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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
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 45
- Paragraph text
- Compliance with procedural requirements associated with stocking, supplying and prescribing scheduled medications can be burdensome for health-care institutions and workers, creating a barrier to supply of these medications. Such procedures, for example, include restrictive licensing of controlled medicines within health-care institutions. In some countries, it is reported that only "Level 1" hospitals are allowed to prescribe opioids. Regulations also limit the substances a doctor may prescribe, or the amount that can be prescribed. Certain States require health-care workers to obtain special licences to prescribe morphine, in addition to their professional licences. Restrictive laws are a particular problem in the cases of methadone and buprenorphine, drugs used for OST. In some States use of these drugs is outlawed.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 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. 46
- Paragraph text
- Many myths exist surrounding the use of controlled drugs: that they lead to addiction, do not treat pain adequately, or that chronic or terminal pain is untreatable. Health-care workers themselves often are undereducated in palliative care and feel uncomfortable prescribing opioid analgesics for fear they will lead to dependence, to the contrary conclusions of scores of studies. Where inadequate training is the norm, health-care workers may be unsure of the legal implications of their prescribing practices - especially in relation to patients who use illicit drugs - and may avoid prescribing these medications altogether, which further limits the supply of essential medications.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 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. 51
- Paragraph text
- Needle and syringe programmes involve provision of sterile injection equipment to injecting drug users. The World Health Organization has endorsed the use of such programmes, noting that "compelling evidence" exists that they reduce HIV infections substantially, in a cost-effective manner, without any major negative consequences. The use of needle and syringe programmes is consistent with standard public health principles, in that elimination of a vector (in this case, the contaminated needles) reduces transmission of vector-driven disease.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 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. 52
- Paragraph text
- Opioid substitution therapy (OST) is an evidence-based treatment approach, involving prescription of substitute medications for opioid dependence, such as methadone or buprenorphine. OST decreases the prevalence of injecting drug use and sharing of injecting equipment, thus reducing the risk of contracting HIV and other blood-borne viruses. Global availability of OST could reduce cases of new HIV infections by over 100,000, reduce significantly the prevalence of other blood-borne diseases, and reduce overdose deaths from opioid use by nearly 90 per cent. Where OST is not available, a higher incidence of overdose often is observed following drug dependence treatment, owing to the individual's decreased tolerance for the drug. Additionally, numerous studies indicate that pharmacological support is effective at managing withdrawal from opioids and preventing relapse into drug use.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- 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. 53
- Paragraph text
- Interventions such as education programmes are also designed to minimize harm to individuals who use drugs. Currently, little information exists on their effectiveness, often because they are integrated into other programmes, but they are frequently utilized. One meta-analysis concluded that educational programmes result in risk-reducing behaviour change among people who use drugs, but results varied based on programme design. Outreach programmes are used to contact people who use drugs in their own communities, and to provide information, referral to medical testing and services, among other activities. A reduction in risk behaviour of around 27 per cent has been observed following contact with outreach 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)
- Education
- Health
- Person(s) affected
- 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. 57
- Paragraph text
- The risk of virus transmission through needle sharing can be addressed through the principles of harm reduction. Implementation of needle and syringe programmes strongly correlates with a reduction in risk behaviours, which predispose people who inject drugs to HIV infection. Other benefits associated with such programmes include increased entry into HIV-treatment programmes. However, current coverage of needle and syringe programmes, OST and antiretroviral therapy (ART) services is insufficient to prevent HIV transmission in the vast majority of countries where people use injecting drugs. Funding to ensure universal access to HIV prevention services for people who inject drugs currently stands at around one twentieth of that required.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 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. 74
- Paragraph text
- The non-prices measures of the Framework Convention on Tobacco Control provide the best examples of the protections and regulations that may replace the existing enforcement-based framework. Such measures include regulation of drug content, education and awareness-building, and measures concerning dependence reduction and cessation. Implementation of these measures would secure the right to health by, inter alia, ensuring supply of unadulterated drugs, increasing individual and community awareness to minimize risk, and ensuring access to appropriate treatment, where necessary. There generally are high levels of implementation among Parties to the Framework Convention on Tobacco Control on nearly all of these measures, suggesting similar possibilities for currently controlled drugs.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- N.A.
- Year
- 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. 59
- Paragraph text
- The need to incorporate human rights into development is important for the long-term sustainability and legitimacy of development as an enterprise. Many models of development failed to address basic human needs, and further, neglected the rights of people whilst pursuing development outcomes supposedly designed to benefit them. Human rights-based approaches to development are particularly useful in this regard, and their use should be promoted. The right to health can be a particularly powerful reference in that regard because of its close links to a full range of other rights and the crucial role that health plays in development, both human and economic.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 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. 18b
- Paragraph text
- [The right to health framework complements current development approaches by underlining the importance of aspects such as participation, community empowerment and the need to focus on vulnerable populations. The right to health analytical framework "unpacks" the right to health, making it easier to understand and apply in practical settings. Its key elements are as follows:] Recognition that the right to health is subject to resource constraints and progressive realization, requiring the identification of indicators and benchmarks to measure progress over time;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 18i
- Paragraph text
- [The right to health framework complements current development approaches by underlining the importance of aspects such as participation, community empowerment and the need to focus on vulnerable populations. The right to health analytical framework "unpacks" the right to health, making it easier to understand and apply in practical settings. Its key elements are as follows:] Developing countries have a responsibility to seek international assistance and cooperation, while developed States have some responsibilities towards the realization of the right to health in developing countries; and
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 19
- Paragraph text
- Development and the full realization of the right to health both require long-term strategies and planning. At the same time, the right to health framework demands that immediate steps be taken to ensure the core obligations of the right to health, and that special attention be given to the situation of vulnerable and marginalized groups. Whereas some elements of the right to health allow for progressive realization in accordance with available resources, others must be realized immediately. The realization of these aspects of the right to health cannot be conditioned through prioritization in development planning, policies and programmes. [...]
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- 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. 30
- Paragraph text
- The right to health extends to the underlying determinants of health, embracing a wide range of socio-economic factors that promote conditions in which people can lead a healthy life, which necessarily incorporates other rights. Yet a distinct feature of the right to development is its focus on a process of simultaneously advancing the full range of human rights. In this regard the words of former independent expert on the right to development and former chairperson of the Working Group on the Right to Development, Arjun Sengupta, are illustrative. As he notes: "the right to health could be implemented on its own, but when treated as a component of the right to development, its realization must include policies to expand resources as well as institutions over time, taking into account competing claims of other rights which must be coordinated with the right to health. Such exercise might imply a much larger claim on resources and much greater inputs from international cooperation than would be the case for the fulfilment of the right to health by 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)
- Equality & Inclusion
- 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. 39
- Paragraph text
- The second phase of the response, in which the international community promoted the prevention of discrimination under the "public health rationale", is a clear example of recognition of the impact of human rights on health, and vice versa. It became increasingly clear that violations of the right to health, such as the State's failure to prevent discrimination towards people living with HIV and AIDS (or, indeed, discrimination perpetrated by the State itself) actually reduced the effectiveness of HIV prevention programmes. Conversely, where rights were protected by the State, through clear preservation of anonymity in the context of HIV testing, participation in testing and counseling increased. The elimination of discrimination and protection of basic freedoms not only upheld rights but furthered public health aims concurrently.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph