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Food, nutrition and the right to health
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2023
- Document code
- A/78/185
- Date modified
- Dec 12, 2023
Document
Digital innovation, technologies and the right to health
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2023
- Document code
- A/HRC/53/65
- Date modified
- Dec 12, 2023
Document
Racism and the right to healt
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/77/197
- Date modified
- Dec 12, 2023
Document
Violence and its impact on the right to health
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/HRC/50/28
- Date modified
- Dec 12, 2023
Document
Sexual and reproductive health rights: challenges and opportunities during COVID-19
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/76/172
- Date modified
- Dec 12, 2023
Document
Strategic priorities of work
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/47/28
- Date modified
- Dec 12, 2023
Document
Commentary on the COVID-19 Pandemic
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/75/163
- Date modified
- Dec 11, 2023
Document
Mental Health and Human Rights: Setting a Rights-based Global Agenda
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/HRC/44/48
- Date modified
- Dec 11, 2023
Document
A human rights-based approach to health workforce education
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/74/174
- Date modified
- Dec 11, 2023
Document
The role of the determinants of health in advancing the right to mental health
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/41/34
- Date modified
- Dec 11, 2023
Document
Right to mental health of people on the move
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/73/216
- Date modified
- Dec 11, 2023
Document
Deprivation of liberty and the right to health1
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/HRC/38/36
- Date modified
- Dec 11, 2023
Document
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 34
- Paragraph text
- Globally, there have been periods where sex work has been highly regulated or decriminalized, generally to manage certain aspects of sex work or to achieve control of disease, particularly within the military. However, prohibitions against sex work are regarded as "notoriously difficult to enforce" and of questionable utility where enforcement is accompanied by extortion and brutality. In recent times, significant opposition has arisen to the imposition of criminal sanctions against sex workers, and certain nations have amended laws to decriminalize sex work.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Sep 22, 2021
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 39
- Paragraph text
- Stigmatization has been cited as the major factor preventing sex workers from accessing their rights. Laws criminalizing or onerously regulating sex work compound the stigmatization experienced by sex workers, adversely affecting health outcomes, often without justification on the grounds of public health. The Geschlechtskrankheitengesetz, a law in Germany designed to combat venereal disease, required prostitutes to undergo mandatory medical examinations. This law legally stigmatized sex workers as being almost solely responsible for the spread of venereal disease, despite the absence of epidemiological studies to support this. The law has since been amended to provide for voluntary, anonymous testing.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Sep 22, 2021
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 44
- Paragraph text
- Moreover, the criminalization of practices related to sex work can create barriers to the realization of safe working conditions. For instance, where laws exist prohibiting the running of a brothel, those who invariably subvert the law and run such a business can impose unsafe working conditions without difficulty, as sex workers themselves have no recourse to legal mechanisms through which they can demand safer working conditions. Where criminalization in any form exists, the protection offered by a brothel or a manager may become increasingly desirable or necessary, but this also comes at a price: fiscally, through the opportunities created for extortion, and in terms of health.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Sep 22, 2021
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 35
- Paragraph text
- For example, New Zealand decriminalized sex work in 2003, with the express aim of safeguarding the human rights of sex workers. Prior to decriminalization, sex workers were less willing to disclose their occupation to health workers or to carry condoms. Since decriminalization, sex workers have reported feeling that they have enforceable rights, including the rights to health and security of person, and are increasingly able to refuse particular clients and practices, and negotiate safer sex.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Sep 22, 2021
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 37
- Paragraph text
- The use of punitive measures against sex workers, such as antisocial behaviour orders in the United Kingdom of Great Britain and Northern Ireland, has undermined effective health promotion activities. Raids, cautions and arrests generally result in a shift of the sex worker population, often towards unsafe areas, putting sex workers at higher risk. Criminalization has also been noted to diminish the "bargaining power" of sex workers in choosing clients and negotiating condom use.
- 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
- Topic(s)
- Health
- Violence
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Sep 22, 2021
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 47
- Paragraph text
- Criminalization represents a barrier to participation and collective action, through the suppression of activities of civil society and individual advocates. The participation of sex workers in interventions has been shown to have significant benefits. Organizations representing sex workers took an early lead in attempting to slow the spread of HIV/AIDS, through the promotion of condom use, the development of AIDS education programmes and inclusive research studies.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Sep 22, 2021
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 50
- Paragraph text
- Decriminalization also assists in appropriately targeting these health promotion projects, as sex workers are more likely to self-identify and voluntarily take part in interventions if the risk of legal repercussion is eliminated. Effective interventions around the health of sex workers and clients should also consider shared responsibility and client behaviour; this is increasingly possible in an environment where clients are not criminalized for using the services of sex workers.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Sep 22, 2021
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 76b
- Paragraph text
- [The Special Rapporteur calls upon States:] To repeal all laws criminalizing sex work and practices around it, and to establish appropriate regulatory frameworks within which sex workers can enjoy the safe working conditions to which they are entitled. He recommends that States implement programmes and educational initiatives to allow sex workers access to appropriate, quality health services;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Sep 22, 2021
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 36
- Paragraph text
- Criminalization represents a barrier to accessing services, establishing therapeutic relationships and continuing treatment regimes, leading to poorer health outcomes for sex workers, as they may fear legal consequences or harassment and judgement. This is particularly concerning given that HIV has been noted to disproportionately affect sex workers in many regions.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Sep 22, 2021
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 40
- Paragraph text
- In China, laws have evolved to allow for the punishment of sex workers through administrative detention; workers are detained for the purposes of re-education, which causes significant psychological suffering, along with stigmatization and shaming of those involved in sex work in the region.
- 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
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Sep 22, 2021
Paragraph
Right to health of adolescents 2016, para. 9
- Paragraph text
- Adolescence is a life stage of intrinsic value, not merely a transition between childhood and adulthood. It is a critical developmental stage characterized by growing cognitive abilities and emotional competencies, during which the brain has substantial neural plasticity. The physical, mental and social potential established during the second decade contributes to enhanced intellectual ability and emotional functioning throughout adulthood.
- 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
- Topic(s)
- Health
- Person(s) affected
- Adolescents
- Year
- 2016
- Date modified
- Sep 22, 2021
Paragraph
Right to health of adolescents 2016, para. 110
- Paragraph text
- The Special Rapporteur would like to link his recommendations with the global call to double investment in adolescence as a major precondition of successfully attaining the 2030 Agenda for Sustainable Development and the Sustainable Development Goals.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Year
- 2016
- Date modified
- Sep 22, 2021
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 74
- Paragraph text
- The Special Rapporteur recommends that States ratify the Optional Protocols to the International Covenant on Economic, Social and Cultural Rights and to the Convention on the Rights of the Child on a communications procedure, thereby recognizing the competence of the respective committees to consider individual communications with a view to ensuring the availability of an international adjudicatory mechanism for individuals whose right to health has been violated. The Special Rapporteur further recommends that States recognize the competence of the Committee on Economic, Social and Cultural Rights to receive and consider inter-State communications.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
The right to mental health 2017, para. 87
- Paragraph text
- The urgent need for a shift in approach should prioritize policy innovation at the population level, targeting social determinants and abandon the predominant medical model that seeks to cure individuals by targeting “disorders”.
- 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
- Topic(s)
- Health
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 54
- Paragraph text
- International investment agreements may provide for exceptions that can be used by States to defend laws in the public interest, such as public health laws. Even where international investment agreements contain such exceptions, however, investor rights may trump them. After Uruguay had entered into a bilateral investment treaty with Switzerland, it adopted public health measures on the packaging and advertisement of cigarettes, in accordance with local laws, which were enacted pursuant to the World Health Organization Framework Convention on Tobacco Control. Although those measures accorded with the public health exception in the bilateral investment treaty, Phillip Morris International initiated a dispute against Uruguay, claiming that its law was unreasonable and breached the guarantee of fair and equitable treatment.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
The right to mental health 2017, para. 89
- Paragraph text
- There are already promising initiatives in place throughout the world, including in low- and middle-income countries, which challenge the status quo. Creating the space, through strong political leadership and resources, to enable those practices to take shape in communities is a powerful means to promote and advance the changes needed.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
The right to mental health 2017, para. 47
- Paragraph text
- Discrimination, de jure and de facto, continues to influence mental health services, depriving users of a variety of rights, including the rights to refuse treatment, to legal capacity and to privacy, and other civil and political rights. The role of psychiatry and other mental health professions is particularly important and measures are needed to ensure that their professional practices do not perpetuate stigma and discrimination.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 102a
- Paragraph text
- [The Special Rapporteur recommends that national human rights institutions, non-State actors and sporting bodies:] Periodically and independently monitor and promote realization of the right to health in the context of sport and physical activity (national human rights institutions and civil society);
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 18
- Paragraph text
- Finally, States should refrain from interfering with athletes' health rights by means of laws, policies or programmes involving forced or coercive medical treatments or experimentation, such as doping, conducted in order to enhance sporting ability among athletes.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 101c
- Paragraph text
- [The Special Rapporteur recommends that States:] Create or enforce national human rights protection mechanisms applicable to amateur and professional athletes, ensuring access to justice and redress in the event of rights violations;
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 84
- Paragraph text
- Such costs often have a significant and disproportionate impact on the poor, who pay a considerably larger portion of their total income on health. In turn, they drive many households into poverty or deepen the poverty of those already poor. Such fees could bar those without the means to pay from receiving needed care, as well as discourage people from seeking care in the first place.
- 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
- Topic(s)
- Health
- Poverty
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Work of the mandate and priorities of the SR 2015, para. 81
- Paragraph text
- However, after more than a decade since the publication of the landmark World Health Report 2001, mental health remains hostage to outdated attitudes and inadequate services. Studies show that, in many instances, there is either no access to mental health services at all, or those services are stigmatizing and violate human rights.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Work of the mandate and priorities of the SR 2015, para. 88
- Paragraph text
- In line with the life-cycle approach, the Special Rapporteur will dedicate his next thematic report to the challenges to, opportunities for and best practices in promoting the right to health in early childhood. He will analyse two interdependent and indivisible rights directly related to the right to health: the right to survival and the right to development during first five years of life.
- 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
- Topic(s)
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 112f
- Paragraph text
- [In this connection, the Special Rapporteur urges Governments:] To promote the development and practical application of appropriate indicators and benchmarks to monitor progress in the realization of the right to health in early childhood, including in the areas of emotional and social development;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 103
- Paragraph text
- As the global health agenda moves from a survival to a survival and development agenda, the Special Rapporteur urges high-income States to support low-income States in their endeavour to enhance the promotion and protection of the right to health in early childhood, including its developmental dimensions.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 33
- Paragraph text
- Moreover, States should mobilize more political will and resources and facilitate the meaningful involvement of all relevant stakeholders, in particular civil society actors, in the realization of goals and targets of the sustainable development goals related to early childhood.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 25
- Paragraph text
- These elements can be safeguarded through best practices such as planned, safe pregnancy and childbirth; exclusive breastfeeding in the first six months followed by appropriate complementary feeding and responsive parenting; preventive interventions such as vaccines for the treatment of diseases; protection from violence, neglect and abuse; and the reduction of environmental risks.
- 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
- Topic(s)
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 3
- Paragraph text
- Health, survival and development are not sequential but are intrinsically linked and simultaneous processes. Early childhood programmes should continue to pursue objectives that include survival and health in the short term, but they should more consistently go beyond to embrace healthy development and health throughout life.
- 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
- Topic(s)
- Education
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 35
- Paragraph text
- Pricing policies of pharmaceutical industries greatly impact the affordability of medicines. Under the right to health, pharmaceutical companies have a shared responsibility to ensure that the prices of their medicines do not put them out of the reach of a majority of the population. Earlier tiered pricing of essential medicines was the norm, whereby essential medicines were sold systematically at a lower price in developing countries as compared to developed countries. Later many multinationals however opted for universal tiered prices. Tiered pricing policies have now re-emerged. Some multinational companies now engage in tiered pricing between and within countries, based on income levels (equity based pricing), which can be profitable for companies due to increases in volume and attractive to developing countries due to reductions in prices. In practice, however, tiered pricing has been limited to certain medicines such as ARVs, vaccines and contraceptives. Moreover, given the lack of guarantee of low prices and the diminished role for government decision-making in such pricing policies, alternatives such as promoting robust market competition have been recommended as good practices with a view to lowering the prices of medicines.
- 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
- Topic(s)
- Economic Rights
- Health
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Right to health in conflict situations 2013, para. 55
- Paragraph text
- The majority of contemporary conflicts are non-international armed conflicts involving one or more non-State armed groups. These non-State armed groups may significantly affect the enjoyment of the right to health in conflict. One study has found that non-State armed groups are as likely as State forces to attack or interfere with health facilities, and nearly twice as likely to enter hospitals for illegitimate purposes.
- 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
- Topic(s)
- Health
- Humanitarian
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Right to health in conflict situations 2013, para. 19
- Paragraph text
- Moreover, acceptability requires health facilities, goods and services to be in line with medical ethics. This includes provision of impartial care and services by health professionals to people affected by conflict. Medical impartiality in treating wounded people is also mandated by international humanitarian law. Therefore, health professionals have obligations vis-à-vis provision of health services to people affected and/or involved in conflict.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
The right to health and development 2011, para. 45
- Paragraph text
- These processes - participation-based empowerment intervention strategies - are grounded in the right to health framework, and had a broad impact on factors reducing vulnerability of sex workers to infection with HIV and other STDs. Outcomes of these processes also included improved knowledge of STDs and condom protection and the establishment of social support amongst sex workers.
- 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
- Topic(s)
- Gender
- Health
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 76
- Paragraph text
- [Member States should:] Ensure that all harm-reduction measures (as itemized by UNAIDS) and drug-dependence treatment services, particularly opioid substitution therapy, are available to people who use drugs, in particular those among incarcerated populations.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 54
- Paragraph text
- Prioritizing the most vulnerable requires acknowledging that many populations are invisible through traditional data collection methods either because they are excluded from civil registration or because they face other barriers, such as being homeless or criminalized, and never come into contact with official statistical processes. Qualitative data collection methods are a practical and powerful complement to traditional quantitative methods.
- 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
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 55
- Paragraph text
- Modern health systems and modern health policies should not be limited to a biomedical model of addressing separate diseases and managing them with advanced biomedical interventions. Addressing social and other underlying determinants of health by applying modern principles of health promotion, primary care, mental health and integrated health and social services is legally required by the right to health, including in early childhood.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 65j
- Paragraph text
- [In applying a right-to-health approach, States should undertake reforms toward the development and implementation of policies and programmes relating to sexual and reproductive health as required by international human rights law. In that context, the Special Rapporteur calls upon States to:] Ensure safe, good quality health services, including abortion, using services, in line with WHO protocols;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 65h
- Paragraph text
- [In applying a right-to-health approach, States should undertake reforms toward the development and implementation of policies and programmes relating to sexual and reproductive health as required by international human rights law. In that context, the Special Rapporteur calls upon States to:] Decriminalize abortion, including related laws, such as those concerning abetment of abortion;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 102e
- Paragraph text
- [The Special Rapporteur recommends that national human rights institutions, non-State actors and sporting bodies:] Review all policies and operations concerning major sporting events and professional sporting competitions for compliance with the Guiding Principles on Business and Human Rights, and put in place protective mechanisms for athletes, workers and citizenry (international/national sporting bodies; private actors).
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 78
- Paragraph text
- The Special Rapporteur wishes to emphasize that universal health coverage must be understood as consistent with the right to health. While some components of targets 3.7 and 3.8, namely universal coverage, financial risk protection, access to quality essential health-care services, access to safe, effective, quality and affordable essential medicines and vaccines, and universal access to sexual and reproductive health-care services, can be read as consistent with the right to health, they obscure vital right-to-health standards.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Work of the mandate and priorities of the SR 2015, para. 31
- Paragraph text
- The Special Rapporteur concurs with his predecessors that a comprehensive right-to-health approach is necessary, which includes decriminalization of sexual orientation and gender identities, certain behaviours and health status, as well as the establishment of conducive legal and administrative frameworks with emphasis on human rights education, meaningful participation and empowerment of the groups targeted, and serious efforts to reduce stigma and discrimination in society as a whole.
- 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
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 73c
- Paragraph text
- [To ensure effective enforcement of the right to health in domestic jurisdictions, the Special Rapporteur makes the following recommendations:] Judgements and orders should be implemented with the participation of affected communities and other stakeholders;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Migrant worker’s right to health 2013, para. 50
- Paragraph text
- Agricultural work is associated with particular occupational health risks. For example, exposure to pesticides and other farm chemicals has been linked to elevated distress levels, depression, neurological problems and miscarriages. Heavy and repetitive manual work also places great strain on the body, with associated risks of musculoskeletal injuries. Such risks must be addressed legislatively through enforceable occupational health and safety regulation and mechanisms for remedial action.
- 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
- Topic(s)
- Health
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 13
- Paragraph text
- Courts are experienced in adjudicating the immediate obligation of non discrimination with regard to health. For example, in Eldrige v. British Columbia (Attorney General), the Supreme Court of Canada found that the Medical and Health Care Services Act discriminated against deaf and hard of hearing people because its lack of provision for sign language interpreters denied them equal benefits under the 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 66
- Paragraph text
- Decriminalization and de-penalization have the potential to diminish the risks associated with drug use and increase participation of people who use drugs in drug treatment. In Portugal, drug use decreased in absolute terms across key demographic categories following decriminalization, and both drug-related mortality and new cases of HIV among people dependent on drugs decreased. The number of people undertaking substitution therapy also rose from 6,040 to 14,877 between 1999 and 2003.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 21
- Paragraph text
- Some States criminalize the carrying of needles, syringes and other drug paraphernalia, contrary to the International Guidelines on HIV/AIDS and Human Rights. Fear of arrest and criminal sanctions might deter individuals from accessing needle and syringe programmes and carrying sterile equipment, which increases the likelihood of unsterile equipment use and disease transmission. Legislation penalizing people carrying such equipment - including outreach workers - has been recognized as a barrier to HIV control.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 29
- Paragraph text
- States must take measures to ensure that legal and safe abortion services are available, accessible, and of good quality. Safe abortions, however, will not immediately be available upon decriminalization unless States create conditions under which they may be provided. These conditions include establishing available and accessible clinics; the provision of additional training for physicians and health-care workers; enacting licensing requirements; and ensuring the availability of the latest and safest medicines and equipment.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 42
- Paragraph text
- Restricted access to opioids has an obvious impact on the availability of OST (see discussion in section VI below). However, there are three other primary areas in which access to controlled medicines is essential: (a) management of moderate to severe pain, including as part of palliative care for people with life-limiting illnesses; (b) certain emergency obstetric situations; and (c) management of epilepsy.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
Corruption and the right to health 2017, para. 74
- Paragraph text
- The inclusion of new disorders in DSM-5 referred to above have led some to question whether the updated edition inadvertently functioned as a vehicle for high-profit patent extensions. It was found that in the majority of clinical trials testing drugs for new DSM disorders (e.g., “Binge-eating disorder”), there were commercial ties between DSM-5 panel members and the pharmaceutical companies that manufactured the drugs that were being tested for these new disorders. This is not to suggest any wrongdoing on the part of DSM panel members, but rather to emphasize the economies of influence at play and that transparency alone is an insufficient measure for systemic problems.
- 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
- Topic(s)
- Health
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
Corruption and the right to health 2017, para. 42
- Paragraph text
- In the health sector, low-income and other groups in vulnerable situations are affected the most by corruption and a lack of transparency. Lower-income groups have the most difficulty affording the informal payments that are often required to receive the medical treatment they need. In health-care settings that face a high level of corruption, the poorer sections of the population and those who live in rural areas may suffer longer waiting periods at public health clinics and are also more frequently denied vaccines than rich and urban sections of the population. Health sector corruption can also lead to discrimination more directly when health-care providers and professionals treat patients differently according to their income and their contact with the medical profession.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
Corruption and the right to health 2017, para. 17
- Paragraph text
- Health reforms introduce organizational changes that can mitigate corruption but may also open new channels for abuse. As discussed during the expert consultation held in Bangkok, transferring responsibility for public health facilities from national to local governments may make them more accountable and less corrupt, but it can also create opportunities for local officials to divert resources for personal gain. Deregulation can eliminate requirements that are exploited by public officials to charge bribes, but it can also eliminate rules and oversight that are necessary to protect the public against unscrupulous actors. Permitting doctors to combine public and private practices is often justified as assuring staffing of public facilities, but may create situations where patients cannot obtain treatment to which they are entitled in public facilities, either because doctors are unavailable or because they encourage patients to see them privately.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
The right to mental health 2017, para. 80
- Paragraph text
- Despite the right to health obligation to provide psychosocial interventions and support, they are sadly viewed as luxuries, rather than essential treatments, and therefore lack sustainable investment in health systems. That is despite evidence demonstrating that they are effective. These are essential interventions, which produce positive health outcomes and safeguard individuals from potentially harmful, more invasive medicalization. Importantly, they can include simple, low-cost, short-term interventions delivered within regular community health-care settings. Nurses, general practitioners, midwives, social workers and community health workers must be equipped with psychosocial skills to ensure accessibility, integration and sustainability. Psychosocial interventions, not medication, should be the first-line treatment options for the majority of people who experience mental health issues.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
The right to mental health 2017, para. 17
- Paragraph text
- Three major obstacles which reinforce each other are identified in the following sections.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
The right to mental health 2017, para. 39
- Paragraph text
- In view of that obligation, it is troubling that mental health is still neglected in development cooperation and other international policies on health financing. Between 2007 and 2013, only 1 per cent of international health aid went to mental health. In times of humanitarian crises, in both the relief and recovery stages, international support must include psychosocial support to strengthen resilience in the face of enormous adversity and suffering. Elsewhere, where cooperation has been provided, it has prioritized the improvement of existing psychiatric hospitals and long-term care facilities that are inherently incompatible with human rights.
- 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
- Topic(s)
- Health
- Humanitarian
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
The right to mental health 2017, para. 9
- Paragraph text
- The modern understanding of mental health is shaped by paradigm shifts often marked by a combination of improvements and failures in evidence-based and ethical care. This began 200 years ago with the desire to unchain the “mad” in prison dungeons and moved to the introduction of psychotherapies, shock treatments, and psychotropic medications in the 20th century. The pendulum of how individual pathology is explained has swung between the extremes of a “brainless mind” and a “mindless brain”. Recently, through the disability framework, the limitations of focusing on individual pathology alone have been acknowledged, locating disability and well-being in the broader terrain of personal, social, political, and economic lives.
- 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
- Topic(s)
- Health
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
Work of the mandate and priorities of the SR 2015, para. 74
- Paragraph text
- The historical divide, both in policies and practices, between mental and physical health has unfortunately resulted in political, professional and geographical isolation, marginalization and stigmatization of mental health care.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Work of the mandate and priorities of the SR 2015, para. 76
- Paragraph text
- The Special Rapporteur would like to highlight two key messages of the modern public mental-health approach. Firstly, there is no health without mental health. Secondly, good mental health means much more than absence of a mental impairment.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 56
- Paragraph text
- Under the right to health framework, States should extend their assistance and cooperation to full realization of the right to health. While entering into international agreements, States should ensure that such agreements do not negatively impact on the enjoyment of the right to health.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 69
- Paragraph text
- The Special Rapporteur encourages States to ensure that central principles of non-discrimination, transparency, accountability, and multi-stakeholder participation, particularly of affected communities and vulnerable groups, are adequately reflected in the policies and activities under the national plan of action on medicines.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 35
- Paragraph text
- Reports indicate that some patients are subject to perverse therapies such as "flogging therapy". Similarly, it has been reported that patients are forced to labour for nearly 17 hours a day, all week, under threat of beatings and other physical punishments.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 94
- Paragraph text
- In the consultations connected with the present report, new initiatives reported by States indicated great interest and creativity in regard to the promotion of sport and healthy lifestyles. These included a "Health Academy" programme incorporated into a basic health-care scheme (Brazil); the removal of taxes on sporting goods (Brunei and Mauritius); frameworks for the inclusion of minority groups, namely Roma (Bulgaria); the recognition of sport as a cultural right (Finland); the implementation of school sports programmes, such as "Sports Olympiads" (Georgia); free public sports programmes, including Zumba dancing (Honduras), aerobics classes (Malta) and "School of Health" volunteer-led exercise classes (Slovenia); doctors "prescribing" exercise to patients (Israel); an annual "Sports Day" (Qatar); and citizen-led cycling groups (Saudi Arabia).
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 88
- Paragraph text
- A number of entities involved in the organization and operation of major sporting events and competitions incur indirect rights obligations: the International Olympic Committee, the International Paralympic Committee, and the Fédération internationale de football association (FIFA), among others. These bodies have a vital role to play in implementing policies and activities aimed at realizing the right to health in the sporting context. Enhancement of protection of the human rights of athletes should not be perceived as a threat to the continued operation of major events but rather as a means of increasing the confidence of athletes and the public in the integrity of sporting institutions.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 25
- Paragraph text
- States should take action to ensure that sufficient resources and infrastructure are devoted to enabling people to access and participate in sport and physical activity, as part of a broader strategy to encourage the adoption of healthy lifestyles. Three primary steps must be taken by States in this regard. Firstly, States should immediately include the facilitation and promotion of physical activity and healthy lifestyles in national planning, if this has not already been done. Secondly, quality physical education programmes, including in school and health-care settings, should be established (or updated) in accordance with human rights standards. Finally, progressive implementation, expansion and/or improvement of goods, facilities, services and information provision relevant to sport and healthy lifestyles should be undertaken, subject to resource constraints.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 24
- Paragraph text
- States should provide mechanisms through which normative review and legal enforcement, as pertains to alleged health rights violations, can occur. There should be no barrier to the investigation and prosecution of such incidents, as competitive and amateur sports are as subject to international human rights law as any other activity undertaken within a State's jurisdiction. As an interim option or an alternative, it may be necessary or most effective for States to create independent complaints and monitoring mechanisms, potentially using existing human rights institutions, that people can utilize in the event of an alleged breach of their right to health in the sporting context. These could allow for redress and remedy through alternative dispute resolution mechanisms, such as mediation and arbitration. However, this should not preclude the referral of serious violations to national courts, especially allegations of criminal activity, which must be treated as criminal activity as in any other setting.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 86
- Paragraph text
- States will not achieve Goal 3 without a robust commitment to addressing social and psychosocial determinants of health, as well as inequalities in income, education, living and working conditions and distribution of resources. Universal health coverage must not be limited to biomedical interventions such as medicines and vaccines but must equally include modern interventions that go beyond the biomedical model, including psychosocial and other interventions that address structural and environmental barriers to health. These interventions should be supported and funded as effective and essential interventions, on par with biomedical interventions, and should not be seen as a luxury available only to rich countries.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 51
- Paragraph text
- Participation of a diverse cross section of civil society, especially user groups, affected communities and grass-roots activists, is essential to ensuring implementation of a global agenda that is inclusive and meaningful for all. The right to health requires that participation be active and meaningful and thus move beyond tokenistic modes of representation. This requires resource mobilization and establishing various mechanisms for civil society to engage with national, regional and international Sustainable Development Goal processes, including the high-level political forum on sustainable development (Goal 17).
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Work of the mandate and priorities of the SR 2015, para. 83
- Paragraph text
- Mental health deserves much more attention and must be effectively mainstreamed within the Sustainable Development Goals through the goals and benchmarks related to health and sustainable development. The high number of suicides and suicide attempts are an indicator that the mental health of individuals and population needs to be addressed very seriously. Concerted and effective measures need to be applied to substantively address this challenge and reduce the numbers of suicides, which have in many countries reached epidemic rates. The Special Rapporteur will further analyse the relevance of human rights in addressing suicide and other mental health issues as a public health challenge.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Work of the mandate and priorities of the SR 2015, para. 80
- Paragraph text
- The end of twentieth century brought two main messages to the international community. The first message was about the centrality of mental health in the modern health policies, based on the high burden of mental-health problems and mental disorders. The second message was that, contrary to the previous understanding, effective measures are possible if outdated traditions are abandoned and the modern public health approach is applied. In the twenty-first century there is no place for psychiatric institutions based on stigma and segregation, and there is a need, in words of G.H. Brundtland "to ensure that ours will be the last generation that allows shame and stigma to rule over science and reason".
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Work of the mandate and priorities of the SR 2015, para. 27
- Paragraph text
- On the issue of drug policy, the work of the Special Rapporteur's predecessors has shown that the current international system's punitive regime, which focuses on creating a drug-free world, has failed mostly owing to ignorance of the realities surrounding drug use and dependence (see A/65/255). There is a need for a shift in the current drug control regime away from substance-oriented policies and an increased focus on human rights. Evidence has shown that the criminalization of certain behaviours leads to a reluctance to seek help, including health-related services, and this should be a concern to the authorities. Pursuing overly punitive approaches has resulted in more health-related harms than those the authorities seek to prevent.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 91
- Paragraph text
- Accountability is essential if the right to health is to be more than window dressing. International human rights law provides a legal basis for accountability. The three primary components of accountability are monitoring, review and redress. Multiple administrative, political and legal accountability processes have a role to play in guaranteeing the right to health, including survival and development, in early childhood. These mechanisms should provide accountability for the protection of the rights to health and healthy development in early childhood in national policies, programmes and plans and in the delivery of services and enable individuals and groups to seek redress where this has not happened.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 112m
- Paragraph text
- [In this connection, the Special Rapporteur urges Governments:] To prohibit discrimination against intersex people, including by banning unnecessary medical or surgical treatment, and adopt measures to overcome discriminatory attitudes and practices through awareness-raising, training for public officials and medical professionals and the elaboration of ethical and professional standards that respect the rights of intersex persons, in consultation with intersex people and their organizations;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 84
- Paragraph text
- Intersex refers mainly to physical aspects of the body and includes a wide range of natural body variations that do not conform to prevailing notions of male and female bodies. Deeply rooted stereotypes around gender dichotomy and medical norms about male and female bodies have led to the establishment of a medical practice of routine interventions and surgeries on intersex people, including irreversible genital surgery and sterilization. These interventions are not always necessary on medical grounds and are often not performed with the informed consent of the persons concerned. Moreover, medical classifications currently codify intersex characteristics as pathologies or disorders.
- 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
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 18
- Paragraph text
- Any debate about the general justiciability of the right to health ended with the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on 5 May 2013 and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure on 14 April 2014. It is recommended that States ensure that the right to health is justiciable in their domestic jurisdictions. Most individual obligations of the right to health are clearly justiciable, and only obligations to fulfil that are progressively realizable require further analysis to confirm their justiciability.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 32
- Paragraph text
- Imported medicines usually exact a tariff in the country of import which is normally added onto the cost of a medicine. Half of the surveyed States indicated that a tariff or levy is imposed on imported medicines. Tariffs are indeed applied to finished pharmaceutical products in 38 per cent of countries and to APIs in 41 per cent. The States, however, reported having differential policies with respect to import tariffs levied on such specific medicines as antibiotics, antiretrovirals (ARVs), cancer drugs and vaccines, which is a positive practice and can help reduce the prices of these life-saving medicines.
- 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
- Topic(s)
- Health
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 58
- Paragraph text
- Standard Treatment Guidelines (STGs) are invaluable for rational prescription of medicines, as they provide guidance on the most appropriate treatment options with respect to the local burden of disease. Unfamiliarity with STGs has been demonstrated in the instances of inappropriate use of antimicrobials for non-bacterial infections, over-use of injections where oral formulations are indicated and irrational combinations for fixed dose medications. Incorrect choice of medicines by physicians has been linked to higher levels of resistance, increased costs, morbidity and mortality in patients. As a good practice, prescribers and health-care workers should be regularly trained in STGs to promote rational prescribing to patients. Regularly updating, monitoring and evaluating the effectiveness of STGs promote adequate access to appropriate medicines. However, this has not been done in many countries, which is a challenge that States ought to overcome.
- 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
- Topic(s)
- Health
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Right to health in conflict situations 2013, para. 59
- Paragraph text
- The Special Rapporteur recognizes that parties to conflict may be reluctant to conclude such agreements for fear of legitimizing the other party or due to concerns that they may concede control over territory or governmental functions. However, many of these objections can be overcome by measures such as decoupling human rights agreements from ceasefire or power-sharing negotiations, explicitly stating that such negotiations will not affect political recognition or mediating negotiations through a mutually trusted third party, and should not be seen as insurmountable. States should also ensure that such initiatives are not hampered by overly broad counter-terrorism laws. Many counter-terrorism laws currently criminalize all forms of engagement with organizations listed as terrorist groups, deterring many humanitarian agencies from engaging with armed groups on their human rights responsibilities for fear of being labelled as or connected to armed groups termed "terrorists".
- 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
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Right to health in conflict situations 2013, para. 21
- Paragraph text
- States may enact laws that impose a duty on health-care workers to report persons who may have committed a crime. However, some States have enacted laws and policies restricting or criminalizing provision of medical care to people opposing the State, such as political protestors and non-State armed groups. Laws criminalizing support for terrorists or others opposing the State may also be inappropriately applied to the provision of medical care. Consequently, doctors and other health-care workers have been arrested, charged and sentenced for acting within their professional duty of ensuring medical impartiality. Such laws may deter health-care workers from providing services in conflict situations due to fear of prosecution, thus creating a chilling effect on health-care providers.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Occupational health 2012, para. 50
- Paragraph text
- Accountability may have both prospective and retrospective components. Prospective accountability means that at all times the State must be able to demonstrate and justify how it is discharging its obligations. States are accountable to explain to all affected parties what steps they are taking to achieve the full realization of the right to health, and why these steps are being taken. For example, in the mining industry, this means that a worker concerned about exposure to asbestos should have access to information detailing the steps that the State has taken to prevent or reduce exposure to this harmful substance. In order to assess whether these steps are effective, and therefore whether States are meeting their obligations under the right to occupational health, the results of the monitoring of exposure levels and the incidence of asbestos-related diseases must be available and accessible. In this manner, prospective accountability is closely linked to monitoring and evaluation, both of which are critically necessary to determine whether the actions of States are consistent with its obligations under the right to health.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Right to health in conflict situations 2013, para. 31
- Paragraph text
- In occupied territories and in areas where health care is funded or provided by the military, health-care workers have been targeted due to their perceived association with military forces. Health professionals may also be targeted for providing services to anti-Government groups due to perceived support for such groups. Misuse of health-care delivery programmes, such as vaccination programmes, to further military aims may erode the perception of impartiality of medical personnel and create mistrust of health workers among the civilian population, which may lead to killings of health-care workers and rejection of vaccination programmes to the detriment of public health. Making health facilities, goods and services available through civilian, rather than military, structures may negate such apprehension and increase access to health-care services.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Occupational health 2012, para. 28
- Paragraph text
- For example, processes surrounding the negotiation of free trade agreements have lacked transparency and have not involved the participation of affected communities. As discussed earlier, the proliferation of free trade agreements is an element of globalization, which directly impacts the occupational health of workers. The right to occupational health requires States to incorporate workers' views and experiential knowledge into processes surrounding the negotiations of free trade agreements. Additionally, transparency requires States to make publicly available and accessible all draft agreements, negotiation proposals, minutes from negotiation meetings, and all other relevant information.
- 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
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 28
- Paragraph text
- Another bilateral assistance fund directed towards combating HIV/AIDS, does not grant funds to organizations that do not have a policy explicitly opposing sex work. However, sex workers are among the most high-risk groups for HIV and have played a critical role in combating HIV transmission. They must therefore be fully integrated into all HIV prevention efforts in order to ensure that interventions are responsive, sustainable and in line with the right to health. Donor States should therefore not be driven by social, political or economic ideologies when designing and implementing health interventions. In accordance with the right to health, donors should instead ensure that they implement the most effective health strategies available given the needs of the recipient State as articulated by local stakeholders.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 48
- Paragraph text
- Primary health-care goods and services include routine health check-ups, preventive screenings, immunizations and vaccinations, services for the management of chronic illnesses, family planning services, nutrition services, maternal care and childbirth services and mental health counselling, all of which serve basic health needs at low cost and reduce the need for secondary and tertiary health care. Primary health care also includes health awareness-raising and educational services, such as sanitation and public hygiene campaigns, which have both preventative and promotional effects and empower community members to improve and maintain their health on their own.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Occupational health 2012, para. 15
- Paragraph text
- The right to health requires States to pay special attention to the needs of vulnerable and marginalized groups. Most workers in the informal economy face significant social and economic difficulties. These include lack of legal protection, lack of access to formal financial services, lack of social protection or social health insurance afforded to formal sector employees, exposure to harsh law enforcement, lack of job security, discrimination and others. Moreover, many workers in the informal economy often face increased risk of occupational disease and injury as compared to formal workers. In some cases when informal workers are injured, they are not granted compensation for their injuries. As a result, informal workers are amongst the least secure and most vulnerable of all workers, and thus require special attention under the right to occupational health.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
The realization of the right to health of older persons 2011, para. 58
- Paragraph text
- The biomedical approach to ageing, combined with increased longevity, has resulted in additional ethical dilemmas. The increasing difficulty or impossibility of refusing life-extending interventions has been seen as a challenge confronting both patients and medical practitioners, which has been linked to three factors: the gradual move away from "choice" about interventions towards routine treatment; the connection of clinical interventions with expressions of care; and the increasing availability of interventions creating high expectations in respect of health outcomes, which results in blurring of the boundaries between curative interventions and those which simply prolong life.
- 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
- Topic(s)
- Health
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
The right to health and development 2011, para. 40
- Paragraph text
- The relationship between the law, public health and human rights has thus been seen as of particular importance in relation to HIV. In an attempt to control the virus and the social practices that result in its spread, laws may be hastily enacted that are only partially successful in achieving behavioural change. The "AIDS paradox" is that: "…one of the most effective laws we can offer to combat the spread of HIV which causes AIDS is the protection of persons living with AIDS, and those about them, from discrimination." Indeed, this paradox does not exist only in respect of laws. Any development intervention designed to combat the spread of HIV which respects the human rights of those directly affected by and those most at risk of HIV, will ultimately be more effective in achieving its stated goals.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
The right to health and development 2011, para. 44
- Paragraph text
- The experience of the Sonagachi Project, started by the All India Institute of Hygiene and Public Health in Kolkata, India in 1992, is indicative of the potential of right to health-based interventions. While the project began as a traditional STD/HIV intervention amongst sex workers in the red-light areas within the district, it soon evolved into one that had at its core central facets of the right to health framework - most importantly, community participation - in an effort to empower the sex worker community to realize their own rights, and ultimately prevent the spread of HIV. The programme noted successful outcomes in respect of health and development; its most quantifiable effects included significantly improved condom usage, and reduced HIV rates amongst the Sonagachi sex worker population. However, its processes and their effects have also been thoroughly researched, reflecting its successes in advocacy and community leadership.
- 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
- Topic(s)
- Health
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 65l
- Paragraph text
- [In applying a right-to-health approach, States should undertake reforms toward the development and implementation of policies and programmes relating to sexual and reproductive health as required by international human rights law. In that context, the Special Rapporteur calls upon States to:] Ensure that accurate, evidence-based information concerning abortion and its legal availability is publicly available and that health-care providers are fully aware of the law related to abortion and its exceptions;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 32
- Paragraph text
- The provision of health-care goods and services that are of poor quality is a major problem arising from legal regimes criminalizing abortion. In these circumstances, the lack of State and professional regulation of medical practices means that abortions are performed by unskilled practitioners, in unhygienic conditions, in order to evade law enforcement. On the contrary, when performed by trained health-care providers under appropriate conditions, abortion is one of the safest medical procedures available. Criminalization further prevents practitioners from accessing accurate health information and, where exceptions to criminalization exist, the chilling effect created by its associated stigma may prevent health-care workers from seeking training and information on abortion. Health-care workers who choose to perform abortions under these circumstances may accordingly be uninformed and untrained on appropriate abortion procedure and post-abortion care, reducing the quality and availability of legal abortions.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 28
- Paragraph text
- States are also obliged to protect against infringement of the right to health by third parties. In States where abortion is prohibited, public health and safety regulations regarding abortion, such as provisions for the training and licensing of health-care workers, cannot exist, thus increasing the potential for unsafe abortion practices. Decriminalization, coupled with appropriate regulation and the provision of accessible, safe abortion services, is the most expeditious method of fully protecting the right to health against third-party violations. Additionally, States should take measures to protect those who provide abortions and related services from harassment, violence, kidnappings and murder perpetrated by non-State actors (religiously motivated or otherwise).
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 65k
- Paragraph text
- [In applying a right-to-health approach, States should undertake reforms toward the development and implementation of policies and programmes relating to sexual and reproductive health as required by international human rights law. In that context, the Special Rapporteur calls upon States to:] Establish policies and programmes to ensure the accessibility and availability of safe, reliable and good quality services for abortion-related complications and post-abortion care, in line with WHO protocols, particularly in jurisdictions where abortion is criminalized;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 69
- Paragraph text
- In addition to legislative change, the importance of re-education and awareness-raising among law enforcement personnel cannot be underestimated, particularly because of the risk created by strict policing practices. For instance, the prevalence of HIV among people who inject drugs was recorded as significantly higher in Edinburgh in the 1980s, where police aggressively enforced laws banning needle possession, as compared to nearby Glasgow, where such strict enforcement was not taken. Any efforts to decriminalize or de-penalize drug use or possession must be coupled with appropriate strategies to ensure that the fear and stigma that were reinforced through excessive policing are ameliorated.
- 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
- Topic(s)
- Education
- Health
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 56
- Paragraph text
- Drug laws and policies impact on HIV control because of the dynamics of drug usage: in particular, the sharing of needles, through which HIV can be transferred. Approximately one in 10 new HIV infections worldwide result from injecting drug use, and up to 90 per cent of infections occur among people who inject drugs in regions such as Eastern Europe and Central Asia. Where harm-reduction interventions are not implemented, HIV prevalence among people who inject drugs can rise to 40 per cent or greater within a year or two of introduction of the virus into their communities.
- 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
- Topic(s)
- Health
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 60
- Paragraph text
- The International Covenant on Economic, Social and Cultural Rights imposes a number of immediate obligations on States Parties, including that they guarantee that rights will be exercised without discrimination. If harm-reduction programmes and evidence-based treatment are made available to the general public, but not to persons in detention, that contravenes international law. Indeed, because of the health risks associated with incarceration, the Special Rapporteur considers that greater efforts may be required inside prisons to meet public health objectives. In the context of HIV and harm reduction, this demands implementation of harm-reduction services in places of detention even where they are not yet available in the community, as the principle of equivalence is insufficient to address the epidemic among prisoners.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 48
- Paragraph text
- A human rights-based approach to drug control must be adopted as a matter of priority to prevent the continuing violations of rights stemming from the current approaches to curtailing supply and demand, and to move towards the creation of a humane system that meets its own health-related objectives. Currently, there is a lack of coordination and discussion between the actors involved in drug control and human rights at the international level. Law enforcement approaches are ingrained institutionally in the international drug control regime, as drug control is housed within UNODC, which leads the United Nations efforts on organized crime. This association between law enforcement and drug control, in part, precludes adoption of a human rights-based approach and interaction with the human rights bodies of the United Nations.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 54
- Paragraph text
- Interventions such as first-aid training and administration of Naloxone (an opioid receptor antagonist used to reverse depression of the central nervous system in cases of opioid overdose) are also used to minimize the harm associated with drug overdose, as is the use of drug-consumption rooms, where individuals can use drugs in a supported environment. The potential benefits of drug-consumption rooms include prevention of disease transmission and reduced venous damage, as well as encouraging entry to treatment and other services. Evidence exists that drug-consumption rooms have contributed to reductions in overdose rates, and increased access to medical and social services.
- 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
- Topic(s)
- Health
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 36
- Paragraph text
- Such disciplinary treatments more often than not substitute for evidence-based methods. As a result, many people dependent on heroin and other opioids suffer through unmedicated withdrawal, instead of receiving pharmacologically supported withdrawal or OST. Classifying methadone and buprenorphine as illegal creates an extra barrier to accessing such drug-dependence treatments. Imposition of compulsory treatment, at the expense of OST and other harm-reduction interventions, also increases the risk of disease transmission, particularly HIV/AIDS.
- 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
- Topic(s)
- Health
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 28
- Paragraph text
- Punitive drug policies also disproportionately impact on communities that are already vulnerable. For instance, it has been reported that in the United States of America, African-Americans are arrested at consistently higher rates than white Americans, although the rates of offences committed are comparable between these groups. Additionally, over 80 per cent of arrests are for possession of drugs, rather than sales. Accumulation of such minor offences can lead to incarceration and further marginalization of these already vulnerable individuals, increasing their health-related risks.
- 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
- Topic(s)
- Health
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
Corruption and the right to health 2017, para. 23
- Paragraph text
- The right to health is recognized in the Constitution of the World Health Organization (WHO) and protected by the Universal Declaration of Human Rights and international human rights treaties which are binding on States parties, including the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Additionally, regional human rights treaties and many domestic constitutions protect the right to health. These international treaties and domestic laws obligate States to take action to respect, protect and fulfil the right to health and to address corruption where it interferes with their right-to-health obligations. They should inform responses to corruption alongside other legal instruments, such as the United Nations Convention against Corruption.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 52
- Paragraph text
- Community empowerment initiatives working with poor and marginalized communities have achieved extraordinary health outcomes, for example in the global fight to end HIV/AIDS (target 3.3) (E/HLPF/2016/2, para. 107). Economic and social empowerment, such as the decriminalization of sex work and sex worker mobilization, have improved health and identified critical health gaps (Goals 3 and 5). Community mobilization to attain adequate and stable housing for homeless people living with HIV can have life-saving implications for their health (targets 3.3 and 11.1). Efforts to empower parents in vulnerable situations through participatory parental education initiatives reduce the risk of negative health outcomes for their children (Goal 3 and targets 4.2, 5.2 and 16.2). When young girls have access to education, child mortality rates and girls' long-term health improve (Goals 3, 4 and 5) (A/70/213, para. 9). Investments in such initiatives place the human rights principles of autonomy and participation at the centre of public health policy and are critical components of an open, inclusive and peaceful society.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Girls
- Youth
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 9
- Paragraph text
- Low birth weight, lack of breastfeeding, undernutrition, overcrowded living conditions, indoor air pollution, unsafe drinking water and food and poor hygiene practices are the main immediate risk factors for pneumonia and diarrhoea. However, while such diseases are proximate causes of death and are duly reflected in statistics, poverty and inequalities are the root causes, or underlying social determinants. Poverty increases young children's exposure to risks such as poor nutrition, violence, inadequate sanitation, lower levels of maternal education, inadequate stimulation in the home, increased maternal stress and depression and, at the same time, limits access to health and other services. In 2013 the under-5 mortality rate in low-income countries was more than 12 times the average rate in high-income countries. There are also significant disparities in under-5 mortality and morbidity within countries, driven by poverty, gender and other inequalities. Low levels of literacy and poor access to education among women correlate strongly with high rates of under-5 mortality.
- 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
- Topic(s)
- Health
- Poverty
- Water & Sanitation
- Person(s) affected
- Children
- Women
- Youth
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 63
- Paragraph text
- In keeping with their obligations to respect, protect and fulfil the right to health, States should formulate and implement a national public health strategy and plan of action to address diet-related NCDs, which should be widely disseminated. Such a strategy should recognize the link between unhealthy foods and NCDs, while specifically addressing the structural flaws in food production, marketing and retail that promote the availability and accessibility of unhealthy foods over healthier options. Towards this end, States should necessarily develop multisectoral approaches that include all relevant ministries such as ministries of health, agriculture, finance, industry and trade. States should also ensure meaningful and effective participation of affected communities such as farmers and vulnerable groups like children, women and low-income groups in all levels of decision-making to discourage production and consumption of unhealthy foods and promote the availability and accessibility of healthier food options.
- 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
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Occupational health 2012, para. 35
- Paragraph text
- The right to occupational health indicators and benchmarks must be developed with the participation of workers and trade unions, including those in the informal economy. Monitoring of occupational health laws and policies on the basis of these mechanisms must be done transparently and in partnership with workers and the civil society, and all information resulting from this process must be made publicly available and accessible. Moreover, States must ensure that workers are intimately familiar with the right to health indicators and benchmarks so they can participate in the monitoring and evaluation of occupational health laws and policies on the basis of these mechanisms. Workers are best positioned to determine whether laws and policies affecting their occupational health are meeting the right to health benchmarks, and they have the greatest stake in ensuring that these laws and policies comply with the right to health. Ensuring that workers are familiar with the right to health indicators and benchmarks will additionally facilitate prospective State accountability by allowing workers to ascertain whether their right to occupational health is being realized.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 12
- Paragraph text
- General Comment No. 14 of the Committee on Economic, Social and Cultural Rights recognizes that investments in health should not disproportionately favour expensive curative care services, which are often accessible only to a small fraction of the population, over primary and preventive health care, which benefit a far larger part of the population. Primary health-care services are generally less costly than secondary and tertiary care, which by definition require health-care workers with specialized training, sophisticated diagnostic equipment and significant physical health infrastructure. Investment in primary health care is thus more cost-efficient in the long run because it prevents illness and promotes general health, which reduces the need for more costly secondary and tertiary care. The resulting savings may be reinvested in the health system, possibly in the form of additional health-care subsidies for the poor. The right to health thus requires an efficient allocation of health funds and resources between primary, secondary and tertiary care sectors, with an emphasis on primary health care.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 24
- Paragraph text
- Other legal restrictions also contribute to making legal abortions inaccessible. Conscientious objection laws create barriers to access by permitting health-care providers and ancillary personnel, such as receptionists and pharmacists, to refuse to provide abortion services, information about procedures and referrals to alternative facilities and providers. Examples of other restrictions include: laws prohibiting public funding of abortion care; requirements of counselling and mandatory waiting periods for women seeking to terminate a pregnancy; requirements that abortions be approved by more than one health-care provider; parental and spousal consent requirements; and laws that require health-care providers to report "suspected" cases of illegal abortion when women present for post-abortion care, including miscarriages. These laws make safe abortions and post-abortion care unavailable, especially to poor, displaced and young women. Such restrictive regimes, which are not replicated in other areas of sexual and reproductive health care, serve to reinforce the stigma that abortion is an objectionable practice.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Youth
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
The right to health and development 2011, para. 38
- Paragraph text
- The historical evolution of the response to HIV/AIDS is a good example of a health problem with strong implications for human development contained most effectively by protecting and promoting human rights. Jonathan Mann described three clearly defined phases in the response to the epidemic: the first period concerned discovery of the illness and corresponding uncertainty surrounding its containment, while the second period largely focused on individual risk reduction and behavioural change, accompanied by the use of discriminatory prevention measures justified under a "public health rationale". It was not until the third period, in the late 1980s, that a societal dimension was included in the approach to the disease, and the concept of "vulnerability" arose in identifying barriers to individual control over health. The "traditional" public health approaches initially applied to HIV/AIDS, consisting of information, education and services targeted at changing individuals' behaviour and reducing risk, were effective but ultimately insufficient to contain the spread of HIV/AIDS, not least because they assumed a static social environment.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 16
- Paragraph text
- Courts have enforced obligations to respect and protect with regard to the right to health. The African Commission on Human and Peoples' Rights elaborated, in Social and Economic Rights Action Center and Center for Economic and Social Rights v. Nigeria, that the obligation to respect within the right to health requires a State "to respect the free use of resources" of an individual or group "for the purpose of rights-related needs". In Marangopoulos Foundation for Human Rights v. Greece, the European Committee of Social Rights held that the State must engage in stronger regulatory practices to protect air quality, including the regulation of private actors, to protect its obligation under the right to health.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The realization of the right to health of older persons 2011, para. 13
- Paragraph text
- The Special Rapporteur believes that the dominant view, which considers ageing a biomedical problem, leads to the unfortunate perception of ageing as an abnormal or pathological phenomenon because it equates advanced age with illness. This position is not only inconsistent with the holistic approach to human health, but it also perpetuates a perception of older persons as dependent and sick. When considering the health of older persons, the Special Rapporteur is of the view that there must be a paradigm shift away from the perception of older persons as a "social burden" to one that emphasizes the process of "active ageing" and that will reorient our ideas about ageing to focus on the continuing contribution of older persons to society. According to WHO, active ageing aims to optimize opportunities for health, participation and security amongst older persons in order to enhance their quality of life. The word active therefore refers to continuing participation in social, economic, cultural and civic affairs, and not simply the ability to be physically active or to participate in the labour force.
- 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
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Older persons
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Occupational health 2012, para. 24
- Paragraph text
- The right to access information is central to the right to health and an essential component of active and informed participation. It includes the right to access health-related education and information and to seek, receive and impart information and ideas concerning health issues. States also have a positive obligation in this respect to provide workers with health and rights-related information and to ensure that third parties, including private employers, do not limit access to such information. The ILO also requires States to ensure that national health laws and policies provide workers with comprehensive information, education and training related to occupational health. The right to occupational health thus requires that employers make available and accessible information concerning all health and safety risks, including those related to production inputs and equipment, machinery and chemicals used in the work place. States must further ensure that workers' right to access information affecting their occupational health supersedes employers' rights to protect commercial information under commercial confidentiality, trade secret and other related laws.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87o
- Paragraph text
- [The Special Rapporteur urges States to:] Develop non-biased and evidence-based treatment guidelines to reduce opportunities for corruption;
- 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
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 59
- Paragraph text
- Laws restricting information about sexual and reproductive health and which censor discussions of homosexuality in the classroom fuel stigma and discrimination of vulnerable minorities. For example, laws and policies that promote abstinence-only education reduce sexual education to images and stereotypes of heteronormativity, given their focus on procreation; some of these programmes even contain explicitly discriminatory content on gender and sexual orientation. In certain instances, teachers have been suspended or threatened with lawsuits for engaging in discussions on "inappropriate" sexual matters with their students when discussing sexual and reproductive health issues in the classroom. In other cases, pursuant to abstinence-only and anti-obscenity policies, school districts, courts and legislators have prohibited civil society organizations from meeting in public schools. Such laws and policies perpetuate false and negative stereotypes concerning sexuality, alienate students of different sexual orientations and prevent students from making fully informed decisions regarding their sexual and reproductive health.
- 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
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Ethnic minorities
- LGBTQI+
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Occupational health 2012, para. 14
- Paragraph text
- Many in the formal workforce find themselves in a situation similar to those in the informal workforce. There is a growing trend toward contractualization and informalization of formal work, a process by which workers become their own employers and thereby may lose occupational health protections otherwise afforded to them as employees. At the same time, many developed economies are systematically moving away from standard work-full-time, year-round, permanent wage employment with a single employer with adequate statutory benefits and entitlements -, leading to an increase in part-time, casual, temporary, self-employed or contingent workers. While such workers are not technically part of the informal economy because their work and workplaces are likely to be still regulated, they may face difficulties similar to those faced by informal workers. For example, in many developed economies, employers are not required to provide health benefits to part-time and temporary employees. Both contractualization and the trend towards replacing standard work with atypical work often represent attempts by employers to evade their responsibility under existing occupational health regimes.
- 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
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 57
- Paragraph text
- General Comment No. 14 places emphasis on access to information because it is a critical component of the right to health (ibid; footnote 8), and particularly guarantees access to sexual and reproductive health information. States are additionally required to provide adequate resources and refrain "from censoring, withholding or intentionally misrepresenting health-related information, including sexual education and information (see E/C.12/2000/14, para. 14)". The Committee on the Elimination of Discrimination against Women has recommended that a comprehensive understanding of the content of sexual and reproductive education encompass the topics of reproductive rights, responsible sexual behaviour, sexual and reproductive health, prevention of sexually transmitted infections including HIV/AIDS, prevention of teenage pregnancies, and family planning, and stressed that education campaigns are urgently needed to combat harmful practices such as female genital mutilation. Comprehensive education and information on sexual and reproductive health is also useful in reducing knowledge gaps between men and women on these issues.
- 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
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Men
- Women
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 64
- Paragraph text
- The amount of compensation awarded runs into millions of dollars and is an additional blow to developing States, especially those undergoing or recovering from crisis. For example, in Al-Kharafi v. Libya, the claimant was awarded more than $935 million. The enormous size of such awards can have a negative effect on the State's ability to implement health policies. For example, in CME v. Czech Republic, the compensation awarded to the investor was equal to the entire health budget of the State. States may also have to bear not only legal costs incurred by them during arbitration but also those incurred by the successful claimant. Even where States are successful, they may have to pay a heavy fee for the arbitrators.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 36
- Paragraph text
- Single payer systems with a single risk pool or multiple payer systems with multiple risk pools reduce financial barriers to accessing health facilities, goods and services, as required under the right to health approach. In single payer systems, one organization collects and pools funds and purchases services for the entire population. In most cases, all pool members within the system are provided access to the same health goods and services. Owing to its ability to generate and raise funds, through mechanisms such as taxation, and compulsorily enrol large numbers of people, the Government, in most cases, administers the pool and purchases health goods and services in a single payer system. Single risk pools promote equitable access to health facilities, goods and services in accordance with the right to health approach by allowing for greater cross-subsidization than systems with smaller, fragmented pools. Single payer systems are thus effective in promoting universal access to health facilities, goods and services, reducing out-of-pocket payments, and insulating users from catastrophic health expenditures.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 27
- Paragraph text
- In recent years, a number of United Nations human rights bodies have acknowledged the negative impacts of corruption on the enjoyment of human rights. By its decision 2002/106, the Sub-Commission on the Promotion and Protection of Human Rights appointed a Special Rapporteur on the impact of corruption on human rights, in particular economic, social and cultural rights. In her reports, the Special Rapporteur established that the enjoyment of both civil and political and economic, social and cultural rights are seriously undermined by corruption. In a report published in 2015, the Advisory Committee to the Human Rights Council explained that a human rights perspective on the impact of corruption can move the victims to the centre of the fight against corruption by highlighting the negative impacts of corruption on the individuals and groups concerned. The human rights perspective also reveals that the State bears the ultimate responsibility for such acts. Establishing the links between corruption and human rights can promote access to human rights mechanisms to combat corruption, thus creating new opportunities for monitoring and litigation (see A/HRC/28/73, paras. 27-28 and 32).
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87k
- Paragraph text
- [The Special Rapporteur urges States to:] Ensure judicial and other forms of review of violations of anti-corruption legislation; and effective remedies where corruption leads to a violation of the right to health;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 24
- Paragraph text
- The right to health gives rise to obligations that provide a framework for action for duty bearers, as well as a framework of reference for monitoring and accountability. The right to health is subject to progressive realization. This means that many aspects of the right to health do not have to be realized immediately; rather, States must take effective and targeted measures towards the progressive realization of the right to health. However, States also have some immediate obligations, including core obligations such as the equitable distribution of health facilities, goods and services; the provision of essential medicines; access to minimum essential food, basic shelter, safe and potable water and sanitation; and the adoption of a national health strategy and plan of action on the basis of epidemiological information. The Committee on the Rights of the Child has also highlighted that universal health coverage is a core obligation (see the Committee’s general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 72). States must adopt and enforce legislative, regulatory and policy measures to ensure that corruption does not impede the fulfilment of their progressive and core obligations.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Children
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 14
- Paragraph text
- Corruption is a significant challenge to the delivery of quality health care, which is central both to the right to health and to the commitment under Sustainable Development Goal 3 to universal health coverage. The health sector is extremely vulnerable to corruption at all levels — grand and petty, political and institutional — and occurring in both the public and private sectors. It is estimated that every year 180 billion euros are lost to fraud and corruption in health care globally. Health sector corruption negatively affects the (financial) resources available for health care; resources that are drained through embezzlement and procurement fraud are no longer available for paying salaries, funding health-care delivery or maintenance. For example, there is evidence suggesting that health sector corruption has a negative effect on cancer care and care for HIV/AIDS. While these trends are visible in countries at all levels of development, it is evident that lower-income countries are more deeply affected by health sector corruption and a lack of transparency. In some countries, the health sector is considered to be the most corrupt sector of all.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87m
- Paragraph text
- [The Special Rapporteur urges States to:] Prevent misuse of dual practices whereby health-care providers inappropriately refer patients to their own private practices; and take measures to reduce theft and improper billing in hospitals;
- 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
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87d
- Paragraph text
- [The Special Rapporteur urges States to:] Progressively build resilient health systems, with a special focus on health promotion and primary care, so as to root out the problem of systemic incentives for corruption in health sector;
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 88a
- Paragraph text
- [The Special Rapporteur also urges other relevant stakeholders to:] Take into account the Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines (A/63/263, annex);
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87n
- Paragraph text
- [The Special Rapporteur urges States to:] Create awareness among health-care providers that preferential treatment of well-connected individuals is unethical and at odds with the main principles for realization of the right to health;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87l
- Paragraph text
- [The Special Rapporteur urges States to:] Address petty corruption by health professionals by guaranteeing decent living wages and working conditions, job security and reward for good performance and conduct;
- 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
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87q
- Paragraph text
- [The Special Rapporteur urges States to:] Create awareness among health system users of their rights as well as identifying and reporting corrupt acts;
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87c
- Paragraph text
- [The Special Rapporteur urges States to:] Provide for comprehensive whistle-blower protection for those reporting corruption offences in the health sector and beyond, which includes guaranteeing the anonymity and protection of whistle-blowers;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 56
- Paragraph text
- Private hospital and insurance boards and other institutions responsible for the financing and provision of health care or underlying determinants have an important role to play in combating corruption and lack of transparency within their organizations. They must ensure that they comply with national laws and regulations regarding corruption and human rights. They may adopt an anti-corruption strategy, including internal regulations aimed at prohibiting and preventing the diversion of budgets, medicines or medical supplies for personal advantage; the acceptance of informal payments by their health personnel; preferential treatment for well-connected individuals; the use of hospital equipment for private business; the improper referral of public hospital patients to private practices; and illegitimate absenteeism of medical personnel while being paid. When it comes to preventing informal payments, the creation of individual contracts with personnel and increased pay scales while sanctioning poor performance are recommended. In the case of whistle-blowers, hospital boards and other actors should refrain from punitive actions and provide adequate protection and guarantees to safeguard their personnel and services.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 18
- Paragraph text
- The Special Rapporteur is concerned that there is a “normalization of corruption” in health care; corruption can be so pervasive that it becomes accepted as “normal”. Yet these practices lead to groups and individuals being disadvantaged and to the infringement of human rights, such as access to health care on the basis of equality and non-discrimination. Changing views and perceptions in institutions and society of corruption as normal, unavoidable and justified is an important element in addressing the problem of corruption. Informal payments can be reduced by engaging with the public in a debate about the adverse consequences of corruption, with a view to changing cultural values in relation to corruption. Codes of conduct and ethics, training and education can also be used to support responsible conduct among professionals, including avoiding corrupt behaviour, although they may not be sufficient alone for behaviour change where it is most needed. States should also take action to address other trigger factors such as low or unpaid salaries, cumbersome administrative procedures and excessive red tape, as well as enhancing transparency, participation and accountability.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87r
- Paragraph text
- [The Special Rapporteur urges States to:] Support initiatives that prevent excessive and unnecessary use of diagnostic and treatment interventions and involve users of services in shared decision-making with medical doctors.
- 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
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 10
- Paragraph text
- There are many other manifestations of corruption in the health sector and beyond. The present report focuses on several non-exhaustive, illustrative examples.
- 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
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 33
- Paragraph text
- The Committee on the Rights of Persons with Disabilities emphasizes full respect for legal capacity, the absolute prohibition of involuntary detention based on impairment and the elimination of forced treatment (see A/HRC/34/32, paras. 22-33). That responds to the inadequacy of procedural safeguards alone, requiring sharpened attention to non-coercive alternatives and community inclusion to secure the rights of persons with disabilities. Within that evolving framework, not all human rights mechanisms have embraced the absolute ban on involuntary detention and treatment articulated by the Committee. They include the Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (see CAT/OP/27/2), the Committee Against Torture and the Human Rights Committee. However, their interpretation of exceptions used to justify coercion is narrower, signalling ongoing discussions on the matter. Notably, in the United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court, the Working Group on Arbitrary Detention supported the provisions of the Convention on the Rights of Persons with Disabilities with regard to safeguards on the prohibition of arbitrary detention (see A/HRC/30/37, paras. 103-107).
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 93a
- Paragraph text
- [To ensure that social and underlying determinants for the promotion of mental health for all are addressed, the Special Rapporteur recommends that States:] Prioritize mental health promotion and prevention in public policy, scaling investments across the relevant ministries;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 92c
- Paragraph text
- [To address the imbalance of the biomedical approach in mental health services, the Special Rapporteur recommends that:] States partner with academic institutions to address the knowledge gap in rights-based and evidence-based mental health within medical education.
- 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
- Topic(s)
- Education
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 95a
- Paragraph text
- [To ensure that health-care services guarantee the right to mental health for all, States should:] Ensure that users are involved in the design, implementation, delivery and evaluation of mental health services, systems and policies;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 95b
- Paragraph text
- [To ensure that health-care services guarantee the right to mental health for all, States should:] Stop directing investment to institutional care and redirect it to community-based services;
- 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
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 95f
- Paragraph text
- [To ensure that health-care services guarantee the right to mental health for all, States should:] Take targeted, concrete measures to radically reduce medical coercion and facilitate the move towards an end to all forced psychiatric treatment and confinement;
- 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
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 54
- Paragraph text
- The right to mental health requires care and support facilities, goods and services that are available, accessible, acceptable and of good quality. Rights-based care and support for mental health is an integral part of health care for all.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 93c
- Paragraph text
- [To ensure that social and underlying determinants for the promotion of mental health for all are addressed, the Special Rapporteur recommends that States:] Take policy and legislative measures on the prevention of violence in all environments where people live, study and work;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 95d
- Paragraph text
- [To ensure that health-care services guarantee the right to mental health for all, States should:] Scale up investment in alternative mental health services and support models;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 49
- Paragraph text
- The problem is not in diagnosing persons but in the discriminatory practices that affect the diagnosed person, which may cause more harm than the diagnosis itself. People frequently suffer more from discriminatory and inappropriate patterns of “care” than from the natural effects of mental health conditions.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 95c
- Paragraph text
- [To ensure that health-care services guarantee the right to mental health for all, States should:] Invest in psychosocial services, that are integrated into primary care and community services to empower users and respect their autonomy;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 61
- Paragraph text
- The element of quality compels going beyond the idea of users as mere recipients of care towards their full consideration as active holders of rights. To stop discriminatory practices, States should rethink the way they provide mental health care and support (see A/HRC/34/58).
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 95g
- Paragraph text
- [To ensure that health-care services guarantee the right to mental health for all, States should:] Seek technical assistance from the WHO QualityRights initiative to assess and improve the quality of mental health care.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 76
- Paragraph text
- The right to health is a powerful guide for States towards a paradigm shift that is recovery and community-based, promotes social inclusion and offers a range of rights-based treatments and psychosocial support at primary and specialized care levels.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 95e
- Paragraph text
- [To ensure that health-care services guarantee the right to mental health for all, States should:] Develop a basic package of appropriate, acceptable (including culturally) and high-quality psychosocial interventions as a core component of universal health coverage;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 93d
- Paragraph text
- [To ensure that social and underlying determinants for the promotion of mental health for all are addressed, the Special Rapporteur recommends that States:] Take immediate action to address harmful gender stereotypes, gender-based violence and access to sexual and reproductive health;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 31
- Paragraph text
- As the food industry plays a key role in the global food environment and is recognized as the primary driver of diet-related NCDs, it has a distinct responsibility to take steps to realize the right to health. While many challenges facing the food system, like environmental pressures such as draughts and floods, are out of the control of the food industry, there are several areas where it can make a positive impact on health by investing in and influencing healthier food choices. To this end, the industry should consider adopting standards to improve the nutritional quality of foods through product reformulation and to improve labelling and information on their products to contribute to healthier diets. The food industry should also invest in research to improve the nutritional content of their products rather than investing in increasing the marketability of existing products. Furthermore, supermarkets and fast food restaurants should take steps to market and promote healthier options. For example, in addition to providing calorie content of meals on menu cards, fast food restaurants should adopt appropriate nutrient profiling models that indicate the nutritional composition of the foods available.
- 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
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 40
- Paragraph text
- The Special Representative submitted, in his final report in 2011, Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework (A/HRC/17/31, annex). The first pillar, protect, reflects the existence in international human rights law of a binding obligation on States to protect individuals from actions of third parties. The pillar requires States to take measures such as instituting laws to hold transnational corporations accountable for their transgressions (principle 1). It could be argued, however, that the State obligation to protect, which is already an important obligation of States under international human rights law, has been ineffective against transnational corporations.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 61
- Paragraph text
- The number of arbitration cases filed against States is likely to rise in times of financial crisis. For example, since its financial crisis in 2001 and the introduction of economic reforms, Argentina has faced more than 50 arbitration cases. Similarly, Spain and Greece saw a sharp increase in arbitration cases against them after their financial crises and more than 10 arbitration cases were registered against Egypt after the Arab Spring. In such crises, States may need to realign their economic and social policies within the changed climate. Although such changed policies may be in the public interest, the altered policies might threaten investments and prevent States from fulfilling their obligations under the international investment agreement.
- 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
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Right to health in conflict situations 2013, para. 12
- Paragraph text
- A crucial facet of the right to health framework is the effective participation of affected people and communities, especially vulnerable groups. Effective participation should be ensured in all phases of formulating, implementing and monitoring decisions which affect the realization and enjoyment of the right to health in times of conflict. However, policies thus formulated should not be limited to the views of the majority and should take into account the views and needs of the minority within the participating group. Involvement in decision-making processes empowers affected communities and ensures ownership of decisions and resources, which leads to sustainable systems and, potentially, the resolution of conflicts. The participation of affected populations ensures responsive and effective laws and policies by taking into consideration the needs of the people. This is of special significance in protracted conflict situations, in post-conflict situations, in areas with a constant military presence and in areas under occupation. Informed participation can only be ensured when affected populations have the ability to seek and disseminate information affecting their health.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 6
- Paragraph text
- While States have the primary responsibility for enhancing access to medicines, it is a shared responsibility in which numerous national and international actors have a role to play. In its general comment No. 3 (1990) on the nature of States parties' obligations, the Committee on Economic, Social and Cultural Rights also stressed the obligation of States to take steps, individually and through international assistance and cooperation, especially economic and technical, towards the full realization of the rights recognized in the Covenant, including the right to health. Moreover, in the spirit of Articles 55 and 56 of the Charter of the United Nations, articles 2(1) and 23 of the Covenant, as well as the Alma-Ata Declaration on Primary Health Care, States should recognize the essential role of international cooperation and comply with their commitment to take joint and separate action to achieve the full realization of the right to health. According to the Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines, pharmaceutical companies should integrate human rights, including the right to health, into their strategies, policies, programmes, projects and activities.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 39
- Paragraph text
- Previous efforts made in international forums to confer obligations on transnational corporations have resulted only in voluntary guidelines. In 2003, the Subcommission on the Promotion and Protection of Human Rights approved norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights (E/CN.4/Sub.2/2003/12/Rev.2), which sought to confer non-voluntary direct obligations on transnational corporations and business enterprises. The Commission on Human Rights did not adopt the norms, owing in part to strong opposition from States and business entities. In 2005, the Commission, in resolution 2005/69, requested the Secretary-General to appoint a special representative on the issue of human rights and transnational corporations and other business enterprises.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 58
- Paragraph text
- Health workers and other professionals such as social workers have a very important role to play in supporting positive and responsive parenting. States should ensure that there are an adequate number of general practitioners, paediatricians, nurses and other relevant health-care professionals trained to work with children. The Special Rapporteur is concerned that the training and practice of medical doctors, nurses and other health professionals continues to focus predominantly on the biomedical determinants of health. Health-care services and all relevant professionals should be better equipped with relevant knowledge and practical skills to respond proactively to new knowledge about the negative impact of social determinants and early childhood adversities on the physical and mental health of children. For example, nurses and social workers, who visit families with young children should be trained to address issues related to the emotional and cognitive development of children and should be able to provide parents with the knowledge and basic skills necessary for nurturing and responsive parenting and non-violent ways of bringing up children.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Youth
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Right to health in conflict situations 2013, para. 66
- Paragraph text
- Remedies should not be limited to punitive actions against perpetrators but should also be directed towards restoring the right to health of affected persons and bridging the divisions in society that may arise from or give rise to continued conflict. As such, the remedies of satisfaction and guarantee of non-repetition, which include measures to cease current violations and prevent future violations as noted by the General Assembly in its resolution 60/147, are particularly important given the ongoing and systemic effects of conflict on the right to health. In the context of the right to health, guarantees of non-repetition include improving protection of health workers in conflict areas; providing clear codes of conduct on the appropriate use of medical facilities in conflict; training of, and awareness-raising among, appropriate actors, including law enforcement, on all aspects of the right to health; undertaking legal reforms including enacting laws that mandate non interference with the impartial provision of health care; and setting up independent dispute settlement and monitoring systems. The remedy of satisfaction includes judicial and administrative sanctions, acknowledgement of wrongdoing, and effective measures to end continuing violations.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 26
- Paragraph text
- The incorporation of physical activity and healthy lifestyles into existing national health plans, or the development of such a plan, should be a foremost priority of States under the right to health, as a core obligation that is not subject to the principle of progressive realization, alongside non-discrimination. The Global Strategy on Diet, Physical Activity and Health encourages States to build on existing national strategies and action plans concerning aspects of diet, nutrition and physical activity, and to create a national coordinating mechanism that addresses diet and physical activity within a comprehensive plan for preventing non-communicable diseases and promoting health. However, in many countries, there is alarmingly little planning: WHO has noted a paucity of national physical activity guidelines in low- and middle-income countries, and has confirmed that the public health significance of physical activity warrants the development of such guidelines. Such guidelines must be developed in reference to prevailing evidence and good practices in the region concerned.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 8
- Paragraph text
- It has been estimated that over 7 per cent of deaths annually are attributable to low levels of physical activity, along with more than 4 per cent of years of life lost due to disability (disability-adjusted life years). Physical inactivity is estimated as being responsible for up to 25 per cent of cases of breast and colon cancer, 27 per cent of cases of diabetes and 30 per cent of cases of ischaemic heart disease. Conversely, participation in physical activity and sport has numerous beneficial effects. Physical activity reduces the risk of developing cardiovascular diseases, diabetes and cancer, improves levels of high-density cholesterol, reduces blood pressure, and improves blood glucose level control among the overweight. Physical activity also reduces the risk of depression and is a vital aspect of energy balance and weight control. Accordingly, WHO has developed the Global Recommendations on Physical Activity for Health, which are designed to provide guidance on the optimal and the minimum levels of exercise that individuals should partake in to accrue these health benefits.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Occupational health 2012, para. 30
- Paragraph text
- Under the right to health, States have a dual obligation to monitor and evaluate occupational health. As a prerequisite to the obligation to formulate and implement a national occupational health policy, States must conduct disease and epidemiological surveillance, including the collection of disaggregated data, in order to understand workers' health risks in all sectors, as well as human rights, health impact assessments and risk surveillance, in order to assess the impact of occupational health laws and policies prior to implementation. Additionally, States are required to monitor and evaluate the effectiveness of their national occupational health policies as part of their core obligation to periodically review these policies. This requirement includes the obligation to regularly inspect worksites and production facilities in order to assess employer compliance with occupational health laws and policies. Periodic review is necessary in order to ensure the continual refinement of occupational health laws and policies to account for evolving health risks and new technologies. In both instances, monitoring and evaluation must be informed by international standards, including those developed by WHO and ILO.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 23
- Paragraph text
- According to the respondent States, ERP is the primary method used by regulatory bodies to set a retail price above which medicines cannot be sold to consumers. Under ERP, the price of a specific medicine in one or several countries is used as a benchmark to set or negotiate the price of medicines in a given country. Regrettably, some developing countries select developed countries, with higher medicines prices, as reference countries, resulting in substantially higher medicines prices. For example, in 23 developing countries, public sector prices for generic medicines were 1.9 to 3.7 times higher than even the international reference price (calculated at the median price of multi-sourced medicines offered to developing countries by different suppliers) and for originator brands, 5.3 to 20.5 times the international reference price. To secure the lowest price for medicines and enhance affordable and equitable access to essential medicines, purchasing States should therefore select reference countries whose level of economic development is similar to theirs. If States use high-price countries for referencing, they should adjust the benchmark price to the levels of local income per capita when setting prices.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 18
- Paragraph text
- In complying with their obligation to ensure availability of medicines, States may consider the following policy options to develop an enabling environment that promotes the growth of local pharmaceutical industry: (i) levying taxes on imports of medicines that can be locally produced, except for active pharmaceutical ingredients which are generally not imported; (ii) providing subsidies; (iii) tax incentives; (iv) guaranteed government procurement to local manufacturers; and (v) a regulatory framework to increase local competitiveness. As highlighted during the Special Rapporteur's consultations, local production of medicines has indirect benefits, such as (i) promoting transfer of technology (ii) providing employment and capacity-building of local people through training programmes for local pharmacists (ii) microbiologists and technicians, and (iii) setting up local institutes of higher education and contributing to capacity-building of the regulatory agencies. Thus, opting for local generic production should be weighed and balanced against a number of benefits, including strategic security in medicines supply, which would be achieved in the long run as opposed to the higher prices in the short run.
- 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
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 45
- Paragraph text
- During the consultations, concerns were raised about the lack of uptake by States of certain essential medicines listed on the WHO EML due to political, cultural and legal considerations, especially of medicines for mental health, palliative care, drug dependence and sexual and reproductive health. For example, access to medical abortion pills such as mifepristone with misoprostol, though included on the WHO EDL, are culturally and legally restricted in many States, limiting women's accessibility to sexual and reproductive health. Criminalization of the activities of drug users in many States also restricts the availability of opioid substitutes, buprenorphine and methadone, proven to be effective in treating drug dependence, despite the fact that they are listed on the WHO EML. The Special Rapporteur recalls that access to essential medicines for vulnerable and marginalized groups should not be impeded by political, legal and cultural considerations. States should take steps to ensure that these medicines are included in their NEMLs and are made available and accessible to such groups.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 65
- Paragraph text
- Regulators in some of the developing countries surveyed by the Special Rapporteur reported the use of outdated methods and processes for enforcement, largely due to the lack of technical capacity, financial and human resources. For example, one such State regretted having sufficient inspectors to guard only 3 out of 41 ports of entry. Inspection of foreign production sites is an even greater challenge for resource-constrained importing countries. Regulatory bodies in many countries are generally funded by user fees, collected through licensing fees and inspection activities. However, these funds are insufficient to sustain effective regulation, given the scale and volume of production and import in most countries. States should therefore substantially increase budgetary support for their regulatory authorities to sustain the quality control activities and increase recruitment and training of staff. Regulatory bodies of importing developing countries could cooperate with their counterparts in the exporting countries to build regulatory capacities, share local inspection information of companies under their jurisdiction, and conduct joint inspections through cost-effective use of resources.
- 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
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 8
- Paragraph text
- Ensuring access to medicines also requires a functioning health system that encapsulates the key elements of the right to health: availability, accessibility, acceptability and quality. As part of the State obligation to fulfil the right to health and with a view to the progressive realization of access to affordable and quality medicines, the Special Rapporteur urges States to adopt a detailed national plan of action on medicines. The plan of action should be backed by a strong political will and commitment that prioritizes access to medicines within the public health budget and allocates resources accordingly. This is particularly pertinent in the context of the current global economic crisis, where some States are increasingly taking retrogressive measures such as reducing spending on health by reducing national health budgets. The Special Rapporteur stresses that States have the burden of proving that deliberately retrogressive measures have been introduced after careful consideration of all alternatives and that they are justified under full use of the State party's maximum available resources.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 60
- Paragraph text
- Numerous stakeholders perceive unethical commercial marketing and promotion of medicines by pharmaceutical companies as a serious concern. Billions of dollars are spent by the pharmaceutical industry on marketing through sales representatives, samples and advertising. Doctors are offered gifts under the pretext of continued medical education. Multinational pharmaceutical companies have been fined for promoting unapproved medicines, with little impact on their practices. Unethical promotion negatively affects the prescribing patterns of doctors, who would then tend to prescribe less rationally and to quickly adopt new medicines. Prescribers consequently obtain information on medicines from pharmaceutical companies, rather than consulting STGs. During the consultations, some States pointed to the existence of voluntary national industry codes to address pharmaceutical promotion. However, these have been criticized as ineffective. The Special Rapporteur recommends formulating strong enforceable regulatory systems, with accountability measures, to discourage unethical marketing and promotion of medicines by pharmaceutical companies.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Occupational health 2012, para. 60c
- Paragraph text
- [The Special Rapporteur recommends that States take the following steps in order to realize the right to occupational health:] Ensure mechanisms are in place to facilitate the active and informed participation of workers, particularly informal workers, in the formulation and implementation of occupational health laws and policies in a fair and transparent process. These should include: Direct and ongoing participation of existing workers' groups, including trade unions and informal worker organizations, in law- and policymaking bodies at all levels of government; Mechanisms by which workers may voice concerns and complaints regarding the content of occupational health laws and policies directly to relevant parties; Mechanisms by which workers may communicate occupational health risks to the State and to other workers without risk of termination or prosecution; Laws and policies that prioritize workers' right to information affecting their occupational health over employers' rights to protect commercial information under commercial confidentiality, trade secret and other related laws; Whistle-blower protection for workers who disclose information concerning their occupational health publicly or directly to the State.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 26
- Paragraph text
- For a State to be in compliance with its progressively realizable obligations, the amount of available resources must be efficiently allocated. Available resources should be considered efficiently allocated if such allocation reduces barriers to non-discriminatory access to available and acceptable-quality health facilities, goods and services. Failure to curb corruption, which results in the inefficient use of resources, may be considered a breach of a State's progressively realizable obligations. States must also ensure that what appears to be greater efficiency is not simply masking the transfer of such costs to non-State actors. For example, a policy that encourages patients to spend less time in the hospital, thus reducing the financial cost per treatment, may in reality shift those costs to the patient's home caregivers.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 13
- Paragraph text
- There has been a troubling tendency to view engagement in physical activity as an individual or moral obligation, and to characterize a sedentary lifestyle as a personal failing, to be overcome with willpower. This ignores the powerful role that social or structural determinants of health play in dictating supposed lifestyle "choices", and the vital role of the State in mitigating the effect of such negative determinants by promoting, facilitating and encouraging the adoption of healthy lifestyles through education, social policy and public investments. Illustrating this principle, the Committee on Economic, Social and Cultural Rights has expressly stated that the obligation to "fulfil" requires States to disseminate appropriate information relating to healthy lifestyles and nutrition and to encourage and support people in making informed choices about their health; this encompasses provision of appropriate information regarding sport and physical activity, and ensuring the availability, accessibility, acceptability and quality of certain goods, services and facilities.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 91
- Paragraph text
- Addressing violence cuts across the Sustainable Development Goals and is critical to the realization of the right to health. The Goals envisage "a world free from fear and violence" and include specific commitments to eliminate all forms of violence against all women and girls in the public and private spheres (target 5.2); to eliminate all harmful practices, including child early and forced marriage and genital mutilation (target 5.3); to significantly reduce all forms of violence and related death rates everywhere (target 16.1); and to end all forms of violence against and torture of children (target 16.2). The Goals also include a commitment to build capacities to prevent violence (target 16.a). In addition, several other Goals address risk factors linked to violence, including ending poverty (Goal 1), ensuring healthy lives and promoting well-being (Goal 3), ensuring quality education (Goal 4), addressing inequalities (Goal 10) and making cities and settlements safe (Goal 11). As recognized in the Goals, reducing and eliminating violence is critical to transforming the world into a peaceful and inclusive global community.
- 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
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 52
- Paragraph text
- International investment agreements benefit transnational corporations as investors because such corporations are granted rights protective of their investments in the host State, such as the right to fair and equitable treatment. Transnational corporations also have the right to initiate disputes before international commercial arbitration tribunals for alleged violations by the host State and for State infringement on the corporation's profit-making activities or potential profits. States, on the other hand, may be unable to initiate disputes against investors because transnational corporations, as non-signatories, have no obligations under international investment agreements. Such agreements perpetuate and exacerbate an asymmetrical relationship between investors and States.
- 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
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 10
- Paragraph text
- The right to health imposes overlapping obligations of immediate effect on States. They include the immediate obligations of non-discrimination and to take steps towards the progressive realization of rights, the core obligation to ensure the minimum essential levels of the right and the obligations to respect and protect. Immediate obligations are outside the ambit of article 2 (1) of the International Covenant on Economic, Social and Cultural Rights. Core obligations are the minimum essential level of a right and are not progressively realized. Duties to respect and protect are akin to obligations under the International Covenant on Civil and Political Rights to respect and ensure - because the duty to ensure includes the duty to protect - which indisputably are justiciable.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 76
- Paragraph text
- Universal health coverage has been called "a practical expression" of the right to health. It is indeed a core obligation under children's right to health. However, not all paths to universal health coverage are consistent with human rights requirements. Targets 3.7 and 3.8 do not make explicit commitments to confer priority to the poor and marginalized either in the process of expanding coverage or in developing priorities as to which services to provide. Without those clear commitments, there is a risk that universal health coverage efforts will entrench inequality. For example, in countries lacking strong health systems, Governments may pursue strategies that prioritize expansion to groups in privileged positions, such as those working in the formal sector, where infrastructure and opportunistic private or national insurance schemes are readily available. Likewise, countries with centralized and expansive health coverage might soon proclaim achievement of universal health coverage, even while some of their most vulnerable subgroups are left with health care that is abusive, coercive and/or of poor quality.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Right to health in conflict situations 2013, para. 30
- Paragraph text
- Militarization refers to the taking over or use of health facilities and services by armed forces or law enforcement agencies for achieving military objectives. Such military use poses a serious risk to the life and health of patients and health-care workers and erodes the role and perception of hospitals as a safe space to access health care. The impartiality of medical facilities is often compromised by the constant presence of security forces in hospitals and intimidation of patients and health-care workers in hospitals and clinics. Hospitals and clinics are sometimes taken over by security forces in order to identify or arrest protestors injured in clashes with pro-Government forces. Those identified with protest-related injuries are often prevented from seeking emergency medical attention, removed from medical care, tortured or arrested (A/HRC/19/69, para. 63). Militarization of health care has also led to undesirable fallouts in respect of access to basic health care in some countries. Widespread fear of persecution leads civilians to avoid seeking treatment at health facilities and resort to treatment in unsafe conditions instead (ibid.). Such persecution violates the right to health of persons by impeding their access to quality health services.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 30
- Paragraph text
- Studies have shown that the food industry uses various strategies to undermine public health nutrition efforts. For example, the food industry hires prominent academics for their advisory boards, which may result in findings being more favourable towards the food industry, with the danger that the food industry may use such biased findings to support its claims on nutrition. Other tactics include the funding of front groups (that appear independent, yet are controlled by other organizations), lobbying and instituting lawsuits and threats thereof. It has also been shown that, under the guise of corporate social responsibility to meet their ethical obligations towards society at large, big soft drink companies have attempted to shift the burden of the responsibility to make healthier choices onto consumers instead of addressing their role in creating an unhealthy food environment. Furthermore, corporate social responsibility has also been used by the big soft drink industry as a means to thwart attempts at government regulation and increase sales of their products, particularly to children. Such acts result in a negation of the right to health.
- 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
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Right to health in conflict situations 2013, para. 45
- Paragraph text
- Mass displacement, breakdown of community and family networks, and institutional collapse may create a vacuum in which women and young girls are vulnerable to sexual violence. They face a heightened risk of sexual exploitation and trafficking, as well as increased domestic violence and abuse from family members. Health facilities that lack qualified health professionals, patient referral mechanisms and psychological counselling may be unable to identify and respond to these forms of conflict-related sexual violence. This is especially true when health services are restricted to sexual violence perpetrated by armed groups. The stigma associated with sexual violence and HIV and the absence of adequate protection mechanisms may also contribute to negative physical and mental health outcomes. Stigma, abandonment by families and communities, and retribution from perpetrators create an atmosphere that perpetuates gender-based violence and leads to the exclusion and disempowerment of survivors. The failure to provide services that promote the safety and respect the confidentiality of survivors undermines their full participation in society, particularly in post-conflict reconstruction efforts.
- 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
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Youth
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 41
- Paragraph text
- However, community-based health insurance programmes may be unable to achieve effective cross-subsidization owing to the size and constitution of community pools. In most cases, community-based pools are very small in size and comprise poor individuals at high risk for illness; financial and health risks therefore may not be effectively subsidized across pool members. Contributions to community-based health insurance have also been shown to be regressive in some instances, as contributions are made as flat amounts and income-rated contributions and exemptions for the poor have been difficult to implement owing to challenges in determining household incomes. Moreover, the costs associated with collecting contributions from populations in rural areas and informal urban areas are high relative to the revenue generated from contributions. Thus, while in some cases community-based insurance programmes may be used to increase access to health facilities, goods and services for vulnerable or marginalized groups and facilitate the participation of communities in health-related decision-making processes, they are not a substitute for larger, more centralized pooling mechanisms.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- N.A.
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
The realization of the right to health of older persons 2011, para. 17
- Paragraph text
- Differences between the genders in respect of the ageing process must also be acknowledged, given that global life expectancy at birth for women is currently 70 years, and is significantly higher than for men at 66 years. Given differing life expectancies, it is more often men who are able to rely on informal care from their spouses than women. Women who outlive their husbands are more often left with no spousal support, relying on informal care by other relatives or the formal care system. Compounding this problem is the fact that older women are frequently excluded from social security and health insurance schemes that are linked to formal, paid employment. They are also at much greater risk of poverty than men. In many countries older women are less likely than men to hold valuable assets in their own name (A/HRC/14/31, paras. 19-21). These factors limit women's ability to provide for their own health-related needs in later life. Furthermore, lack of access to health care services for debilitating diseases such as cancer and hypertension, or illnesses disproportionately affecting women such as osteoporosis, have also been noted to prevent older women from enjoying their full human rights (CEDAW/C/GC/27).
- 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
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Poverty
- Person(s) affected
- Older persons
- Women
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 32
- Paragraph text
- The Global Fund and the International Drug Purchase Facility (UNITAID) represent two successful examples of global pooling that have had significant positive impacts in the fight against HIV/AIDS, tuberculosis and malaria globally. Both the Global Fund and UNITAID have collected and pooled significant resources from donor States and through innovative financing mechanisms and allocated funds and resources based on need. Under programmes funded by the Global Fund, 3.3 million people living with HIV received antiretroviral treatments in 2011 alone and 9.3 million smear-positive cases of tuberculosis were detected and treated between 2010 and 2012. UNITAID has provided child-friendly treatment to 400,000 children living with HIV and delivered 46 million artemisinin-based combination therapies to first-line purchasers of malaria medications. Moreover, in contrast to bilateral aid and assistance from international financial institutions, the Global Fund and UNITAID have removed conditionalities and increased levels of transparency and stakeholder participation in funding processes and programmatic activities in accordance with the right to health approach to health financing.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 43
- Paragraph text
- Palliative care is an approach that seeks to improve the quality of life of patients diagnosed with life-threatening illnesses through prevention and relief of suffering. Moderate to severe pain is a common by-product of these illnesses, including advanced malignancies, which require opioid analgesics for management. WHO lists these and other analgesics, as essential medicines. Between 60 to 90 per cent of patients with advanced cancer suffer from moderate to severe pain requiring such analgesia, and around 85 per cent of people living with HIV may have untreated pain. Where patients with HIV are also dependent on drugs, they may be denied access to both OST and palliative care. The consequences of chronic, untreated pain are not only physical: people experiencing chronic pain are four times more likely to suffer from depression or anxiety. Patients suffering from severe to moderate pain, where palliative care essentially is unavailable, said they would prefer to die than continue living with untreated, severe pain.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 36
- Paragraph text
- The criminalization of abortion also has a severe impact on mental health. The need to seek illegal health services and the intense stigmatization of both the abortion procedure and women who seek such procedures can have deleterious effects on women's mental health. In some cases, women have committed suicide because of accumulated pressures and stigma related to abortion. In jurisdictions where rape is not a ground for termination of pregnancy, women and girls who are pregnant as a result of rape but who do not wish to continue their pregnancy are either forced to carry the pregnancy to term or seek an illegal abortion. Both options can cause enormous anguish. In electing to pursue either option, the overarching threat of being investigated, prosecuted and punished within the criminal justice system has significant negative impacts on the emotional health and well-being of both those who seek abortions and those who do not. Moreover, while the psychological impact of seeking an illegal abortion or carrying an unwanted pregnancy to term is well documented, no corresponding evidence supports the existence of long-term mental health sequelae resulting from elective abortion.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Women
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 70
- Paragraph text
- Formulation of international guidelines concerning implementation of the international drug control treaties would address in detail the relationship between drug control efforts and human rights, and allow States to determine whether their efforts are consistent with a right-to-health approach. Such guidelines should seek to highlight the vulnerability of marginalized groups, such as people who use drugs and people living with HIV, who are most at risk of human rights violations as a result of drug control regimes. These guidelines must be developed in an inclusive, participatory and transparent consultation process with affected communities. International guidelines used to direct policy and programmes at a national level have already been developed for HIV and counter-terrorism, which outline how human rights standards apply in each context and list practical measures that should be undertaken by States in responding to those issues in accordance with a rights-based approach.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 33
- Paragraph text
- In order to shift the global paradigm of international assistance for health from a donor-based charity regime towards an obligatory system based on the principle of solidarity, global pooling mechanisms should be founded upon international or regional treaties under which States incur legal obligations to contribute to the pool according to their ability to pay and through which funds are allocated based upon need. Such a shift is necessary in order to ensure the availability of sustainable international funding as required by the right to health. In order to promote ownership and accountability within the regime, each State would contribute to the fund regardless of its income level and all funding and programmatic processes must be transparent and include the active and informed participation of civil society and affected communities. In order to realize the right to health globally, States should therefore take all necessary steps towards the development of treaty-based global pooling mechanisms, comprising compulsory progressive contributions allocated based upon need and driven by transparent, participatory processes.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 10
- Paragraph text
- General Comment No. 14 of the Committee on Economic, Social and Cultural Rights elaborates the concept of reproductive health, stating that women and men have the freedom to decide if and when to reproduce and the right to be informed and to have access to safe, effective, affordable and acceptable methods of family planning of their choice and appropriate health-care services that will, for example, enable women to go safely through pregnancy and childbirth (E/C.12/2000/4, footnote 12). Sexual health is a "state of physical, emotional, mental and social well-being related to sexuality, not merely the absence of disease, dysfunction or infirmity". The Programme of Action of the International Conference on Population and Development states that sexual health includes the right to a satisfying and safe sex life as well as the freedom to decide when and how often to reproduce (A/CONF.171/13, para. 7.2). It also states that sexual health requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free of coercion, discrimination and violence.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Men
- Women
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 17
- Paragraph text
- The causal relationship between the gender stereotyping, discrimination and marginalization of women and girls and their enjoyment of their right to sexual and reproductive health is well documented (see E/CN.4/2002/83 and E/CN.4/2004/49). Criminalization generates and perpetuates stigma; restricts their ability to make full use of available sexual and reproductive health-care goods, services and information; denies their full participation in society; and distorts perceptions among health-care professionals which, as a consequence, can hinder their access to health-care services. Criminal laws and other legal restrictions disempower women, who may be deterred from taking steps to protect their health, in order to avoid liability and out of fear of stigmatization. By restricting access to sexual and reproductive health-care goods, services and information these laws can also have a discriminatory effect, in that they disproportionately affect those in need of such resources, namely women. As a result, women and girls are punished both when they abide by these laws, and are thus subjected to poor physical and mental health outcomes, and when they do not, and thus face incarceration.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Women
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 34
- Paragraph text
- The right to health requires States to ensure that good quality health facilities, goods and services are accessible to all without discrimination. To respect and fulfil the right to health, States should remove financial barriers that restrict access to health care. Accordingly, the right to health requires States to ensure that the ability to pay does not affect an individual's decision whether to access necessary health goods and services. Health systems funded by prepayments, such as tax- and compulsory insurance-based systems, reduce financial barriers through the pooling of funds collected prior to the point of service delivery. Pooling is a method by which funds for health are accumulated and managed in order to spread the financial risk of illness across all members of a pool, over a period of time. Pooling promotes equitable financing for health by facilitating cross-subsidies from healthy to unhealthy and from wealthy to poor members of the pool and across the life cycles of individual members. Pooling also increases efficiency by promoting more equitable improvements in health across populations and hedging against risks associated with uncertainties related to future health and financial capacity.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 63
- Paragraph text
- Adequate knowledge about sexual and reproductive health has repeatedly proved to be effecting in lowering rates of maternal mortality; preventing unintended pregnancies, unsafe abortion, HIV/AIDS and other sexually transmitted infections; delaying the onset of sexual intercourse; increasing knowledge about family planning options; and protecting against gender-based violence (see E/C.12/2000/4, para. 21). Empowering women through comprehensive education and information on sexual and reproductive health is also imperative since young women often have less power or control in their relationships, which make them disproportionately vulnerable to coercion, abuse and exploitation. As a tool for empowerment and means to critically examine gender inequalities and stereotypes, comprehensive education and information also becomes a way of eroding deeply entrenched systems of patriarchy; such systems perpetuate violations of women's rights, including their right to health (see A/65/162, paras. 7-9). Providing women with knowledge and skills relating to their sexual and reproductive health, related education and information enhances their freedom in making informed health-related decisions, and promotes their equal participation in society.
- 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
- Topic(s)
- Education
- Gender
- Health
- Person(s) affected
- Women
- Youth
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 53
- Paragraph text
- Other laws restricting access to family planning and contraception include a city-wide de facto ban on so-called "artificial" contraception in one jurisdiction, which created significant difficulty for women in accessing reliable forms of birth control (see A/HRC/14/20/Add.1). A total of 70 per cent of the affected population, a majority of whom were poor and marginalized, depended on Government providers for services including female sterilization, oral pills, intrauterine devices and injectables (ibid.). The ban resulted in the absolute deprivation of access to family planning services and contraception for many women and men. In other instances, States require women to obtain their husband's consent and adolescents to obtain parental consent before acquiring various forms of contraception. Other jurisdictions allow pharmacists, and in some cases pharmacies, to refuse to dispense emergency contraception, which is otherwise legally available. These laws directly infringe upon the right of women and girls to make free and informed choices about their sexual and reproductive health and reflect discriminatory notions of women's roles in the family and society.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Girls
- Women
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 29
- Paragraph text
- Historically, sex work has been criminalized in two major ways. First, through the criminalization of the selling of sexual services, with the imposition of penalties upon sex workers themselves. Second, through the criminalization of various practices around sex work: these include, but are not limited to, keeping a brothel; recruiting for or arranging the prostitution of others; living off the proceeds of sex work; solicitation; and facilitating sex work through the provision of information or assistance. Although the former is not directly criminalized in many States worldwide, sex workers are nonetheless treated as criminals where activities around sex work are criminalized, or through the use of other pre-existing laws (not specific to sex work) to harass, intimidate or justify the use of force against sex workers. Examples include the use of vagrancy or public nuisance laws to detain or arrest street sex workers, or the use of laws prohibiting homosexual acts in relation to male and transgender sex workers.
- 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
- Topic(s)
- Gender
- Violence
- Person(s) affected
- LGBTQI+
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 63
- Paragraph text
- The international drug control treaties include space for a number of good-faith interpretations that allow for domestic legislative reform, even in the absence of significant changes to the international drug control regime. For instance, article 3, para. 2 of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances provides that obligations to criminalize possession for personal consumption are subordinate to the State's constitutional principles and the concepts of its legal system. For example, the Supreme Court of Argentina recently held that application of criminal sentences for possession of marijuana for personal use is unconstitutional. Subsequently, Argentina has taken legislative measures to decriminalize personal use of drugs. Mexico also recently decriminalized possession of small amounts of drugs for personal use, and both countries have been criticized by the International Narcotics Control Board, particularly on the grounds that the amendments send "the wrong message to the general public".
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Occupational health 2012, para. 8
- Paragraph text
- The ILO recognizes both the right to a safe and healthy working environment and the protection of the worker against sickness, disease and injury arising out of his employment to be fundamental human rights. The ILO defines its Decent Work agenda to require safe and healthy work that does not expose workers to health hazards. The ILO has adopted numerous instruments ratified by varying numbers of member States that directly address occupational health. These include the Convention on Occupational Safety and Health, the Occupational Health Services Convention, the Working Environment (Air Pollution, Noise and Vibration) Convention, as well as the Protection of Workers' Health Recommendations. The ILO defines "health" broadly in the context of work to indicate not merely the absence of disease or infirmity but also the physical and mental elements affecting health, which are directly related to safety and hygiene at work. "Industrial hygiene" (or occupational hygiene) encompasses all efforts to protect workers' health through control of the work environment, including the recognition and evaluation of those factors that may cause illness, lack of well-being or discomfort among workers or the community.
- 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
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 9
- Paragraph text
- These laws represent an infringement of the right to health as outlined in article 12 of the International Covenant on Economic, Social and Cultural Rights. Article 2, paragraph 2, of the Covenant requires that State parties undertake to guarantee that the rights within the Covenant, including the right to health, are exercised without discrimination of any kind, including on the basis of "other status". This is further developed in general comment No. 14 (2000) of the Committee on Economic, Social and Cultural Rights, which notes that the Covenant proscribes any discrimination in access to health care and underlying determinants of health, including on the grounds of sexual orientation (para. 18). The Committee also recognizes gender identity as a prohibited ground of discrimination. In its general comment No. 4 (2003), the Committee on the Rights of the Child also confirmed that "other status" extends to sexual orientation (para. 6). Such criminalization impedes the right to health, not only through discrimination, but by denying equal access to health services, as will be demonstrated.
- 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
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- All
- Children
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Report on expert consultation on access to medicines 2011, para. 48
- Paragraph text
- A new challenge for the health sector is ensuring access to medicines for non-communicable or chronic diseases. As for any other general essential medicine, equitable access (including rational selection of medicines, affordable prices, sustainable financing and reliable health systems), availability, safety and quality must also be ensured for medicines for non-communicable diseases. Another challenge for these drugs is the creation of clinical guidelines for them, including diagnostic standards and an international agreement on when to start medical treatment. The international pharmaceutical industry is heavily engaged in non-communicable diseases owing to the long-term market potential of chronic treatments. For this reason, a potential conflict of interests between industry, patient organizations, professional associations, health insurance companies and public sector bodies must be carefully indentified and managed. This also applies to low- and middle-income countries, where many locally produced and branded generic medicines are aggressively marketed.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 4
- Paragraph text
- The right to heath approach to health financing is especially critical in the light of these global trends and challenges in financing for health. It provides a framework to ensure the prioritization of health in State budgets, strengthened by the active and informed participation of affected individuals and communities in the formulation, implementation, monitoring and evaluation of health budgets. The approach requires the equitable allocation of health funds and resources and recognizes the essential role international assistance plays in ensuring that adequate funds and technical resources are available for health globally, particularly for low-income States. The approach emphasizes the importance of prioritizing funding for primary health care in striking a balance among financing the primary, secondary and tertiary care sectors. Finally, the right to health approach recognizes the resource divide among rural, remote and urban areas and requires States to equitably allocate health funds and resources to rural and remote areas to ensure the availability and accessibility of good quality health facilities, goods and services in those areas based on the principle of non-discrimination.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 40
- Paragraph text
- Millions of people worldwide require essential medicines for pain, drug dependency and other health conditions, but availability is often limited by restrictive drug regulations, failure to implement a properly functioning supply and distribution system, and inadequate health-care system capacity. An alarming availability gap exists between the developed and developing world in relation to the supply of essential medicines. Although the developing world has nearly half of the world's cancer patients and nearly all new HIV infections, it consumes only 6 per cent of the licit morphine supply. About 89 per cent of all legally controlled medicines, including morphine is consumed by North America and Europe. The Economic and Social Council, in its resolution 2005/25, recognized the need to remove barriers to accessing opioid analgesics, and the International Narcotics Control Board consistently has concluded that availability of essential controlled medicines is far too limited in many countries.
- 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
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 31
- Paragraph text
- Other international instruments address the trafficking of people, including for the purposes of sexual exploitation. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime defines trafficking as "the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation" (art. 3 (a)). Exploitation is further defined to include the prostitution of others or other forms of sexual exploitation. Additionally, the Protocol states that the consent of any victim of trafficking is deemed irrelevant where circumstances such as vulnerability or abuse of power exist (art. 3 (b)).
- 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
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 42
- Paragraph text
- Social health insurance is a pooling mechanism funded by compulsory prepayments collected through individual and organizational contributions supplemented by taxation. Social health insurance programmes are generally administered by the State, which uses funds raised through compulsory contributions and tax revenues to purchase health goods and services for the insured. In contrast to pooling mechanisms that comprise smaller, fragmented pools, social health insurance programmes establish sufficiently large pools, through compulsory contributions, to facilitate effective cross-subsidization of financial and health risks across large populations. Social health insurance thus increases utilization of and promotes equity in access to health facilities, goods and services and affords higher levels of financial protection for the poor. Social health insurance programmes may take the form of single payer systems, which tend to encourage efficient health spending and lower administrative costs, or multiple payer systems, which encourage competition and allow other entities to purchase health services. Social health insurance programmes are therefore one example of a pooling mechanism that promotes the realization of the right to health.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 10
- Paragraph text
- The obligation to ensure the equitable allocation of health facilities, goods and services for all persons without discrimination is a core obligation under the right to health. The right to access good quality health facilities, goods and services on a non-discriminatory basis, particularly for vulnerable or marginalized groups, including, among others, ethnic, racial, religious and sexual minority groups, women, children and the poor, constitutes an additional core obligation for States. In order to meet these core obligations under the right to health, States must ensure the equitable allocation of health funds and resources towards achieving universal access to good quality health facilities, goods and services, in accordance with the principle of non-discrimination and with special attention to the needs of vulnerable or marginalized populations. Inequitable allocation of health funds and resources may lead to indirect discrimination within health systems, particularly with respect to vulnerable or marginalized groups who often lack the social and political means to challenge the inequitable allocation of public resources (General Comment No. 14, para. 19).
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 47
- Paragraph text
- Economic affordability is a central component of the right-to-health requirement of accessibility. Controlled medicines need not be made available for free; rather, at an affordable cost. Despite this, even medicines that can be manufactured at low cost are not necessarily affordable for consumers, because drug producers incur significant regulatory costs that are passed on to consumers within the market price of the drug. For instance, Cipla, a generic manufacturer in India, produces 10 mg morphine tablets sold wholesale for US$ 0.017 each, yet the median cost of a month's supply of morphine in low- and middle-income countries is $112, as compared to $53 for industrialized countries. Additionally, non generic medicines frequently are promoted for use over cheaper, equally safe and effective generic counterparts. Branded drugs generally are more expensive and, therefore, unaffordable for large parts of the population, especially vulnerable groups, such as people who use drugs and people living with HIV.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 61
- Paragraph text
- Studies have shown that while few young people have accurate knowledge about HIV/AIDS, women are generally even less well informed than men. In a UNAIDS study of 147 countries, whereas more than 70 per cent of young men were found to recognize that condoms can protect against HIV, only 55 per cent of young women identified condoms as an effective strategy for HIV prevention. Women and girls are disproportionally impacted by legal restrictions to comprehensive sexual and reproductive health education and information, which both reinforces and exacerbates the gender inequalities that the figures demonstrate. The existence of legal restrictions on access to sexual and reproductive health information and education lead to the provision of inaccurate information through informal sources that are often inaccurate and may reinforce negative gender stereotypes. As a result, young women are less prepared for their sexual and reproductive lives, leaving them vulnerable to coercion, abuse and exploitation, as well as to an increased risk of unintended pregnancy, unsafe abortion, maternal mortality, HIV/AIDS and other sexually transmitted infections.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Women
- Youth
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
The realization of the right to health of older persons 2011, para. 21
- Paragraph text
- Nonetheless, different human rights treaty monitoring bodies have interpreted and applied existing norms to older persons as a group, recognizing their vulnerability to discrimination and exclusion. In 1995, the Committee on Economic, Social and Cultural Rights (CESCR) adopted general comment No. 6, which offers a detailed interpretation of the specific obligations of State parties regarding each of the rights contained in the International Covenant on Economic, Social and Cultural Rights, as they apply to older persons. In 2010, the Committee on the Elimination of Discrimination against Women adopted general recommendation No. 27 on older women and the protection of their human rights. General comment No. 14 of CESCR elaborates on substantive issues arising from the implementation of the right to health and addresses particular issues related to older persons, including "preventive, curative and rehabilitative health treatment…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".
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Older persons
- Women
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
The realization of the right to health of older persons 2011, para. 22
- Paragraph text
- In addition, there are non-binding United Nations instruments and international documents on ageing and older persons, such as the 1982 Vienna International Plan of Action on Ageing, the 1991 United Nations Principles for Older Persons, the 1992 Global targets on ageing for the year, and the 1992 Proclamation on Ageing. The most recent of these is the Political Declaration and the Madrid International Plan of Action on Ageing adopted at the Second World Assembly on Ageing in April 2002, and endorsed by the General Assembly in resolution 57/167 of 18 December 2002. The Political Declaration reaffirms the global commitment to promote and protect human rights and to eliminate age-discrimination, neglect, abuse and violence (art. 5). It further makes reference to the right to health (art. 14), the opportunity to work and the continuing access to education and training programmes (art. 12). It has guided the development of legislation and policies at the national level and provided a framework for international cooperation, which resulted in, among other things, the establishment of the Open-Ended Working Group on the Human Rights of Older Persons in 2010, pursuant to General Assembly resolution 65/182.
- 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
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 1
- Paragraph text
- Full realization of the right of everyone to the highest attainable standard of physical and mental health is contingent upon the availability of adequate, equitable and sustainable financing for health, at the domestic and international levels. The present report thus considers health financing in the context of the right to health. It discusses the obligation of States to ensure adequate, equitable and sustainable domestic funding for health and provides a conceptual framework for a right to health approach to health financing. In particular, it examines States' obligations to: ensure that adequate funds are available for health and to prioritize funding for health in national budgets; ensure equitable allocation of health funds and resources; and cooperate internationally to ensure the availability of sustainable international funding for health. The report also explores a number of substantive issues in this regard, including taxation and international funding for health; pooling mechanisms, including social health insurance; and allocative concerns, such as allocation of health funds and resources among primary, secondary, and tertiary health care and the resource divide between rural, remote and urban areas.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 73
- Paragraph text
- The Special Rapporteur considers that there is a need in the long term to consider alternatives to the current drug control system. One such alternative model may be the Framework Convention on Tobacco Control, in which certain controlled medicines would be regulated in a manner similar to tobacco. The purpose of the Framework Convention is to reduce the social, environmental and public health harms of tobacco smoke through creation of a framework by which global tobacco use may be decreased continually. It represents a paradigm shift in developing a regulatory strategy to address addictive substances, which protects the rights of people who use and are dependent on drugs while minimizing associated harms. A new regulatory framework concerning drugs other than tobacco would require assessment of the scientific evidence of a drug's effects on the individual and the public, the public health and human rights effects of each controlled drug, and inclusion into the scheme would occur on a case-by-case basis.
- 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
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 18
- Paragraph text
- In jurisdictions in which their sexual conduct is criminalized, affected individuals are much more likely to be unable to gain access to effective health services, and preventive health measures that should be tailored to these communities are suppressed. The fear of judgement and punishment can deter those engaging in consensual same-sex conduct from seeking out and gaining access to health services. This is often a direct result of the attitudes of health-care professionals who are not trained to meet the needs of same-sex practising clients - not only in terms of sexual health, but also with regard to health care more generally. Often, health professionals may refuse to treat homosexual patients altogether, or respond with hostility when compelled to do so. Where patients may be guilty of a criminal offence, by engaging in consensual same-sex conduct, this has the potential to jeopardize the obligations of confidentiality that arise during the course of the doctor-patient relationship, as health professionals may be required by law to divulge details of patient interaction.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Health financing in the context of the right to health 2012, para. 7
- Paragraph text
- In order to make use of maximum available resources, States must therefore take all necessary steps to raise adequate revenue and mobilize resources for health and ensure that health financing is correspondingly prioritized in national and subnational budgets. Budget prioritization requires States to set aside a significant portion of general government expenditures towards spending on health and prioritize health alongside other core funding commitments, such as spending on education, social security and defence. States have a positive obligation in this regard to facilitate the active and informed participation of affected individuals and communities in the formulation, implementation, monitoring and evaluation of health budgets. States should also ensure transparency in the formulation, implementation, monitoring and evaluation of budgets for health. In order to ensure accountability for the implementation of national and subnational health budgets and related laws and policies, States should also develop and implement mechanisms that allow or provide for independent auditing and oversight of those instruments.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
The realization of the right to health of older persons 2011, para. 61
- Paragraph text
- Guaranteeing informed consent is a fundamental feature of respecting an individual's autonomy, self-determination and human dignity. Informed consent invokes several human rights elements that are indivisible, interdependent and interrelated. In addition to the right to health, these include the right to autonomy, freedom from discrimination, freedom from non-consensual experimentation, security and dignity of the human person, recognition before the law, freedom of thought and expression and reproductive self-determination. Individual autonomy, bodily integrity and well-being are central to the right to health framework. This framework identifies the availability, accessibility, acceptability and quality of health information as key elements of that right, defined as "the right to seek, receive, and impart information and ideas concerning health issues" (E/C.12/2000/4, para. 12). In a report to the General Assembly, the Special Rapporteur defined informed consent as "a voluntary and sufficiently informed decision, protecting the right of the patient to be involved in medical decision-making, and assigning associated duties and obligations to health-care providers" (A/64/272, para. 9).
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 63
- Paragraph text
- Criminalization of HIV transmission or exposure places legal responsibility for HIV prevention exclusively on those already living with HIV, undermining the notion of shared responsibility between sexual partners, and potentially creating a false sense of security amongst those who are HIV-negative. Criminalization also has the potential to discourage HIV testing, which is a core component of successful HIV/AIDS health initiatives. An additional barrier to access to services could be manifested through increased distrust in relationships with health professionals and researchers, impeding the provision of quality care and research, as people may fear that information regarding their HIV status will be used against them in a criminal case or otherwise. As the prevalence of high-risk sexual behaviour is significantly lower in individuals aware of their seropositive status, any laws that discourage testing and diagnosis have the potential to increase the prevalence of risky sexual practices and HIV transmission.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 32
- Paragraph text
- As to physical accessibility, health sector corruption can lead to choices that are less favourable to the community, for instance as a result of bribes, health-care facilities may be built in urban or wealthy areas rather than in locations accessible to poor or rural populations.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 82
- Paragraph text
- Corruption has a devastating effect on good governance, the rule of law and equitable access to public goods and services. Corruption is a human rights concern and it has a particularly damaging effect on the enjoyment of the right to health. The health sector is especially prone to corruption, which threatens the sustainability of health-care systems worldwide.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 37
- Paragraph text
- Corruption compromises the ability of the State to guarantee the underlying and social determinants of health including safe drinking water, safe and nutritious food and a healthy environment, and exacerbates the discrimination and inequalities that prevail in societies throughout the world.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 78
- Paragraph text
- It is the global burden of such obstacles, rather than the global burden of mental disorders, that should be addressed as a priority in mental health policies and services. In that connection, corruption in mental health research, education and services should be addressed as one of the most important concerns or obstacles.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87j
- Paragraph text
- [The Special Rapporteur urges States to:] Ensure monitoring and accountability in the health sector and related sectors through the establishment of well-resourced and independent anti-corruption and fraud agencies, as well as accessible and effective accountability procedures for health system users who encounter corrupt practices;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 41
- Paragraph text
- There is ample research indicating that corruption and a lack of transparency exacerbate socioeconomic deprivation. Lower social groups carry a heavier burden in a society rife with corrupt elements. In turn, the equal enjoyment of the right to health is deeply affected by poverty and income inequality.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 69
- Paragraph text
- Because of its global reach, the Diagnostic and Statistical Manual of Mental Disorders (DSM) has been referred to as the “bible” of psychiatric diagnosis and is used worldwide in psychiatric research. However, over the last decade there have been increasing concerns that the interconnected needs of the pharmaceutical industry and the psychiatric community may have played a role in the development or expansion of questionable diagnostic categories.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 34
- Paragraph text
- In terms of information accessibility, a lack of information about rights in the health system can provide a smokescreen for corruption. Moreover, patients are vulnerable due to the so-called “information imbalance” in the health sector, with doctors being more knowledgeable about the health-care services that they provide than the receivers.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 88e
- Paragraph text
- [The Special Rapporteur also urges other relevant stakeholders to:] Address the production and dissemination of biased outcomes of research in psychiatry and prevent, through transparent changes in medical education, research and practice, institutional corruption in psychiatry and mental health care;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 88c
- Paragraph text
- [The Special Rapporteur also urges other relevant stakeholders to:] Strengthen measures to address corruption and unethical practices in the process of generation of knowledge through research, dissemination of such knowledge through medical education and the development of guidelines for diagnostics and treatment of health conditions;
- 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
- Topic(s)
- Education
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87g
- Paragraph text
- [The Special Rapporteur urges States to:] Raise awareness among the general population about the negative impact of all forms of corruption in the health sector on individual and societal health and well-being. National human rights institutions can play a role in such awareness-raising and this may include the establishment of corruption-reporting hotlines;
- 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
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 64
- Paragraph text
- Existing evidence shows that mental health policies and services are especially prone to ineffective and corrupt practices, as well as the use of biased evidence. These obstacles, if not properly addressed, divert mental health policies and services from the effective realization of the right to health and hinder implementation of Sustainable Development Goals, including Goal 3 and a very important target: to promote mental health and well-being.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 30
- Paragraph text
- Petty and grand corruption and institutional and political corruption can have a negative impact on the availability, accessibility, acceptability and quality of health care. When money that has been allocated to the health sector is embezzled, the availability of health services and goods is affected.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 57
- Paragraph text
- Organizations administering health insurance schemes and insurance regulators have a responsibility to prevent embezzlement, theft and illicit enrichment from the health insurance budget and bias in favour of certain procedures, medical professionals or products due to conflicts of interests. They should avoid adverse selection practices leading to patients being refused on the basis of their health status, age, financial capacity or other factors.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87i
- Paragraph text
- [The Special Rapporteur urges States to:] Engage a variety of stakeholders, such as community organizations, professional organizations and civil society organizations, including those representing groups in vulnerable situations, in determining the allocation of funding, as well as in monitoring budget expenditure at the national, local and institutional levels;
- 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
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 21
- Paragraph text
- Mindful that the nature of corruption means that it is often difficult to distinguish intentional malfeasance from inefficiencies, errors, and differences in judgments and in priorities, the Special Rapporteur underlines that enhancing transparency is particularly important not only to address clearly corrupt practices but also to address these harmful phenomena, which obstruct the enjoyment of the right to health.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 75
- Paragraph text
- The Special Rapporteur is seriously concerned that treatment guidelines for mental health conditions are particularly vulnerable to industry capture because the absence of biological markers for mental health conditions increases clinical uncertainty and subjective judgments. Bias in such guidelines creates the potential to expose patients to harm from unnecessary treatment or from treatment that is not evidence-based and leads to a drain on resources.
- 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
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87f
- Paragraph text
- [The Special Rapporteur urges States to:] Raise awareness among the actors in the health sector, including health-care providers, insurers and the providers of medicines and medical equipment about the harmful effects of corruption on the right to health and insist on their responsibilities under the right to health;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 79
- Paragraph text
- Indeed, institutional corruption in mental health has reinforced the medicalization of emotional distress and has thereby undermined the ability of decision makers to focus on the underlying and social determinants of health and address the way in which the health of socially disadvantaged groups is determined by exposures to societal and environmental risks and resources.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87h
- Paragraph text
- [The Special Rapporteur urges States to:] Guarantee the right to participation of the population in all actions aimed at combating corruption in health, such as through the disclosure of important health-related information, as well as in the design and delivery of health programmes;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
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Corruption and the right to health 2017, para. 84
- Paragraph text
- All forms of corruption at all levels have a negative impact on realization of the right to health. Many of these forms originate from power imbalances and asymmetries, which are widely prevalent in the health sector. Such asymmetries are perpetuated by non-transparent decision-making and reinforce ineffective and harmful policymaking and health services provision.
- 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
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
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Corruption and the right to health 2017, para. 38
- Paragraph text
- To take the example of water, around 10 per cent of water sector investment is lost to corruption. Corruption can make water inaccessible and unaffordable and affect the quality of water. In some low-income countries, corruption can add an estimated 30-45 per cent to the price of connection to a water network. The increasing role played by private sector actors in water services requires the State to adopt an appropriate regulatory framework.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87p
- Paragraph text
- [The Special Rapporteur urges States to:] Create awareness, for example through the development of ethical guidelines, among health-care providers that they should remain independent from outside organizations and avoid conflicts of interest with the best interests of their patients;
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
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Corruption and the right to health 2017, para. 65
- Paragraph text
- Mental health policies and services illustrate how lack of transparency and accountability in the relationships between the pharmaceutical industry and academic medicine can lead to institutional corruption and have a detrimental effect on mental health policies and services, not only on a national or regional scale but also at the global level.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
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Corruption and the right to health 2017, para. 73
- Paragraph text
- The Special Rapporteur observes that pharmaceutical companies have a vested interest in finding a new indication (namely, a new disorder) for their drugs when a patent expires since this allows the drug manufacturer to obtain an additional three years of exclusivity for the drug in question. Pharmaceutical companies have used “exclusivity” as an informal mechanism to effectively extend patent protection for that time period.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 87e
- Paragraph text
- [The Special Rapporteur urges States to:] When elements of a health sector are decentralized or handed over to the private sector, to ensure that there are sufficient checks and balances to ensure that this transition addresses corruption and, at the least, does not lead to more corruption. There must be adequate oversight, transparency and monitoring of private sector and decentralized provision;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 12
- Paragraph text
- Corruption is particularly detrimental in that it increases mistrust on the part of all stakeholders, especially users of services, not only in the health-care system but also in the abilities and performance of local and national authorities in general. While little research has been done on the impact of corruption on health outcomes, it is suggested, for example, that countries with higher levels of corruption have higher levels of child mortality.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 88b
- Paragraph text
- [The Special Rapporteur also urges other relevant stakeholders to:] Address, through legal, policy and other measures, corrupt practices taking place in all stages of the pharmaceutical value chain, including during research and development, manufacturing, registration, distribution, procurement and marketing of medicines;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
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Corruption and the right to health 2017, para. 83
- Paragraph text
- The right to health offers a valuable normative framework and a legally binding imperative to address corruption in and beyond the health sector. The framework embraces the principles of good governance, transparency, accountability and participation. The right to health is closely related and dependent on other human rights, which are also important for combating corruption, including freedom of expression, which gives guarantees to whistle-blowers.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 88f
- Paragraph text
- [The Special Rapporteur also urges other relevant stakeholders to:] Enhance transparency and avoid misusing the principle of academic autonomy when investments in health and health care are addressed, so that the integrity of academic medicine and its commitment to the realization of the right to health is not undermined.
- 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
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 9e
- Paragraph text
- [All in all, corruption is a multidisciplinary phenomenon demanding a response from many fields of study. From a legal perspective, the United Nations Convention against Corruption (General Assembly resolution 58/4, annex) lists five acts of corruption, which can be translated as follows to the health context:] Illicit enrichment.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 9b
- Paragraph text
- [All in all, corruption is a multidisciplinary phenomenon demanding a response from many fields of study. From a legal perspective, the United Nations Convention against Corruption (General Assembly resolution 58/4, annex) lists five acts of corruption, which can be translated as follows to the health context:] Embezzlement, misappropriation or other diversion of funds from the health budget by a public official;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 6
- Paragraph text
- Corruption is generally defined as “the misuse of public or entrusted power for private gain”. In relation to health, in many countries varying degrees of responsibility for public roles is entrusted to private actors, including private health professionals, pharmaceutical companies and health insurance companies. Corruption occurs in both the public and private sectors.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 9c
- Paragraph text
- [All in all, corruption is a multidisciplinary phenomenon demanding a response from many fields of study. From a legal perspective, the United Nations Convention against Corruption (General Assembly resolution 58/4, annex) lists five acts of corruption, which can be translated as follows to the health context:] Trading in influence;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 5
- Paragraph text
- The present report is the result of extensive consultations among a wide range of stakeholders, including representatives of relevant United Nations agencies, civil society and academic experts. In May 2017, the Special Rapporteur convened an expert consultation in Bangkok and is very grateful to those who participated and provided valuable inputs for the present report.
- 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
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 9a
- Paragraph text
- [All in all, corruption is a multidisciplinary phenomenon demanding a response from many fields of study. From a legal perspective, the United Nations Convention against Corruption (General Assembly resolution 58/4, annex) lists five acts of corruption, which can be translated as follows to the health context:] The bribery of national and foreign public officials in exchange for an undue advantage;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Corruption and the right to health 2017, para. 9d
- Paragraph text
- [All in all, corruption is a multidisciplinary phenomenon demanding a response from many fields of study. From a legal perspective, the United Nations Convention against Corruption (General Assembly resolution 58/4, annex) lists five acts of corruption, which can be translated as follows to the health context:] Abuse of functions;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 70
- Paragraph text
- There exists an almost universal commitment to pay for hospitals, beds and medications instead of building a society in which everyone can thrive. Regrettably, prevention and promotion are forgotten components of mental health action. Harmful assumptions that goodwill and sacrifice alone will enable populations to achieve mental health and well-being have excused this inaction.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 93b
- Paragraph text
- [To ensure that social and underlying determinants for the promotion of mental health for all are addressed, the Special Rapporteur recommends that States:] Take immediate action to develop public policies which, in alignment with the Sustainable Development Goals, address mental health and holistic development in early childhood and adolescence, prioritizing promotion and psychosocial interventions;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 63
- Paragraph text
- Informed consent is a core element of the right to health, both as a freedom and an integral safeguard to its enjoyment (see A/64/272). The right to provide consent to treatment and hospitalization includes the right to refuse treatment (see E/CN.4/2006/120, para. 82). The proliferation of paternalistic mental health legislation and lack of alternatives has made medical coercion commonplace.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
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The right to mental health 2017, para. 56
- Paragraph text
- Many countries are faced with a scarcity of human resources for mental health care and must undertake efforts to develop a workforce, including specialist and non-specialist health professionals, general practitioners and community health workers, as well as other professionals, such as teachers, social workers and other peer support and community workers with appropriate skills (including human rights education).
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 3
- Paragraph text
- The present report is the result of extensive consultations among a wide range of stakeholders, including representatives of the disability community, users and former users of mental health services, civil society representatives, mental health practitioners, including representatives of the psychiatric community and the World Health Organization (WHO), academic experts, members of United Nations human rights mechanisms and representatives of Member States.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 94a
- Paragraph text
- [To ensure that international cooperation secures the right to mental health and the 2030 Agenda, States and multilateral and international institutions should:] End all financial support for segregated residential mental health institutions, large psychiatric hospitals and other segregated facilities and services;
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 13
- Paragraph text
- Public policies continue to neglect the importance of the preconditions of poor mental health, such as violence, disempowerment, social exclusion and isolation and the breakdown of communities, systemic socioeconomic disadvantage and harmful conditions at work and in schools. Approaches to mental health that ignore the social, economic and cultural environment are not just failing people with disabilities, they are failing to promote the mental health of many others at different stages of their lives.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 94c
- Paragraph text
- [To ensure that international cooperation secures the right to mental health and the 2030 Agenda, States and multilateral and international institutions should:] Advance global mental health in all monitoring activities of the Sustainable Development Goals, including high-level political forums.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 84
- Paragraph text
- Mental health has often been neglected and when it does receive resources, it becomes dominated by ineffective and harmful models, attitudes and imbalances. That has led to the current situation of the grossly unmet need for rights-based mental health promotion and care. People of all ages, when they have mental health needs, too often suffer from either an absence of care and support or from services that are ineffective and harmful.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 50
- Paragraph text
- Diversity must be broadly understood, recognizing the diversity of human experience and the variety of ways in which people process and experience life. Respecting that diversity is crucial to ending discrimination. Peer-led movements and self-help groups, which help to normalize human experiences that are considered unconventional, contribute towards more tolerant, peaceful and just societies.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 1
- Paragraph text
- Mental health and emotional well-being are priority areas of focus for the Special Rapporteur (see A/HRC/29/33). In each thematic report, he has attempted to bring mental health into focus as a human rights and development priority in the context of early childhood development (see A/70/213), adolescence (see A/HRC/32/32) and the Sustainable Development Goals (see A/71/304).
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 79
- Paragraph text
- While psychotropic medications can be helpful, not everyone reacts well to them and in many cases they are not needed. Prescribing psychotropic medications, not because they are indicated and needed, but because effective psychosocial and public health interventions are not available, is incompatible with the right to health. For example, in most cases of mild and moderate depression “watchful waiting”, psychosocial support and psychotherapy should be the frontline treatments.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 92a
- Paragraph text
- [To address the imbalance of the biomedical approach in mental health services, the Special Rapporteur recommends that:] States take immediate measures to establish inclusive and meaningful participatory frameworks in the design of and decision-making around public policy, to include, inter alia, psychologists, social workers, nurses, users of services, civil society and those living in poverty and in the most vulnerable situations;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 92b
- Paragraph text
- [To address the imbalance of the biomedical approach in mental health services, the Special Rapporteur recommends that:] States and other relevant stakeholders, including academic institutions, recalibrate mental health research priorities to promote independent, qualitative and participatory social science research and research platforms, exploring alternative service models that are non-coercive;
- 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
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 26
- Paragraph text
- Asymmetries have been furthered by the financial power of, and alliances with, the pharmaceutical industry. Where financial resources for research and innovation are absent, the industry fills the gap with little transparency in drug approval processes or in doubtful relationships with health-care professionals and providers. That context illustrates how overreliance in policy on the biomedical model has gone too far and is now so resistant to change.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 93e
- Paragraph text
- [To ensure that social and underlying determinants for the promotion of mental health for all are addressed, the Special Rapporteur recommends that States:] Take immediate steps to eliminate the corporal punishment of children and their institutionalization, including children with disabilities.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 86
- Paragraph text
- An assessment of the global burden of obstacles alarmingly suggests their burden may be heavier than any burden of “mental disorders”. The crisis in mental health should be managed not as a crisis of individual conditions, but as a crisis of social obstacles which hinders individual rights. Mental health policies should address the “power imbalance” rather than “chemical imbalance”.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 2
- Paragraph text
- In the present report, the Special Rapporteur expands on this issue and provides a basic introduction to some of the core challenges and opportunities for advancing the realization of the right to mental health of everyone. In the light of the scope and complexity of the issue and of the evolving human rights framework and evidence base, in his report the Special Rapporteur seeks to make a contribution to the important discussions under way as mental health emerges from the shadows as a global health priority.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 45
- Paragraph text
- International human rights law guarantees the right to non-discrimination in the access to and delivery of mental health-care services and the underlying determinants of health. The right to mental health is also dependent on equality and non-discrimination in the enjoyment of all other human rights that can themselves be considered an underlying determinant.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 72
- Paragraph text
- An environment that respects, protects and fulfils human rights and is free from all forms of violence, including gender-based violence, is fundamental for effective health promotion. Public health and psychosocial interventions are essential components of a rights-based mental health system, not a luxury. Relevant action must be based upon empowerment so as to enable individuals to increase control over and improve their health.
- 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
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 85
- Paragraph text
- The failure of the status quo to address human rights violations in mental health-care systems is unacceptable. As mental health emerges as a policy priority, it is crucial now to assess the failure to chart a better way forward, reaching consensus on how to invest and how not to invest.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 7
- Paragraph text
- Forgotten issues beget forgotten people. The history of psychiatry and mental health care is marked by egregious rights violations, such as lobotomy, performed in the name of medicine. Since the Second World War and the adoption of the Universal Declaration of Human Rights, together with other international conventions, increasing attention has been paid to human rights in global mental health and psychiatry. However, whether the global community has actually learned from the painful past remains an open question.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 90
- Paragraph text
- The Special Rapporteur seeks to develop, through an inclusive and participatory process and open dialogue, guidelines on human rights and mental health to support all stakeholders in the implementation of rights-based mental health policies in their respective areas of work. He welcomes contributions and suggestions in this respect.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The right to mental health 2017, para. 94b
- Paragraph text
- [To ensure that international cooperation secures the right to mental health and the 2030 Agenda, States and multilateral and international institutions should:] Mainstream the right to mental health into health, poverty-reduction and development strategies and interventions, and explicitly include it in general and priority health policies and plans;
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
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Right to health of adolescents 2016, para. 113a
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- [In connection to sexual and reproductive health rights, the Special Rapporteur recommends that Governments:] In line with target 5.6 of the Sustainable Development Goals, adopt or integrate a comprehensive sexual and reproductive health policy for all adolescents into national strategies and programmes in order to ensure universal access to sexual and reproductive health-care services;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Year
- 2016
- Date modified
- Feb 14, 2020
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Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 75
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- Physically active older people have lower rates of all-cause mortality than their sedentary counterparts, and experience many health benefits, including healthier body mass and improved bone health, and lowered risk of coronary heart disease, high blood pressure, diabetes and cancer. Moreover, regular exercise plays an important role in preventing depression and cognitive decline.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Older persons
- Year
- 2016
- Date modified
- Feb 14, 2020
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Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 101a
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- [The Special Rapporteur recommends that States:] Review all laws, policies, regulations and programmes relating to sport and healthy lifestyles for compliance with human rights standards, and immediately amend or remove those that are discriminatory in nature or conflict with human rights;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
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Right to health of adolescents 2016, para. 112b
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- [In connection to mental health, the Special Rapporteur recommends that Governments:] Develop a system of adolescent mental health services that is mainstreamed into the community-based infrastructure of health, education and social welfare sectors;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 101d
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- [The Special Rapporteur recommends that States:] Create or update national health-care plans to include strategies concerning the promotion of sport and physical activity and healthy lifestyles, as part of a health in all policies approach;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
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Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 101f (iii)
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- [The Special Rapporteur recommends that States:] Take steps to secure participation in sport for all and the adoption of healthy lifestyles through: Measures to facilitate or provide key/at-risk populations access to sporting goods, services, facilities and information;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
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Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 101e
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- [The Special Rapporteur recommends that States:] Create or update school-based physical education to ensure compliance with human rights standards;
- 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
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 102b
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- [The Special Rapporteur recommends that national human rights institutions, non-State actors and sporting bodies:] Reach consensus on policies allowing for unhindered participation in high-level competitive and amateur sport by transgender and intersex people (international sporting bodies);
- 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
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Right to health of adolescents 2016, para. 113c
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- [In connection to sexual and reproductive health rights, the Special Rapporteur recommends that Governments:] Ensure that sexual and reproductive health services are welcoming, adolescent-friendly, non-judgemental and guarantee privacy and confidentiality;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 98
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- The rights of both professional and amateur athletes, including children, must also be protected. Abuse, violence and discrimination occur too frequently within sport; States are obliged to take steps to prevent rights violations, and to provide adequate rehabilitation, redress and remedy.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Year
- 2016
- Date modified
- Feb 14, 2020
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Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 60
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- At the amateur level, sporting facilities and teams can be hostile spaces for transgender athletes, including non-binary people. Barriers include poorly designed changing rooms, requirements to wear clothing that might cause individual discomfort or hinder bodily movement, and restrictions on the use of sex-segregated bathrooms.
- 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
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 101j
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- [The Special Rapporteur recommends that States:] Ensure full participation of the individuals affected in the design and implementation of programmes concerning sport and physical activity;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
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Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 7
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- The present report primarily considers participation in sport and physical activity, and the right to health. Other lifestyle factors, such as the avoidance of unhealthy foods, are beyond the scope of the report, and will be discussed to the extent that they are connected to sport and healthy lifestyles.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 38
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- States should engage in participatory and transparent research, monitoring and evaluation in order to determine the strategies that most effectively foster full and equal participation in sport and the adoption of healthy lifestyles and improve the health of the populace.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Right to health of adolescents 2016, para. 113e
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- [In connection to sexual and reproductive health rights, the Special Rapporteur recommends that Governments:] Repeal laws criminalizing or otherwise discriminating against individuals on the basis of their sexual orientation or gender identity, and put an end to practices and treatments aimed at changing sexual orientation and gender identity.
- 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
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 6
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- Moreover, in 2004, the World Health Assembly endorsed the Global Strategy on Diet, Physical Activity and Health, of the World Health Organization (WHO), which outlines actions that must be taken by various actors to foster participation in physical activity.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
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Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 29
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- The provision of education is a State obligation under article 13 of the International Covenant on Economic, Social and Cultural Rights, which should include physical education. The right of the child to education is also recognized in article 28 of the Convention on the Rights of the Child. Physical education is not limited to people of school age, however; it is confirmed in the International Charter of Physical Education, Physical Activity and Sport that every human being has a right to physical education, and that physical education, activity and sport programmes must inspire lifelong participation. This is bolstered by other human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women which explicitly obliges States to provide women with the same opportunities to participate actively in physical education as men. Accordingly, all States should take steps to update school curricula and other relevant policies to ensure compatibility with the relevant human rights instruments and the International Charter of Physical Education, Physical Activity and Sport. States should also take steps to facilitate or provide access to physical education for people who are not enrolled in formal education.
- 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
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Men
- Women
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 31
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- States should implement measures to facilitate the use of sporting goods, services, information and facilities. This facilitation can be considered in terms of availability, accessibility, acceptability and quality, and may take the form of economic assistance, or direct interventions or training. Consultations carried out for the present report suggest that, where appropriate, a State might financially partner with private entities to build facilities, in order to improve availability in certain areas or regions. Or, where accessibility is constrained on financial grounds for certain members of the population, subsidized access to sporting goods, services and facilities should be considered. A State might achieve this by implementing a voucher system (Georgia) or by adopting a policy allowing free or low-cost access to group sport or classes (Israel). Other interesting examples include waiving taxation on sporting goods (Brunei) and implementing taxation exemptions for bicycle use (Finland). Finally, States may take steps to improve both the acceptability and the quality of existing resources, by training and sensitizing personnel at sporting facilities within its jurisdiction and by engaging the populations concerned in the design, monitoring and evaluation of sports-related policies, programmes and services.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Right to health of adolescents 2016, para. 113d
- Paragraph text
- [In connection to sexual and reproductive health rights, the Special Rapporteur recommends that Governments:] Guarantee the provision of age-appropriate, comprehensive and inclusive sexuality education, based on scientific evidence and human rights, as part of the school curriculum;
- 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
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 49
- Paragraph text
- Finally, States should take steps to fulfil the right to health of all children by ensuring safe access to sport and physical activity and physical education, and through provision of the goods, services, facilities and information necessary to enable all children's equitable participation.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 15
- Paragraph text
- In order to discharge these obligations that are accrued under the right to health, States should take varying actions depending on their particular state of development and availability of resources.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
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Right to health of adolescents 2016, para. 111g
- Paragraph text
- [In this connection, the Special Rapporteur recommends that Governments:] Ensure that adolescents' health-care and other service providers, including social workers and educators, do not obstruct access to health facilities, goods and services by addressing discriminatory and stigmatizing attitudes and behaviours through information and awareness-raising campaigns;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 54
- Paragraph text
- States should identify groups that are currently excluded from sport and physical activity, and through participatory mechanisms, create an inclusive culture wherein lesbian, gay, bisexual, transgender and intersex people and other historically excluded groups and individuals can fully and safely participate in sport.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Right to health of adolescents 2016, para. 114c
- Paragraph text
- [In connection to substance use and drug control, the Special Rapporteur recommends that Governments:] Use the right to health framework to pursue strategies to prevent drug use among adolescents through evidence-based interventions as well as accurate and objective educational programmes and information campaigns.
- 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
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Year
- 2016
- Date modified
- Feb 14, 2020
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