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Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 8
- Paragraph text
- Various criminal laws exist worldwide that make it an offence for individuals to engage in same-sex conduct, or penalize individuals for their sexual orientation or gender identity. For example, consensual same-sex conduct is a criminal offence in about 80 countries. Other laws also indirectly prohibit or suppress same-sex conduct, such as anti-debauchery statutes and prohibitions on sex work. Many States also regulate extra-marital sexual conduct through criminal or financial sanctions, which affects individuals who identify as heterosexual but intermittently engage in same-sex conduct. These laws also have a significant impact on individuals engaging in sexual conduct with members of the opposite sex outside of marriage, particularly women, although this is outside the scope of this report.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Women
- Year
- 2010
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 56
- Paragraph text
- The provision of comprehensive education and information on sexual and reproductive health is an essential component of the right to health and to the realization of other rights, such as the right to education and access to information. Criminal and other laws restricting access to comprehensive education and information on sexual and reproductive health are thus incompatible with the full realization of the right to health and should be removed by States (see E/C.12/2000/4, para. 11). Both women and men are adversely affected by these barriers. Women, however, are disproportionately impacted.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Men
- Women
- Year
- 2011
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 66
- Paragraph text
- Some countries have enacted laws that criminalize mother-to-child transmission explicitly (see paragraph 54 above) or implicitly due to overly broad drafting of the law. Where the right to access to appropriate health services (such as comprehensive prevention of mother-to-child transmission services and safe breastfeeding alternatives) is not ensured, women are simply unable to take necessary precautions to prevent transmission, which could place them at risk of criminal liability. In 2008, only 45 per cent of pregnant women living with HIV in sub-Saharan Africa and only 25 per cent in South and East Asia had access to prevention of mother-to-child transmission services.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2010
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 26
- Paragraph text
- The conditions under which unsafe abortions occur include: limited access to information, particularly concerning when and how legal abortions may be obtained; abortion induced by an unskilled provider in unhygienic conditions or by a health-care worker outside of appropriate facilities; abortion induced by the woman herself or a traditional medical practitioner through insertion of an object into the uterus, drinking of a hazardous substance or violent massage; and incorrectly prescribed medicine with no follow-up or further information provided. Criminalization of abortion creates and perpetuates these unsafe conditions. In more liberal regimes, women are able to legally seek service and treatment through professional health-care providers under safe and medically appropriate circumstances, including the use of medical abortion pills, which allow for safe, self-induced early abortions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 30
- Paragraph text
- Women are entitled to equal health protection afforded by the State as part of the right to health. Regardless of the legal status of abortion, women are entitled to receive access to goods, services and information related to sexual and reproductive health. In particular, they are entitled to have access to quality health services for the management of complications, including those arising from unsafe abortions and miscarriages. Such care must be unconditional even where the threat of criminal punishment is present, and it should not be contingent on a woman's cooperation in any subsequent criminal prosecution, or used as evidence in any proceeding against her or the abortion providers. Laws must not require health-care personnel to report women for abortion-related care to law enforcement or judicial authorities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 38
- Paragraph text
- In certain jurisdictions, pregnant women have been prosecuted for various types of conduct during pregnancy. A number of prosecutions have occurred in relation to the use of illicit drugs by pregnant woman, including under pre-existing laws relating to child abuse, attempted murder, manslaughter and criminally negligent homicide. Criminal laws have also been used to prosecute women for other conduct, including alcohol use during pregnancy, the birth of stillborn babies or the miscarriage of a foetus (see A/HRC/17/26/Add.2, para. 68), failing to follow a doctor's orders, failing to refrain from sexual intercourse, and concealment of the birth.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2011
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 8
- Paragraph text
- The Convention on the Rights of the Child provides for the protection of the right to health of young persons under the age of 18. Article 24 of the Convention affirms the right to health as established in the International Covenant on Economic, Social and Cultural Rights, which is especially relevant given the importance of sexual and reproductive health to the lives of young women and men. The Convention urges States to ensure prenatal and post-natal care for mothers, develop family planning education and services and ensure the elimination of traditional practices that are "prejudicial to the health of children".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Men
- Women
- Youth
- Year
- 2011
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 48
- Paragraph text
- Criminal laws and other legal restrictions that reduce or deny access to family planning goods and services, or certain modern contraceptive methods, such as emergency contraception, constitute a violation of the right to health. The Convention on the Elimination of All Forms of Discrimination against Women calls upon States to ensure access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning, as well as access to adequate health-care facilities, including information, counselling and services in family planning. In General Comment No. 14, the Committee on Economic, Social and Cultural Rights calls upon States to take measures to "improve child and maternal health, sexual and reproductive health services, including access to family planning … and access to information, as well as to resources necessary to act on that information" (see E/C.12/2000/4, para. 14).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Women
- Year
- 2011
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 49
- Paragraph text
- In chapter II, principle 8, of the Programme of Action of the International Conference on Population and Development confirms that States should take all appropriate measures to ensure, on a basis of equality of men and women, universal access to health-care services, including those related to reproductive health care, which includes family planning and sexual health. It also stresses the need for participation and notes that family planning programmes are most successful when women are fully involved in the design, provision, management and evaluation of services. It further adds that Governments should remove all unnecessary legal, medical, clinical and regulatory barriers to information and to access to family-planning services and methods. In paragraph 96, the Beijing Platform for Action declares that the human rights of women include their right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Men
- Women
- Year
- 2011
Paragraph
Report on expert consultation on access to medicines 2011, para. 44
- Paragraph text
- The right of everyone to the enjoyment of the highest attainable standard of health encompasses access to medical services and the underlying determinants of health, such as water, sanitation, non-discrimination and equality. As access to medicines is an integral and fundamental part of the right to health, Governments and the international community as a whole have a responsibility to provide access to medicines for all. Yet massive inequalities remain in access to medicines around the world, as up to 2 billion people (or one third of the world's population) lack access to essential medicines. Most of them live in low- and middle-income countries, where the needs of persons living in poverty, women, children and undocumented migrants, as well as other marginalized and vulnerable groups who are often discriminated against in terms of access to medicines, are ignored or underestimated.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Water & Sanitation
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2011
Paragraph
Health financing in the context of the right to health 2012, para. 52
- Paragraph text
- For example, the right to health requires that States take steps towards improving maternal health and reducing maternal mortality. However, owing to inadequate allocation of health funds and resources to rural and remote areas, maternal health-care services, trained maternal health-care workers and good quality health facilities are often unavailable in those areas. Women are thus unable to access maternal health-care services in their communities, and instead must travel considerable distances at significant costs to obtain care. As a result, women in rural and remote areas experience lower rates of live births attended by skilled health workers and significantly higher levels of maternal mortality and maternal morbidity than women in urban areas.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Right to health in conflict situations 2013, para. 35
- Paragraph text
- Due to the depletion of resources, exodus of doctors and health-care personnel and attacks on health-care workers, countries and areas in post-conflict situations may be dependent on international donors and initiatives by non-governmental and intergovernmental organizations for the reconstruction of their health systems. Such health initiatives can be used as a tool for peacebuilding. International aid agencies have used such strategies to break through ethnic divides, thereby increasing the availability and accessibility of health facilities, goods and services and reducing discrimination. To ensure acceptability and accessibility of health services, international aid providers should also be cognizant of the culture of countries and communities. For example, in some countries, provision of health services to pregnant women by male doctors may not be culturally acceptable and may thus impede accessibility.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- Women
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 33
- Paragraph text
- Furthermore, test results are passed on to employers or recruitment agencies without the migrant worker's consent, breaching the requirement of confidentiality and contrary to international recommendations. Additionally, pre- and post-test counselling protocols may not be followed, even when required by law. A right to health approach, however, requires that counselling, voluntary testing and treatment be treated as a health-care continuum. Migrant workers who test positive for HIV may remain in an irregular situation, making them more vulnerable to abuse by employers and less likely to access medical treatment. In cases of pregnancy, women may resort to risky illegal abortion to avoid deportation. Further, compulsory testing stigmatizes those who are deported based on positive test results.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 71
- Paragraph text
- Domestic and sexual violence, lack of redress for rights violations and lower wages than male counterparts reflect gender-based discrimination and aggravate its negative effects in the health-care setting and access to health care faced by migrant workers generally. Furthermore, gendered power imbalances and lack of access to health services, information and redress affects the ability of women, especially sex workers, to negotiate safe sex, which increases their vulnerability to HIV. Sending and receiving States should therefore address the compounded vulnerability of female migrant workers, particularly those with irregular status, in the development and implementation of evidence-based and participatory health policies and strategies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 33
- Paragraph text
- States have a core obligation to protect the right to health of vulnerable and marginalized groups. The present report focuses on three particular groups: children, because of their greater susceptibility to marketing; women, because gendered marketing perpetuates traditional and unequal gender roles; and low-income groups, because healthy food options are not readily available or accessible to them. Other individuals or communities may also face higher risks of diet-related NCDs due to race, gender, indigenous status or place of residence, as well as because of multiple or intersecting vulnerabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2014
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 56
- Paragraph text
- Experts recommend major changes in routine baby medical checks to detect and address social and emotional difficulties, which could be early signs of toxic stress, as a means of reducing many of society's most complex and costly medical issues, from heart disease to alcohol and drug abuse. In addition, some of the evidence-based health interventions that are included in the "zero draft" of the new global strategy for women's, children's and adolescents' health, such as nutrition counselling and "kangaroo" mother care for small babies, can be very useful in assisting main actors adopting a modern approach to health interventions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Adolescents
- Children
- Infants
- Women
- Year
- 2015
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 94
- Paragraph text
- To date, the approach to violence reduction has been fragmented, compartmentalizing different forms of violence. Importantly, many forms of violence continue to be tolerated within societies and even supported by States. For example, violence against women and children remains accepted in many societies as a cultural norm. The institutional care of young children, a clear act of violence against children, remains widespread in many countries. Around the world, many groups in vulnerable situations, including women, persons with disabilities, migrants and refugees, and lesbian, gay, bisexual, transgender and intersex persons, experience numerous forms of violence. Each example is also a violation of various human rights protected under international law, including the right to health.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- LGBTQI+
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2016
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 95
- Paragraph text
- A holistic approach to addressing violence is consistent with the aim of collectively implementing the Sustainable Development Goal targets on violence across the agenda. It is also consonant with the indivisible and interrelated nature of human rights. From a human rights and public health perspective, violence must be addressed comprehensively, including obligations to eliminate violence within health-care settings, to address how structural factors, such as laws and policies, institutionalize violence and to eliminate violence against women and children. The right to health also includes an entitlement to safe access to health care and to a safe environment. Importantly, children and adolescents have a right to be free from violence and to healthy development.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Violence
- Person(s) affected
- Adolescents
- Children
- Women
- Year
- 2016
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 53
- Paragraph text
- Moreover, sex segregation policies have led to multiple rights violations in sport. Sex segregation has historically been justified on the basis of safety and fairness, rooted in assumptions of male physical superiority. Various legal decisions have noted that this is a generalization and have granted individual girls and women the right to compete in male sporting competitions - although not vice versa. Although it is important to preserve spaces for girls and women to confidently participate in sport, this should not result in exclusion of others, such as transgender people.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 55
- Paragraph text
- Current and historic policies have resulted in intersex people - those born with sex characteristics that do not fit with typical binary sex categorization - experiencing multiple rights violations. Sex testing has frequently been conducted to avoid the apparent threat of "sex fraud" (participating under an assumed gender to obtain a competitive advantage). However, no single test "determines" gender. In the recent past, women athletes have undergone chromosomal testing, only to discover that they do not possess two X chromosomes. This has led to stigmatization and to spurious exclusion from competitive sport.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 56
- Paragraph text
- Recently, certain international and national sporting federations have instead introduced policies banning women with testosterone levels exceeding a certain threshold from participating in competitive sport. However, there is insufficient clinical evidence to establish that those women are afforded a "substantial performance advantage" warranting exclusion. Although currently suspended, following the interim judgement in Chand v. Athletics Federation of India and the International Association of Athletics Federations, these policies have led to women athletes being discriminated against and forced or coerced into "treatment" for hyperandrogenism. In fact, a number of athletes have undergone gonadectomy (removal of reproductive organs) and partial cliteroidectomy (a form of female genital mutilation) in the absence of symptoms or health issues warranting those procedures.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 57
- Paragraph text
- Sporting organizations must implement policies in accordance with human rights norms and refrain from introducing policies that force, coerce or otherwise pressure women athletes into undergoing unnecessary, irreversible and harmful medical procedures in order to participate as women in competitive sport. States should also adopt legislation incorporating international human rights standards to protect the rights of intersex persons at all levels of sport, given that they frequently report bullying and discriminatory behaviour, and should take steps to protect the health rights of intersex women in their jurisdiction from interference by third parties.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 71
- Paragraph text
- These attempts to control the behaviour of women through violence, and to dictate what an acceptable body image and acceptable activities are, represent clear violations of their human rights. States should take steps to protect the rights of female athletes, for example through the enforcement of criminal laws against perpetrators of violence and through the development of sensitization and education initiatives to combat negative images and attitudes around women's participation in exercise and sport.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Work of the mandate and priorities of the SR 2015, para. 105
- Paragraph text
- The human rights approach, together with the modern understanding of public health, warns against typifying violence into severe forms and those forms which are considered to be "milder" and thus perceived as not harmful. That can lead to the proliferation of practices which are justified as being "mild" forms of violence and thus tolerated or even recommended, such as domestic violence against women, female genital mutilation or the institutional care of young children.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Person(s) affected
- Children
- Women
- Youth
- Year
- 2015
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 19
- Paragraph text
- Securing the rights of women is crucial to improving health outcomes for both sexes. However, substantial underreporting of reproductive and sexual health problems is a serious challenge and probably arises for a variety of political, social, and cultural reasons. By generating a chilling effect on the open exchange of information and data collection, criminalization further exacerbates the underreporting of important health indicators. As a result, effectively addressing poor health outcomes is rendered impossible, and difficulties faced by the international community in meeting core development goals are compounded. Moreover, development indicators do not capture the full impact of criminalization because they only address specific quantifiable public health data and exclude deprivations of dignity and autonomy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 64
- Paragraph text
- States that implement and enforce criminal or other laws to restrict access to sexual and reproductive health information actively reduce access to information and therefore do not meet their obligation to respect the right to health. As a consequence of such laws and the stigma they generate, third parties, such as teachers, publishers, or booksellers may also deny women and girls access to necessary sexual and reproductive health materials. The obligation of States to fulfil the right to health requires that they develop strategies to ensure that comprehensive sexual and reproductive health education and information is provided to everyone, especially women and young girls.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Women
- Youth
- Year
- 2011
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 51
- Paragraph text
- For example, some States have criminalized the distribution and use of emergency contraception, justifying such laws with claims that emergency contraception is abortifacient. WHO, however, confirms that emergency contraception is a valid form of contraception. Women who carry an unplanned pregnancy to term as a result of such laws also might face adverse physical and mental health outcomes. At the same time, women who lack access to emergency contraception as a result of criminal prohibitions may ultimately be forced to seek clandestine abortions, thus exposing themselves to the associated health risks.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Women
- Year
- 2011
Paragraph
The realization of the right to health of older persons 2011, para. 29
- Paragraph text
- Older women are often more disadvantaged because they may suffer from a combination of both gender and age discrimination. Ageing women make up a significant proportion of the world's population, with the majority of older women living in developing countries. A number of life-course events adversely affect the health of women in older age, including discrimination against infant girls in the provision of food and care, barriers to education, low incomes and poorer access to decent work, care-giving responsibilities as mothers and wives, domestic violence (during childhood, adulthood and elder abuse), widowhood, and cultural traditions and attitudes towards health care. Lower incomes, disruptions to work due to family responsibilities, and discrimination in access to the labour force during women's working life mean that women often have less retirement savings and are therefore more financially vulnerable in older age.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- Older persons
- Women
- Year
- 2011
Paragraph
The realization of the right to health of older persons 2011, para. 19
- Paragraph text
- The right to the highest attainable standard of health is a fundamental human right, legally enshrined at the international, regional and national levels. The enjoyment of the right to health is recognized by numerous international human rights instruments, including those that have been created to protect the human rights of particular groups, such as children, women, persons with disabilities and those who are subject to discrimination on the basis of race (E/CN.4/2003/58, paras. 10-21). The most important formulation of the right to health is contained in article 12 of the International Covenant on Economic, Social and Cultural Rights, which provides the cornerstone protection of the right to health in international law.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2011
Paragraph
The realization of the right to health of older persons 2011, para. 20
- Paragraph text
- Internationally recognized human rights standards and principles as contained in core international human rights treaties cover and protect older persons. Despite this tacit protection, it has increasingly been argued that there is a gap in the international human rights system because there is currently no specific universal human rights instrument on the rights of older persons. Specific provisions focusing on older persons, such as those which exist for some other categories of vulnerable persons such as women, children, persons with disabilities, and migrant workers, are also lacking.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2011
Paragraph