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Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 74
- Paragraph text
- The Special Rapporteur recommends that States ratify the Optional Protocols to the International Covenant on Economic, Social and Cultural Rights and to the Convention on the Rights of the Child on a communications procedure, thereby recognizing the competence of the respective committees to consider individual communications with a view to ensuring the availability of an international adjudicatory mechanism for individuals whose right to health has been violated. The Special Rapporteur further recommends that States recognize the competence of the Committee on Economic, Social and Cultural Rights to receive and consider inter-State communications.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 87
- Paragraph text
- The urgent need for a shift in approach should prioritize policy innovation at the population level, targeting social determinants and abandon the predominant medical model that seeks to cure individuals by targeting “disorders”.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 54
- Paragraph text
- International investment agreements may provide for exceptions that can be used by States to defend laws in the public interest, such as public health laws. Even where international investment agreements contain such exceptions, however, investor rights may trump them. After Uruguay had entered into a bilateral investment treaty with Switzerland, it adopted public health measures on the packaging and advertisement of cigarettes, in accordance with local laws, which were enacted pursuant to the World Health Organization Framework Convention on Tobacco Control. Although those measures accorded with the public health exception in the bilateral investment treaty, Phillip Morris International initiated a dispute against Uruguay, claiming that its law was unreasonable and breached the guarantee of fair and equitable treatment.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 47
- Paragraph text
- Discrimination, de jure and de facto, continues to influence mental health services, depriving users of a variety of rights, including the rights to refuse treatment, to legal capacity and to privacy, and other civil and political rights. The role of psychiatry and other mental health professions is particularly important and measures are needed to ensure that their professional practices do not perpetuate stigma and discrimination.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 102a
- Paragraph text
- [The Special Rapporteur recommends that national human rights institutions, non-State actors and sporting bodies:] Periodically and independently monitor and promote realization of the right to health in the context of sport and physical activity (national human rights institutions and civil society);
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 101c
- Paragraph text
- [The Special Rapporteur recommends that States:] Create or enforce national human rights protection mechanisms applicable to amateur and professional athletes, ensuring access to justice and redress in the event of rights violations;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 18
- Paragraph text
- Finally, States should refrain from interfering with athletes' health rights by means of laws, policies or programmes involving forced or coercive medical treatments or experimentation, such as doping, conducted in order to enhance sporting ability among athletes.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 84
- Paragraph text
- Such costs often have a significant and disproportionate impact on the poor, who pay a considerably larger portion of their total income on health. In turn, they drive many households into poverty or deepen the poverty of those already poor. Such fees could bar those without the means to pay from receiving needed care, as well as discourage people from seeking care in the first place.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Poverty
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Work of the mandate and priorities of the SR 2015, para. 88
- Paragraph text
- In line with the life-cycle approach, the Special Rapporteur will dedicate his next thematic report to the challenges to, opportunities for and best practices in promoting the right to health in early childhood. He will analyse two interdependent and indivisible rights directly related to the right to health: the right to survival and the right to development during first five years of life.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Work of the mandate and priorities of the SR 2015, para. 81
- Paragraph text
- However, after more than a decade since the publication of the landmark World Health Report 2001, mental health remains hostage to outdated attitudes and inadequate services. Studies show that, in many instances, there is either no access to mental health services at all, or those services are stigmatizing and violate human rights.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 112f
- Paragraph text
- [In this connection, the Special Rapporteur urges Governments:] To promote the development and practical application of appropriate indicators and benchmarks to monitor progress in the realization of the right to health in early childhood, including in the areas of emotional and social development;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 103
- Paragraph text
- As the global health agenda moves from a survival to a survival and development agenda, the Special Rapporteur urges high-income States to support low-income States in their endeavour to enhance the promotion and protection of the right to health in early childhood, including its developmental dimensions.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 33
- Paragraph text
- Moreover, States should mobilize more political will and resources and facilitate the meaningful involvement of all relevant stakeholders, in particular civil society actors, in the realization of goals and targets of the sustainable development goals related to early childhood.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 25
- Paragraph text
- These elements can be safeguarded through best practices such as planned, safe pregnancy and childbirth; exclusive breastfeeding in the first six months followed by appropriate complementary feeding and responsive parenting; preventive interventions such as vaccines for the treatment of diseases; protection from violence, neglect and abuse; and the reduction of environmental risks.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 3
- Paragraph text
- Health, survival and development are not sequential but are intrinsically linked and simultaneous processes. Early childhood programmes should continue to pursue objectives that include survival and health in the short term, but they should more consistently go beyond to embrace healthy development and health throughout life.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Health
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 35
- Paragraph text
- Pricing policies of pharmaceutical industries greatly impact the affordability of medicines. Under the right to health, pharmaceutical companies have a shared responsibility to ensure that the prices of their medicines do not put them out of the reach of a majority of the population. Earlier tiered pricing of essential medicines was the norm, whereby essential medicines were sold systematically at a lower price in developing countries as compared to developed countries. Later many multinationals however opted for universal tiered prices. Tiered pricing policies have now re-emerged. Some multinational companies now engage in tiered pricing between and within countries, based on income levels (equity based pricing), which can be profitable for companies due to increases in volume and attractive to developing countries due to reductions in prices. In practice, however, tiered pricing has been limited to certain medicines such as ARVs, vaccines and contraceptives. Moreover, given the lack of guarantee of low prices and the diminished role for government decision-making in such pricing policies, alternatives such as promoting robust market competition have been recommended as good practices with a view to lowering the prices of medicines.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Health
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 55
- Paragraph text
- The majority of contemporary conflicts are non-international armed conflicts involving one or more non-State armed groups. These non-State armed groups may significantly affect the enjoyment of the right to health in conflict. One study has found that non-State armed groups are as likely as State forces to attack or interfere with health facilities, and nearly twice as likely to enter hospitals for illegitimate purposes.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 19
- Paragraph text
- Moreover, acceptability requires health facilities, goods and services to be in line with medical ethics. This includes provision of impartial care and services by health professionals to people affected by conflict. Medical impartiality in treating wounded people is also mandated by international humanitarian law. Therefore, health professionals have obligations vis-à-vis provision of health services to people affected and/or involved in conflict.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 45
- Paragraph text
- These processes - participation-based empowerment intervention strategies - are grounded in the right to health framework, and had a broad impact on factors reducing vulnerability of sex workers to infection with HIV and other STDs. Outcomes of these processes also included improved knowledge of STDs and condom protection and the establishment of social support amongst sex workers.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Year
- 2011
- Date 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. 76
- Paragraph text
- [Member States should:] Ensure that all harm-reduction measures (as itemized by UNAIDS) and drug-dependence treatment services, particularly opioid substitution therapy, are available to people who use drugs, in particular those among incarcerated populations.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 55
- Paragraph text
- Modern health systems and modern health policies should not be limited to a biomedical model of addressing separate diseases and managing them with advanced biomedical interventions. Addressing social and other underlying determinants of health by applying modern principles of health promotion, primary care, mental health and integrated health and social services is legally required by the right to health, including in early childhood.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 65j
- Paragraph text
- [In applying a right-to-health approach, States should undertake reforms toward the development and implementation of policies and programmes relating to sexual and reproductive health as required by international human rights law. In that context, the Special Rapporteur calls upon States to:] Ensure safe, good quality health services, including abortion, using services, in line with WHO protocols;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 65h
- Paragraph text
- [In applying a right-to-health approach, States should undertake reforms toward the development and implementation of policies and programmes relating to sexual and reproductive health as required by international human rights law. In that context, the Special Rapporteur calls upon States to:] Decriminalize abortion, including related laws, such as those concerning abetment of abortion;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 102e
- Paragraph text
- [The Special Rapporteur recommends that national human rights institutions, non-State actors and sporting bodies:] Review all policies and operations concerning major sporting events and professional sporting competitions for compliance with the Guiding Principles on Business and Human Rights, and put in place protective mechanisms for athletes, workers and citizenry (international/national sporting bodies; private actors).
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 78
- Paragraph text
- The Special Rapporteur wishes to emphasize that universal health coverage must be understood as consistent with the right to health. While some components of targets 3.7 and 3.8, namely universal coverage, financial risk protection, access to quality essential health-care services, access to safe, effective, quality and affordable essential medicines and vaccines, and universal access to sexual and reproductive health-care services, can be read as consistent with the right to health, they obscure vital right-to-health standards.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Work of the mandate and priorities of the SR 2015, para. 31
- Paragraph text
- The Special Rapporteur concurs with his predecessors that a comprehensive right-to-health approach is necessary, which includes decriminalization of sexual orientation and gender identities, certain behaviours and health status, as well as the establishment of conducive legal and administrative frameworks with emphasis on human rights education, meaningful participation and empowerment of the groups targeted, and serious efforts to reduce stigma and discrimination in society as a whole.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 73c
- Paragraph text
- [To ensure effective enforcement of the right to health in domestic jurisdictions, the Special Rapporteur makes the following recommendations:] Judgements and orders should be implemented with the participation of affected communities and other stakeholders;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 13
- Paragraph text
- Courts are experienced in adjudicating the immediate obligation of non discrimination with regard to health. For example, in Eldrige v. British Columbia (Attorney General), the Supreme Court of Canada found that the Medical and Health Care Services Act discriminated against deaf and hard of hearing people because its lack of provision for sign language interpreters denied them equal benefits under the law.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Migrant worker’s right to health 2013, para. 50
- Paragraph text
- Agricultural work is associated with particular occupational health risks. For example, exposure to pesticides and other farm chemicals has been linked to elevated distress levels, depression, neurological problems and miscarriages. Heavy and repetitive manual work also places great strain on the body, with associated risks of musculoskeletal injuries. Such risks must be addressed legislatively through enforceable occupational health and safety regulation and mechanisms for remedial action.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 29
- Paragraph text
- States must take measures to ensure that legal and safe abortion services are available, accessible, and of good quality. Safe abortions, however, will not immediately be available upon decriminalization unless States create conditions under which they may be provided. These conditions include establishing available and accessible clinics; the provision of additional training for physicians and health-care workers; enacting licensing requirements; and ensuring the availability of the latest and safest medicines and equipment.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph