant’s limitation
clause, article 4, is primarily intended to protect the rights of individuals rather than to permit the
imposition of limitations by States. Consequently a State party which, for example, restricts the
movement of, or incarcerates, persons with transmissible diseases such as HIV/AIDS, refuses to