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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. 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
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. 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. 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. 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. 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
The right to health and development 2011, para. 43
- Paragraph text
- As noted, in the initial, panicked response to HIV, there were calls for quarantine, compulsory notification, and even branding of those people living with HIV. As knowledge grew, and the hysteria surrounding its modes of transmission gradually abated, the extremity of the responses decreased, but identification of the symbiotic relationship between achieving public health and development outcomes, and protecting and promoting human rights, took longer to gain widespread acceptance. It remains overlooked in certain spheres of development, and the lessons learned regarding the effectiveness of responding to HIV using human rights are being increasingly forgotten. Nevertheless, where approaches utilizing human rights have been employed to address HIV, outcomes have been extremely encouraging.
- 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. 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
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. 15
- Paragraph text
- Taxation is a common method through which States raise public funds for health by prepayments, as opposed to out-of-pocket payments at the point of service delivery. Several States have achieved universal (or near universal) access to health facilities, goods and services through the utilization of tax revenue to finance health. Taxation provides States access to a variety of sources from which to fund health care, including taxes on personal income, property, wages, manufacturing, sales, trade, capital gains and financial transactions. Taxation allows States to pool funds and spread financial risks associated with health care across the entire population. Taxation is thus an instrument with which States may ensure adequate funds are available for health through progressive financing, as required under the right to health.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- 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. 39
- Paragraph text
- In order to reduce the negative effects of regressive premiums and adverse selection within a multiple payer system, participation in a health insurance pool should be compulsory. Compulsory participation ensures universal insurance coverage and allows for the use of equalization mechanisms, or risk adjusters, to facilitate cross-subsidization between different pools. For instance, a percentage of the funds of low-risk pools may be required by law to be transferred to high-risk pools under particular circumstances. States may also directly regulate private insurers by, among other measures, limiting the information they are permitted to collect about potential pool members, restricting the manner in which premiums are calculated, and prohibiting the exclusion of individuals with pre-existing health conditions from insurance pools. Government insurance programmes should also provide coverage for the poor or other vulnerable or marginalized groups who are excluded from private pools owing to their inability to pay, because of pre-existing health conditions or because they are high-risk of poor health. For example, individuals employed in dangerous work may be denied health insurance because of increased health risks and workers in low-paying jobs may be unable to afford high premiums charged by private insurers. Under the right to health, States have an obligation to ensure that these individuals have access to health services through health insurance. This obligation may be met through appropriate regulation of private health insurers, the subsidization of private insurance premiums or the availability of government-run insurance 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
- 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. 43
- Paragraph text
- Social health insurance programmes must be funded through compulsory contributions in the form of prepayments in order to achieve universal access to good quality health facilities, goods and services and robust cross-subsidization of financial and health risks. Voluntary contribution schemes may help raise funds in the absence of widespread payment and pooling, familiarize individuals with the benefits of insurance, and serve as an intermediate funding mechanism that eases the transition towards a more inclusive compulsory contribution scheme, but they do not necessarily increase rates of insurance coverage because enrolment is not compulsory. In contrast to a system of voluntary contributions, compulsory contribution schemes prevent wealthy and healthy members from opting out of the programme and diluting the size of the pool at the expense of poorer and sick members. Compulsory schemes also prohibit individuals from buying into the programme only during times of medical need. While voluntary contributions may help raise funds in the absence of widespread payment and pooling, familiarize individuals with the benefits of insurance, and serve as an intermediate funding mechanism that eases the transition towards a more inclusive compulsory contribution scheme, they do not necessarily increase rates of insurance coverage because enrolment is not compulsory. Voluntary schemes are thus ineffective in increasing access to health facilities, goods and services for the poor because they do not generate large enough pools to facilitate robust cross-subsidization.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 45
- Paragraph text
- Social health insurance programmes often rely on compulsory wage-based contributions, which may fail to identify and include those whose incomes are not formally reported or easily assessed, such as informal workers, self-employed persons and workers in rural and remote areas. For example, informal workers who may qualify for absolute exemptions or reduced contributions are difficult or impossible to identify through compulsory wage-based social health insurance programmes and thus may not be enrolled in these programmes. Such individuals may be unable to access good quality health facilities, goods and services owing to unaffordable out-of-pocket payments. Under the right to health approach, States should use innovative strategies to include the informal sector in social health insurance programmes. For example, associational taxes, in which an association representing a particular group of workers collects funds and pays into the tax system, have been shown to increase the participation of informal sector employees in formal benefits 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)
- Economic Rights
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 10
- Paragraph text
- The informal economy can be defined as a diversified set of economic activities, enterprises and workers that are not regulated or protected by the State. As defined by the ILO, the informal sector consists of "private unincorporated enterprises" which are not registered under specific forms of national legislation. Informal employment, however, is broader in scope and consists of all employment in the informal sector, plus those workers employed informally within the formal sector. The informal economy includes both the black economy, which seeks to avoid taxation and regulation, and the criminal economy, which deals in illegal goods and services. However, the black and criminal economies account for only a small share of the informal workforce. Most informal enterprises and workers deal in legal goods and services, and operate in a semi-legal, but not deliberately illegal manner.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 12
- Paragraph text
- The informal economy constitutes more than 50 per cent of the economy in many developing countries. When the agricultural sector is included in assessments, in some countries the informal economy approaches between 80 to 90 per cent of the total economy. However, the existence of the informal economy is certainly not limited to the developing world; the informal economy also makes up a sizeable portion of developed economies. Studies suggest that the informal economy may be a fall-back or buffer during times of economic downturn, when the informal economy often grows. In light of the magnitude of the recent global financial crisis and subsequent recession, it is likely that the informal sector has grown substantially. As the informal economy has grown, so have its related occupational health concerns. Considering the size and nature of the informal economy, it is impossible for States to fully realize the right to health without addressing concerns related to occupational health in the informal economy.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 17
- Paragraph text
- More research about the informal economy and informal workforce is needed at the local and national levels. The lack of disaggregated data, in particular, prevents States from understanding the demographic landscape of the informal economy and the particular vulnerabilities faced by informal workers. States must systematically engage informal workers in order to effectively conduct human rights and health impact assessments and risk surveillance, with a view to identifying and controlling known risks, as well as epidemiological and disease surveillance to detect and manage disease and prevent long term 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)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 18
- Paragraph text
- Informal work and workplaces do not fall under the purview of existing national occupational health laws therefore the employer-employee relationship in the informal economy goes unregulated. States have an obligation to fulfil workers' right to health through direct occupational health interventions in the informal economy. In some instances, this may require formalization through the introduction or extension of occupational health regulations into the informal economy. The ILO and other organizations have attempted to address the occupational health vulnerability of informal workers by implementing programmes in coordination with national governments aimed at reaching informal workers. These include the integration of occupational health services into primary health-care services; participatory health and safety training programmes for informal street vendors initiated by local governments and various efforts to extend social health insurance coverage in the informal sector. A number of interventions tailored to the needs of specific industries have also been implemented.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 19
- Paragraph text
- There are additional means by which States can address the right to health in the informal sector. These include social health insurance schemes tailored to address the sector-specific health risks faced by workers throughout the informal economy; occupational health service provision at work sites; and primary health care interventions designed to educate and train workers about occupational health. The obligation to fully realize the right to occupational health for workers in the informal economy falls directly on States. In some instances, this may require formalization through the introduction or extension of occupational health regulations in the informal economy. Where this is not possible or feasible, States should then take all necessary steps (short of those that would eliminate these jobs) to mitigate harm stemming from such employment.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 34
- Paragraph text
- Right to health indicators and benchmarks must play an integral role in the periodic review of occupational health laws and policies in order to monitor and evaluate these laws and policies. There are three categories of human rights indicators: structural, process and outcome indicators. Structural indicators are used to determine whether key structures or mechanisms necessary for the realization of the right to health are in place. Process indicators measure discrete aspects of State policies and interventions toward realizing the right to health; whereas outcome indicators measure the impact of such interventions on the health of populations. Benchmarks are the national targets with respect to each indicator. They create a standard against which States can be held accountable, and allow for monitoring 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
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 46
- Paragraph text
- The obligation to ensure access to occupational health services may be met through the direct provision of services by the State or through social health insurance that covers all workers against occupational diseases and injuries. In most cases, social health insurance must be provided by the employer. Where this not possible, States must provide direct coverage or subsidize the purchase of private insurance based upon the economic needs of each worker. In all cases, insurance benefits must include preventative, promotive and curative health services, and must be tailored to address the specific occupational health risks faced by workers in their respective work sectors.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 59
- Paragraph text
- States have a direct obligation to provide workers in the informal economy with remedies for violations of their right to occupational health. Violations of the right to health subject to direct State remediation include the failure of the State to implement components of the right to occupational health and claims arising from prior State commitments to implement the right. For example, if States fail to implement components of the right to occupational health, such as the inclusion of informal workers in the national occupational health policy, an appropriate remedy would be to reformulate the policy to address the occupational health of informal workers. Alternatively, if States have established a national social health insurance scheme covering workers in the informal economy, informal workers must have a private right of action to ensure that they are covered and that they receive appropriate benefits under the scheme.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 60a
- Paragraph text
- [The Special Rapporteur recommends that States take the following steps in order to realize the right to occupational health:] Extend existing occupational health laws and policies to cover the informal workforce, and establish innovative laws and policies to support direct occupational health interventions in the informal economy, with special attention paid to its gendered aspects. This should include: Social health insurance programmes that cover all informal workers, which, to the greatest extent possible, must be tailored to address the specific occupational health risks faced by informal workers in their respective sectors; Occupational health services that are provided where informal workers work; Primary healthcare interventions that are designed to educate and train informal workers about occupational health.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 60d
- Paragraph text
- [The Special Rapporteur recommends that States take the following steps in order to realize the right to occupational health:] Ensure mechanisms are in place to monitor and evaluate occupational health prior to the formulation and implementation of occupational health laws and policies. These should include: Disease and epidemiological surveillance, including the collection of disaggregated data; Human rights and health impact assessments and risk surveillance; Development, with the direct participation of workers, of the right to health indicators and benchmarks, against which occupational health laws and policies must be measured.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 2
- Paragraph text
- Contemporary conflicts take a variety of forms, including internal disturbances, protests, riots and civil strife and unrest, in addition to armed conflicts as addressed under international humanitarian law. They also include occupied territories and territories with constant military presence where populations may be affected by conflict for many years despite the lack of active hostilities. The report defines State obligations in relation to the right to health in all such conflict situations. Situations which do not meet the criteria for armed conflict or occupation are governed exclusively by human rights law, including the right to health. Armed conflict however is governed by international humanitarian law as well as human rights law.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph