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Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 52
- Paragraph text
- The criminalization of HIV transmission predominately takes two forms: first, laws specifically criminalizing transmission of HIV and, second, through the application of existing criminal law to cases involving exposure to or the transmission of HIV (such as assault). Such legislation has included, inter alia, the criminalization of exposure to HIV (including mother-to-child exposure), attempted transmission and failure to disclose HIV status to potential sexual partners. Certain statutes also mandate the imposition of harsher sentencing in cases involving sexual violence where HIV transmission has occurred, essentially treating HIV as an aggravating factor.
- Body
- Special Rapporteur on 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
- 2010
- Date added
- Aug 19, 2019
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.
- Body
- Special Rapporteur on 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
- Date added
- Aug 19, 2019
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 67
- Paragraph text
- In Sierra Leone, a person infected with HIV (and aware of the fact) must "take all reasonable measures and precautions to prevent the transmission of HIV to others and in the case of pregnant women, the foetus", with criminal sanctions imposed for failure to do so. It is unclear what "all reasonable measures and precautions" in the case of prevention of mother-to-child transmission would include, and whether such standards are clearly articulated and understood by health-care providers and pregnant women themselves to ensure that an informed decision can be made. Given the complexity of guidance on the suitability of breastfeeding, decisions on infant feeding options involve a complex balancing of risks and benefits, and require that the mother be provided with accurate, comprehensible information. In this instance, the criminal law has the potential to punish women for the inadequacy of the government in providing appropriate services and 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
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 6
- Paragraph text
- The right to sexual and reproductive health is an integral component of the right to health. The International Covenant on Economic, Social and Cultural Rights emphasizes aspects of the right to sexual and reproductive health in article 12.2 (a). General Comment No. 14 of the Committee on Economic, Social and Cultural Rights states that the right to health includes measures to improve child and maternal health, sexual and reproductive health services, including access to family planning, prenatal and post-natal care, emergency obstetric services and access to information, as well as to resources necessary to act on that information (E/C.2/2000/4, para. 14). Moreover, it notes that women's right to health requires the removal of all barriers interfering with access to health services, education and information, including in the area of sexual and reproductive health (ibid., para. 21). The recommendations of the Committee have consistently supported that 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
- Children
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 7
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women requires States to take action to ensure that women are afforded broad equality in, inter alia, education, employment and access to health care. The Convention specifically provides for a proper understanding of maternity as a social function, access to family planning information, and the elimination of discrimination against women in marriage and family relations. Furthermore, article 16.1 (e) mandates that women be provided the same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise those 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
- Children
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
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".
- Body
- Special Rapporteur on 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
- Date added
- Aug 19, 2019
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.
- Body
- Special Rapporteur on 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
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 39
- Paragraph text
- In some instances, civil legislation related to child welfare has been expanded to include punitive sanctions for prenatal drug exposure, where such exposure may provide a ground for the termination of parental rights and the removal of the child upon birth. A pregnant woman's positive toxicology report or clinical signs of drug exposure in newborns, may be regarded as proof of child abuse or neglect under these legislative schemes. In some jurisdictions, health professionals are required to test pregnant women or newborns for drug exposure or may do so provided the woman is given notice. Others have enacted legislation authorizing the institutionalization of women who have used drugs during pregnancy. Health professionals may also be obliged to report positive drug-screening results to the Government.
- Body
- Special Rapporteur on 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
- Infants
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 44
- Paragraph text
- WHO defines family planning as a process that allows people to attain their desired number of children and determine the spacing of pregnancies which is achieved through use of contraceptive methods and the treatment of infertility. Use of family planning methods is an integral component of the right to health. Contraception is a method of fertility control by which family planning is affected. Some forms can also be used for the prevention of sexually transmitted infections, primarily through physical barrier methods of contraception such as condoms. Various other forms of contraception exist, ranging from surgical sterilization to pharmaceutical methods, such as the oral contraceptive pill, which do not protect against 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)
- Health
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 45
- Paragraph text
- Family planning empowers women to make autonomous and informed choices about their sexual and reproductive health. It reduces maternal mortality by delaying pregnancies in young women who would otherwise face an increased risk of health problems and death from early childbearing. Evidence shows that access to voluntary family planning can reduce maternal deaths by between 25 and 40 per cent. Family planning also reduces the number of unsafe abortions and the perinatal transmission of HIV. Condom use not only results in lower incidences of sexually transmitted infections but, when used correctly and consistently, male condoms are 98 per cent effective toward preventing pregnancy.
- Body
- Special Rapporteur on 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
- Children
- Families
- Women
- Youth
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 46
- Paragraph text
- The global unmet need for family planning remains a significant barrier to achieving rights-related and development goals. WHO estimates that 200 million couples in developing countries would like to delay or stop childbearing but are not using any method of contraception. In 2009, 24 per cent of women of reproductive age in the least developed countries, who were married or in a union, reported not wanting any more children or wanting to delay the birth of their next child. Reasons for the global unmet need included limited access to contraception; limited choice of contraceptive methods; fear or experience of side-effects; cultural or religious opposition; poor quality of available services; and gender-based barriers.
- Body
- Special Rapporteur on 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
- Person(s) affected
- Children
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
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).
- Body
- Special Rapporteur on 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
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 9
- Paragraph text
- In 1987, the landmark study by the United Nations Children's Fund (UNICEF) "Adjustment with a Human Face" spurred global debate on the negative social impacts, including on health, of structural adjustment programmes prescribed by the international financial institutions as a means to achieve economic development. Three years later, in 1990, the United Nations Development Programme (UNDP) published the first Human Development Report. Alongside the report, UNDP created the Human Development Index, a summary measure of various human development indicators, such as maternal mortality, childhood education, gender disparities, poverty, etc. The index and report represented a major progression in development theory, which aimed to "[put] people back at the center of the development process" by going beyond income to assess people's long-term well-being. This broader and holistic reconceptualization of development has been increasingly favoured and has facilitated efforts to recognize and incorporate human rights in development 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)
- Economic Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
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.
- Body
- Special Rapporteur on 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
- Date added
- Aug 19, 2019
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.
- Body
- Special Rapporteur on 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
- Date added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 46
- Paragraph text
- The right to health approach requires 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. In all allocative decisions, special attention must be paid to the needs of vulnerable or marginalized groups, including, among others, ethnic, racial, religious and sexual minority groups, women, children and the poor. Better overall health outcomes and more effective health systems result from eliminating inequalities in access to health facilities, goods and services. States should therefore allocate health funds and resources to ensure that good quality health facilities, goods and services are financially accessible for the poor, physically accessible for rural and remote populations, and responsive to primary health-care needs for all, rather than specialized care for the few.
- Body
- Special Rapporteur on 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 added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 51
- Paragraph text
- In order to achieve equitable health outcomes and full realization of the right to health, States must allocate health funds and resources towards ensuring that good quality health facilities, goods and services are available and easily accessible for rural and remote populations. Populations in rural and remote areas have poorer health than their urban counterparts globally. Many otherwise preventable and treatable illnesses are prevalent in rural and remote areas, infant and maternal mortality rates are higher than in urban areas, and children experience higher levels of malnutrition. Moreover, people in rural and remote areas often have to travel significant and difficult distances and spend large sums of money in order to access health care, which is often not available in their communities owing to a lack of investment in physical health infrastructure in rural and remote 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
- Health
- Person(s) affected
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 48
- Paragraph text
- In many respects, women are particularly vulnerable to negative health impacts resulting from conditions of work. The majority of women who work are employed in the informal sector, particularly in the lowest paid, lowest skilled jobs, where they are more likely to be exposed to hazardous working conditions. Women are on average paid less than men for the same work, and are more likely to experience violence and harassment in the workplace. Further, many occupational exposures are hazardous to reproductive organs, having serious implications for the sexual and reproductive health of female workers. For example, women of childbearing age, as well as pregnant women working in agriculture, are exposed to highly hazardous pesticides that risk not only their health but also the health of their children. Children born with congenital disorders due to in utero exposure to toxic chemicals endure disabilities for life. These problems are compounded by the fact that work-related diseases affecting women are often underdiagnosed and undercompensated as compared to men.
- Body
- Special Rapporteur on 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
- Children
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 29
- Paragraph text
- Such attacks not only violate the right to health of people affected by conflict, including people involved in the conflict, but may also cripple the health-care system as a whole. Insecurity, stemming from the targeting of health-care workers by either the State forces or non-State groups, may result in health-care professionals fleeing, creating a dearth of trained medical professionals in these regions. This may result in the increase of preventable health problems such as maternal health and child mortality and morbidity, besides the morbidity caused by conflict itself.
- Body
- Special Rapporteur on 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
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 1
- Paragraph text
- Conflicts pose immense challenges to the realization of the right to health. Some 1.5 billion people currently live in conflict-affected areas or fragile States, which face levels of child mortality and malnutrition twice as high as countries that are not affected by conflict, have poverty levels that are 21 per cent higher, and are furthest away from achieving the Millennium Development Goals. Conflict affects health not only through direct violence, but also through the breakdown of social structures and health systems, and lack of availability of underlying determinants of health. This leads to a high incidence of preventable and treatable conditions including malaria, diarrhoea, pneumonia and malnutrition. These health effects often persist well after the end of active hostilities, and negatively impact health indicators for years thereafter. Addressing the right to health in conflict and post-conflict situations is therefore imperative to realizing the right to health 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
- Humanitarian
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 8
- Paragraph text
- The right to health framework comprises a range of socioeconomic aspects, termed as underlying determinants such as nutritious food, potable water, housing, a functioning health system and situations of violence and conflict. Conflict has negative repercussions on other underlying determinants, as it can result in a breakdown in systems and infrastructures, including health systems. Conflicts can also result in worsening public health conditions due to physical injuries, poor mental health, an increase in malnutrition, particularly among children, and outbreaks of communicable diseases.
- Body
- Special Rapporteur on 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 37
- Paragraph text
- States should give particular attention to persons rendered vulnerable by conflict, such as women, children, older persons, people with disabilities and displaced communities. This requires States to address marginalization arising from social, political and economic exclusion; discrimination against persons belonging to or perceived to belong to a specific community; vulnerability due to ill-health; and conflict strategies that deliberately render certain communities vulnerable. These factors, individually or in combination, may expose certain groups to multiple vulnerabilities and an increased risk of violation of their right to health. Recognizing the diverse vulnerabilities in different communities and empowering them to participate in all decision-making processes that affect their health enable States to fulfil their obligation under the right to health during conflict and also promotes a sustainable recovery from 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
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 40
- Paragraph text
- The health needs of certain groups are often overlooked in conflict due to limited or suspended services. Older persons are more at risk in conflict due to poor mobility and are less able to travel to health facilities. They may be unable to carry heavy packages of food or containers of water, and often live without family support, which renders them vulnerable to higher levels of malnutrition and disease. Similarly, persons with disabilities, often abandoned by families fleeing conflict, may face greater health and safety risks. Many facilities are unable to provide children with disabilities with the treatment and care suited to their physical developmental needs, hampering their ability to enjoy their 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
- Humanitarian
- Person(s) affected
- Children
- Families
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 48
- Paragraph text
- Conflict may also result in children adopting new roles and responsibilities, which may increase their vulnerability to sexual violence and exploitation. Health facilities in conflict often lack child-appropriate services for survivors of sexual violence, particularly for boys. Exposure to sexual violence increases the risk of further violations for girls. For example, marriage to the perpetrator is often seen as a means of "protecting a girl's honour". However, forcing survivors of sexual violence to marry their attackers re-victimizes them and results in the legitimization of the actions of the perpetrator and social acceptance of sexual violence (see A/66/657-S/2012/33).
- Body
- Special Rapporteur on 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
- Boys
- Children
- Girls
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 75
- Paragraph text
- For women who carry a pregnancy to term in receiving States, difficulty accessing obstetric, pre- and post-natal and maternal health-care services and information may result in adverse health outcomes for both the woman and child, including premature birth, low birth weight, congenital malformation and perinatal, infant and maternal mortality. In contrast, it has been found that policies promoting social integration of the migrant community reduce unfavourable pregnancy-related outcomes for migrant women. Extending the 14-weeks maternity leave required under the Maternity Protection Convention or the maternity leave granted to nationals to women migrant workers would assist in making pregnancy-related health care and services accessible and in accordance with 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
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 23
- Paragraph text
- To address the issue of aggressive marketing, some States have supported self-regulation and have allowed food companies to voluntarily regulate their practices related to marketing and nutritional content of unhealthy foods to children. Companies often voluntarily adopt self-formulated guidelines and standards to restrict Government regulation and respond public demands. They have also taken joint initiatives and formulated guidelines for member companies to restrict advertising and promoting practices with respect to children. However, self-regulation by companies has not had any significant effect on altering food marketing strategies. Due to a variety of reasons, such as the non-binding nature of such self-regulation, lack of benchmarks and transparency, inconsistent definition of children and different nutrition criteria, companies may be able to circumvent guidelines, blunting the intended effect of marketing guidelines they instituted.
- Body
- Special Rapporteur on 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
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 25
- Paragraph text
- Owing to the inherent problems associated with self-regulation and public-private partnerships, there is a need for States to adopt laws that prevent companies from using insidious marketing strategies. The responsibility to protect the enjoyment of the right to health warrants State intervention in situations when third parties, such as food companies, use their position to influence dietary habits by directly or indirectly encouraging unhealthy diets, which negatively affect people's health. Therefore, States have a positive duty to regulate unhealthy food advertising and the promotion strategies of food companies. Under the right to health, States are especially required to protect vulnerable groups such as children from violations of their right to health. To reduce opportunities for targeted advertisements, some States have instituted laws to ban companies from advertising their products to children below a certain age and to limit the availability of unhealthy foods in schools.
- Body
- Special Rapporteur on 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
- Year
- 2014
- Date added
- Aug 19, 2019
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.
- Body
- Special Rapporteur on 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
- Date added
- Aug 19, 2019
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 35
- Paragraph text
- Children are particularly vulnerable to diet-related NCDs either because they may be dependent on others, such as parents or schools, for food, or because they are more susceptible to marketing pressures. In addition, unhealthy childhood diets can have severe health consequences later in life because of the early formation of eating habits and preferences and also because childhood NCDs are likely to persist into adulthood. Addressing unhealthy diets as a risk factor for NCDs in children can bring substantial health gains and reduce the burden of health-care expenditure over their entire life cycle.
- Body
- Special Rapporteur on 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
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 36
- Paragraph text
- In addition to marketing of unhealthy food targeted at children, including through toy giveaways, competitions, social media, cartoon characters, games, television, movies, interactive websites and in youth-oriented settings such as schools and recreation centres, parents are also often targeted by such pervasive marketing. This is done to encourage parents to buy unhealthy foods for their children. In many cases, the food industry's marketing to children and their parents may be disproportionately aimed at particular racial, ethnic or socioeconomic groups, exacerbating health inequities faced by those 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
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Families
- Youth
- Year
- 2014
- Date added
- Aug 19, 2019
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