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The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 10
- Paragraph text
- A number of United Nations bodies enforce the three drug control treaties and are required to promote and protect human rights, as identified in Articles 1 and 55 of the Charter of the United Nations. When the goals and approaches of the international drug control regime and international human rights regime conflict, it is clear that human rights obligations should prevail. The General Assembly has consistently adopted resolutions declaring that international drug control must be carried out in conformity with the Charter, and "with full respect for human rights" (see resolutions 62/176 and 63/197).
- Body
- Special Rapporteur on 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 added
- Aug 19, 2019
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 13
- Paragraph text
- Although the drug control bodies rarely have engaged in constructive human rights-related discussions in the past, recently there has been a welcome shift towards incorporating human rights-based approaches into their work. UNODC has examined ways in which drug control can be synchronized better with the protection of human rights, and the President of the International Narcotics Control Board recently met informally for the first time with civil society representatives. The Commission on Narcotic Drugs also adopted a resolution concerning the promotion of human rights in implementing the international drug control treaties, and has considered the issues of HIV/AIDS and access to medicines in other resolutions. Nevertheless, it is clear that significantly more must be done to make human rights central to drug 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
- Person(s) affected
- N.A.
- 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. 51
- Paragraph text
- The Special Rapporteur notes that the criminalization of HIV transmission has formed a part of the global response to the HIV/AIDS crisis since its inception. Unfortunately, the public health goals of legal sanctions are not realized by criminalization. In fact, they are often undermined by it, as is the realization of the right to health. The criminalization of HIV/AIDS transmission also infringes on many other human rights, such as the rights to privacy, to be free from discrimination and to equality, which in turn impacts upon the realization of the right to health. The criminalization of HIV transmission, or behaviours around transmission, is generally recognized as counterproductive, and should be reconsidered in the context of any comprehensive HIV/AIDS response 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)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- 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. 72
- Paragraph text
- The Special Rapporteur emphasizes that any domestic legislation concerning HIV transmission should be based on a right-to-health approach; that is, States must comply with their obligations to respect, protect and fulfil the right to health through the enactment of such legislation. Most relevantly, the obligation to protect requires States to take measures to protect all vulnerable or marginalized groups of society, and the obligation to fulfil similarly requires steps to assist individuals and communities to enjoy the right to health - particularly those who are unable to realize the right themselves.
- Body
- Special Rapporteur on 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 65f
- 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:] Formulate policies to ensure that existing criminal laws, such as those concerning pornography, are not applied to restrict access to, or punish those who provide, evidence-based sexual and reproductive health information 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 65m
- 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 conscientious objection exemptions are well-defined in scope and well-regulated in use and that referrals and alternative services are available in cases where the objection is raised by a service provider;
- Body
- Special Rapporteur on 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 7
- Paragraph text
- The relationship between development and human rights has undergone numerous changes over the past five to six decades. While each began as, and largely remains, an independent approach to addressing problems of human welfare, there has been an inexorable shift within the development sphere of late towards a more humanistic model of advancement and the recognition that health has an impact on economic development. This has necessarily come to include human rights, although the form in which human rights-based concepts and approaches are incorporated has varied, and there have been differing levels of acceptance of such concepts within the development sphere.
- Body
- Special Rapporteur on 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 8
- Paragraph text
- Earlier, narrower conceptions of development largely focused on indicators such as growth in GNP, rise in personal incomes, industrialization, technological advance, or social modernization. This left little room for the inclusion of human rights, despite the fact that the overall aim of development was the improvement of the human condition, and in that respect development and human rights have always intersected. Significant evolution occurred in the 1980s to 1990s, alongside acknowledgement of the right to development as a stand-alone right, as will be discussed in Section III. Over this time, growing acceptance of human rights discourse within the development community took place. In particular, the human development, or "capabilities" approach to development pioneered by Amartya Sen and Martha Nussbaum appeared against the backdrop of the relative backlash against purely economic models of development that previously dominated this arena.
- Body
- Special Rapporteur on 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 10
- Paragraph text
- The evolved concept of development, which underwrites the MDGs and the contemporary development paradigm, represents a significant departure from these earlier views, making more evident the close overlap between development and human rights. This close interrelationship between development and human rights is clearly spelled out in the 2000 Millennium Declaration and was underlined at the 2010 High-level Plenary Meeting of the United Nations General Assembly on the MDGs. As the outcome document states, respect for and promotion and protection of human rights is an integral part of effective work towards achieving the Millennium 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 13
- Paragraph text
- In other words, the new conception of development recognizes that the realization of human rights, including the right to health, is a central aspect of development itself. This connection has been elaborated in many forums, including the United Nations: the centrality of human rights in poverty reduction has been well recognized, and elaborated through a conceptual framework and guidelines on human rights and poverty reduction. However, as previously discussed, health is also implicated in many other conceptions of development besides that involving poverty reduction, and it is this centrality of health to all aspects of development which makes it essential that a right to health approach be used in all development programmes and policies which seek to address 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 17
- Paragraph text
- Comprehensive incorporation of human rights into development work necessitates changes in the practical approach taken to development work itself. The advancement of human rights through development work - as opposed to simply avoiding rights violations - is an important step, and one which largely remains a work in progress. The adoption of a right to health framework, in respect of health, and of human rights-based approaches more generally is one method by which genuine synchronicity can be achieved in respect of health-related development work and 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 20
- Paragraph text
- In respect of human rights more broadly, it has been noted that there was historically a lack of clarity concerning the content of human rights-based approaches. This was mitigated by the Common Understanding agreed upon by United Nations agencies in 2003. This document represents the achievement of conceptual consensus; however, it lacks detail and has been difficult to operationalize. United Nations agencies have employed the Common Understanding in inconsistent ways, and, outside the United Nations system, the definitions and uptake of human rights-based approaches vary even more widely. However, common elements can still be distilled from most approaches taken, and can be used to inform implementation of a right to health approach to 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 23
- Paragraph text
- In practical terms, this approach does not simply require that the goals and outcomes of development are loosely aligned with those of human rights. More is necessary; in particular, it is vital that the processes around development and implementation of programming adopt a human rights-based approach, as will be discussed further. Similarly, use of human rights in development requires the use of good programming practices, but adoption of such practices in and of itself does not constitute adoption of a right to health, or human rights-based approach. For instance, use of monitoring and evaluation is not uncommon in development practice, and yet its inclusion does not constitute use of a human rights-based approach without an attendant careful analysis of both the rights and duties of the parties involved in the programme, and an examination of their capacity to claim their rights and fulfill their obligations, respectively.
- Body
- Special Rapporteur on 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 24
- Paragraph text
- The actual content of a right to health approach as applied to development programming may vary in individual circumstances, and the Special Rapporteur believes that adaptation and flexibility are necessary depending on the nature of the development initiatives undertaken, the context, and so forth. However, in the Special Rapporteur's opinion, adoption of a right to health approach should at least require: (1) the clear and explicit placement of human rights at the centre of health-related programming strategies, and (2) inclusion of some or all of the core elements of a right to health approach in a methodical manner. The framework should be considered in its entirety, and if elements of the framework are not adopted, it should be clear that their inclusion has at least been considered, rather than individual elements being cherry-picked in an ad-hoc manner. Operationalization of a rights-based approach to health should also reflect the Common Understanding.
- Body
- Special Rapporteur on 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 29
- Paragraph text
- The right to development is a right of individuals and of peoples. It is distinguishable from the right to health in this respect, which is more related to the individual citizen's relationship with the State. Nevertheless, overlap exists. General comment No. 14 of CESCR confirms that the right to health, as outlined in Article 12 of the ICESCR, has both collective and individual dimensions, and that collective rights are critical in the field of health, as modern public health policy relies heavily on prevention and promotion, approaches directed primarily towards groups. Similarly, both the right to health and the right to development underline the imperative of ensuring transparency, equality, participation, accountability and 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
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 32
- Paragraph text
- Moreover, the right to development focuses specifically on the duty of States to act jointly towards the realization of human rights. While the obligation of international cooperation is also recognized under ICESCR and other human rights treaties, this aspect of both rights can be more comprehensively addressed through use of the right to development. In this regard, the high-level task force on the implementation of the right to development (HTF) developed a set of criteria for the evaluation of global partnerships (Millennium Development Goal 8). The criteria were developed around three attributes of the right to development: comprehensive and human-centred development policy; participatory human rights processes; and social justice in development. They include a number of sub-criteria and indicators, several of which relate to the right to health. In developing and testing these criteria, the Task Force inter alia examined partnerships relating to access to medicines and the fight against AIDS, tuberculosis and malaria.
- Body
- Special Rapporteur on 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 33
- Paragraph text
- The right to health can help operationalize the right to development. The right to development is not contained in a legally binding instrument at the international level, and thus, although it draws its foundations from binding human rights treaties, it is not directly enforceable in most countries. However, the Special Rapporteur notes that, in a recent landmark ruling, the African Commission determined that a State had violated the right to development enshrined in article 22 of the African Charter on Human and Peoples' Rights. In this respect, the right to health may provide support in achieving development goals through judicial enforcement where the right to development currently lacks the legal tools to do so. Along with addressing longer-term, underlying determinants relating to development outcomes, narrower interventions should simultaneously be pursued to address immediate rights infringements that impact on 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 49
- Paragraph text
- One key benefit of integrating human rights into development is the way it re-frames development, presenting its constituent components as entitlements and embracing the indivisibility and equal importance of all human rights. This has also been described as a creation of "claims and not charity". In redefining the nature of the problem through incorporation of human rights, and the right to health framework in particular, a shift occurs to a more self-sustaining approach that imbues the former targets of development with genuine agency, and allows for realization of rights previously considered secondary, or less realizable. Member States of the United Nations have directly observed the value added by human rights in respect of development, noting, for instance, that development efforts "had become more systematic and meaningful, contributing to the enhancement of human dignity by encouraging people to become active participants in the development process".
- Body
- Special Rapporteur on 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 50
- Paragraph text
- Another benefit which human rights bring to development is guidance concerning the design and practical implementation of development programmes. For instance, one of the core requirements of a human rights-based approach is the requirement that processes are guided by human rights principles, as stated in the Common Understanding. For example, an increase in the number of people undergoing HIV testing may be a good outcome, but if achieved through coercive testing rather than a voluntary campaign, it is clear that human rights have failed to be integrated into the strategy. Moreover, simply achieving a positive result in a given field, such as health, will not automatically promote respect for the corresponding right, and thus imbue rights-holders and duty-bearers with a long-term "guarantee [or] set of structural claims". Put simply, more needs to be done to ensure that long-term realization of rights occurs as a result of any development interventions. In respect of health, this is best achieved through undertaking the process of identifying the relevant human rights laws, norms and standards that apply, as part of the right to health framework, and continuing on to identify rights-holders and duty-bearers in that context. It has been noted that the "quality, legitimacy and sustainability" of outcomes depend on the process used to achieve them, and human rights may help secure those desirable elements, as well as addressing structural problems that ultimately perpetuate the very conditions that development programming seeks to address.
- Body
- Special Rapporteur on 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 53
- Paragraph text
- Harmonizing the practical and operational aspects of human rights and development without compromising the essential values and philosophies of both domains is a challenge. Divergence stems from a number of factors, including practical disciplinary differences; development is largely the domain of economists and human rights that of lawyers and advocates. Additionally, there exists the long-standing contention that human rights are more prescriptive than operational, while development projects have focused on implementation and are more programmatic in nature.
- Body
- Special Rapporteur on 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 54
- Paragraph text
- These issues are partly addressed by the work of actors such as the Office of the High Commissioner for Human Rights (OHCHR), which developed, at the request of the human rights treaty bodies, a framework for indicators to monitor compliance with international human rights instruments, which takes into account the various ways in which human rights relate to development. The framework establishes three sets of indicators: structural, process, and outcome, and a list of illustrative indicators on the right to health have been developed. However, monitoring and evaluation of human rights-related issues in the development field has thus far been largely limited to outcome indicators. This raises some key concerns with respect to the way indicators are used in development and their impact on 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 55
- Paragraph text
- Effective monitoring and evaluation is a core component of any human rights-based approach, and like other phases of the programming process it should be guided by human rights principles. Moreover, rights-based approaches, including those concerning the right to health, require transparency and accountability in decision-making processes, actions or omissions, for which effective monitoring and evaluation are necessary requirements. However, monitoring and evaluation must be undertaken carefully, to avoid the potential pitfalls associated with a "culture of evaluation", wherein an overreliance on the use of easily quantifiable data and evidence-based evaluation practices can lead to neglect or disregard of development strategies whose effects are more difficult to quantify: for instance, those relating to capacity-building.
- Body
- Special Rapporteur on 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 57
- Paragraph text
- Thus, overreliance on easily quantifiable data threatens to erode the core concept of the realization of human rights as ends in and of themselves. The instrumental value of the incorporation of human rights into development practice must not overshadow the proper understanding of human rights as constitutive components of human development. The United Nations Secretary-General Ban Ki-Moon has noted that the MDGs "embody basic human rights," including the right to health. An understanding of the intrinsic value of human rights and the promotion of human dignity as a necessary end of development must not be sacrificed in order to facilitate data-intensive evaluation.
- Body
- Special Rapporteur on 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 58
- Paragraph text
- Nevertheless, these concerns and challenges do not detract from the potential for human rights, and specifically the right to health, to provide a set of norms for development to reorient itself further in a more "human-centric" manner, drawing on legal and institutional frameworks that are crucial to human rights. They have potential not just to "add value", but to achieve the core goals of development itself, as it has been most recently conceived in terms of the right to development and of human development as reflected in the MDGs. In this way development and human rights function symbiotically, as achieving gains in development through methods which utilize human rights will also achieve realization of 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 8
- Paragraph text
- The obligation to prioritize funding or health in State budgets is closely linked to the principle of progressive realization, which establishes a specific and continuing obligation for States to move as expeditiously and effectively as possible towards the full realization of the right to health of all persons, without discrimination and taking into account constraints due to the limits of available resources (General Comment No. 14, paras. 30 and 31, and General Comment No. 3, para. 9). In order to facilitate progressive realization of the right to health for all persons, States should make use of the maximum available funds and resources to realize the right to health, which requires successfully raising funds and ensuring that they are allocated to health through budget prioritization. States unwilling to utilize the maximum of their available resources towards realization of the right to health are in violation of their obligations under the right (General Comment No. 14, para. 47).
- Body
- Special Rapporteur on 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 16
- Paragraph text
- The right to health approach to health financing requires that taxation to fund health be levied progressively in order to ensure equitable revenue generation. Progressive taxation requires taxpayers to contribute according to their ability to pay. For example, progressive income taxation requires wealthy taxpayers to contribute a higher percentage of their income than poorer taxpayers. In contrast, regressive taxation involves greater proportional contributions from those with less financial resources than from wealthier taxpayers. Regressive taxation is thus an inequitable financing mechanism for health and not 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 19
- Paragraph text
- International tax competition has proliferated as a result of globalization and the increasing mobility of capital and its corresponding elasticity in response to taxation. Tax competition triggers a race to the bottom, wherein States attempt to attract foreign direct investment through tax incentives and other tax abatements for foreign investors and low or non-existent trade and capital gains taxes. Tax competition reduces tax revenue in developing States and weakens their ability to raise sufficient funds to finance health. In some developing countries, revenue lost from tax incentives amounted to nearly twice the budget for health. High-income States have also experienced diminished tax revenue from taxation of capital income as a result of tax liberalization in developing States. Multinational corporations have shifted their assets offshore to take advantage of tax havens and engaged in transfer pricing in order to claim profits in low-tax jurisdictions and avoid paying higher taxes in the States in which they are domiciled.
- Body
- Special Rapporteur on 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 20
- Paragraph text
- States should ensure that tax liberalization policies resulting from international tax competition do not result in reduced public funding for health. However, lower tax revenue and diminished tax bases resulting from tax abatements for foreign investors and low or non-existent trade and capital gains taxes are likely to weaken States' ability to raise adequate funds for health, as required by the right to health. States and international financial institutions should therefore avoid promoting tax competition through free-trade agreements, investment treaties and conditional lending if such instruments and policies threaten to reduce the availability of tax-based funding for health in developing 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 22
- Paragraph text
- Under the right to health, States have an obligation to cooperate internationally towards ensuring the availability of sustainable international funding for health. International assistance is among the main sources of funding for health in many developing States. Many of these States lack sufficient health funds and resources to meet domestic health needs and thus depend heavily upon international assistance. Moreover, given the level and rate of development in some low-income States, they will be unable to raise adequate funds domestically to meet domestic health needs in the near future. Realization of the right to health in the developing world is thus also dependent upon the availability of sustainable international funding for health, which should ultimately be realized through an obligatory, treaty-based regime founded upon the principle of global solidarity.
- Body
- Special Rapporteur on 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 added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 23
- Paragraph text
- Existing international funding practices present a number of problems. Donor States, multilateral donor institutions, international financial institutions and other funders continue to engage in practices that undermine full realization of the right to health. In many instances, funders fail to focus their activities on the health needs of recipient States and direct assistance towards health systems development, inadequately incorporate the inputs of affected communities in their activities, and attach conditionalities to the receipt of funding for 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph