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Right to health in conflict situations 2013, para. 66
- Paragraph text
- Remedies should not be limited to punitive actions against perpetrators but should also be directed towards restoring the right to health of affected persons and bridging the divisions in society that may arise from or give rise to continued conflict. As such, the remedies of satisfaction and guarantee of non-repetition, which include measures to cease current violations and prevent future violations as noted by the General Assembly in its resolution 60/147, are particularly important given the ongoing and systemic effects of conflict on the right to health. In the context of the right to health, guarantees of non-repetition include improving protection of health workers in conflict areas; providing clear codes of conduct on the appropriate use of medical facilities in conflict; training of, and awareness-raising among, appropriate actors, including law enforcement, on all aspects of the right to health; undertaking legal reforms including enacting laws that mandate non interference with the impartial provision of health care; and setting up independent dispute settlement and monitoring systems. The remedy of satisfaction includes judicial and administrative sanctions, acknowledgement of wrongdoing, and effective measures to end continuing 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 12
- Paragraph text
- A crucial facet of the right to health framework is the effective participation of affected people and communities, especially vulnerable groups. Effective participation should be ensured in all phases of formulating, implementing and monitoring decisions which affect the realization and enjoyment of the right to health in times of conflict. However, policies thus formulated should not be limited to the views of the majority and should take into account the views and needs of the minority within the participating group. Involvement in decision-making processes empowers affected communities and ensures ownership of decisions and resources, which leads to sustainable systems and, potentially, the resolution of conflicts. The participation of affected populations ensures responsive and effective laws and policies by taking into consideration the needs of the people. This is of special significance in protracted conflict situations, in post-conflict situations, in areas with a constant military presence and in areas under occupation. Informed participation can only be ensured when affected populations have the ability to seek and disseminate information affecting their health.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 30
- Paragraph text
- Militarization refers to the taking over or use of health facilities and services by armed forces or law enforcement agencies for achieving military objectives. Such military use poses a serious risk to the life and health of patients and health-care workers and erodes the role and perception of hospitals as a safe space to access health care. The impartiality of medical facilities is often compromised by the constant presence of security forces in hospitals and intimidation of patients and health-care workers in hospitals and clinics. Hospitals and clinics are sometimes taken over by security forces in order to identify or arrest protestors injured in clashes with pro-Government forces. Those identified with protest-related injuries are often prevented from seeking emergency medical attention, removed from medical care, tortured or arrested (A/HRC/19/69, para. 63). Militarization of health care has also led to undesirable fallouts in respect of access to basic health care in some countries. Widespread fear of persecution leads civilians to avoid seeking treatment at health facilities and resort to treatment in unsafe conditions instead (ibid.). Such persecution violates the right to health of persons by impeding their access to quality health services.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- 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. 27
- Paragraph text
- Some domestic courts have focused on judicial review of the process, rather than the substance, of policymaking. Courts have confirmed that a State is in compliance with its progressively realizable obligations if the policymaking process was reasonable. The Constitutional Court of South Africa, for example, has considered the following factors in determining whether a housing policy and a water distribution policy was "reasonable": consideration given to vulnerable groups and emergency situations; flexibility of the policy to being updated upon continuing governmental review; attention paid to the short-term, medium-term and long-term needs; a transparent, participatory and well-considered process; efficient implementation of the policy; equitable coverage; retrogression in policy; and whether discrimination was tied to a legitimate government policy. Even where adjudicators find that the process has been reasonable, they may also review whether the implementation of the policy has resulted in a disproportionately negative impact on a particular vulnerable group, which may evidence a breach of the State's progressively realizable obligations.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 73b
- Paragraph text
- [The Special Rapporteur urges international and non-governmental organizations undertaking humanitarian activities in conflict:] To establish effective accountability mechanisms for violations of the right to health by their personnel, such as members of peacekeeping forces and humanitarian 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)
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 70d
- Paragraph text
- [The Special Rapporteur urges States involved in conflict situations:] To refrain from obstructing, restricting or limiting access to health facilities, goods and services. In cases where such barriers become necessary, restrictions should be proportionate to the objective sought and should follow the least restrictive alternative;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 70b
- Paragraph text
- [The Special Rapporteur urges States involved in conflict situations:] To ensure the availability, accessibility and acceptability of quality health facilities, goods and services to all people involved in and/or affected by conflict, without discrimination. Particular attention should be given to vulnerable groups;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 51
- Paragraph text
- The primary responsibility for realizing the right to health in conflict lies with States who are involved in the conflict. However, other States and non-State actors, including armed groups, international organizations and humanitarian non governmental organizations, also bear obligations towards the realization of the right to health of affected 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)
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 6
- Paragraph text
- Both international humanitarian law and human rights law share the aim of protecting all persons and are grounded in the principles of respect for the life, well-being and human dignity of the person. They provide complementary and mutually reinforcing protection. The application of human rights law to conflict would ensure greater protection of civilian population and additional accountability mechanisms for States and remedies for affected population.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 4
- Paragraph text
- Human rights law continues to apply in situations governed by international humanitarian law. This has been affirmed by the International Court of Justice, human rights treaty bodies, regional bodies such as the European Court of Human Rights and domestic courts. The General Assembly, in its resolution 57/233, and the Security Council, in its resolution 1181 (1998), have also condemned violations of human rights in armed 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)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 73a
- Paragraph text
- [The Special Rapporteur urges international and non-governmental organizations undertaking humanitarian activities in conflict:] To adopt health initiatives in line with the right to health framework, which includes ensuring the participation of affected communities. These initiatives should promote traditional medicines and practices which are in line with the right to health;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 71e
- Paragraph text
- [The Special Rapporteur urges States recovering from conflict:] To provide peacebuilding mechanisms for meaningful and sustainable resolution of conflicts through restorative justice processes such as fair and transparent truth and reconciliation commissions.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 71d
- Paragraph text
- [The Special Rapporteur urges States recovering from conflict:] To establish access to justice mechanisms to address the violations of rights and provide remedies for such violations, including restitution, compensation, guarantees of non-repetition and satisfaction;
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 71c
- Paragraph text
- [The Special Rapporteur urges States recovering from conflict:] To ensure the availability and accessibility of essential and primary health facilities, goods and services, including mental health services, to people affected by and involved in conflict, especially vulnerable groups;
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 71b
- Paragraph text
- [The Special Rapporteur urges States recovering from conflict:] To make sufficient resources available to implement reconstruction policies. Donor-funded initiatives should supplement and support national health policies where required and should be implemented with the participation of affected 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)
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 70h
- Paragraph text
- [The Special Rapporteur urges States involved in conflict situations:] To ensure effective monitoring of violations of the right to health during conflict by making information available and accessible to independent monitoring groups, including community-based monitoring groups.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 22
- Paragraph text
- The fear of being reported to law enforcement agencies also prevents access to health facilities and services by patients. This is especially true of people wounded as a result of direct involvement in conflict. However, criminalization also has a chilling effect on people who are not involved in conflict, who may avoid seeking health services because they fear being suspected of involvement in the 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)
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 17
- Paragraph text
- Availability, accessibility and acceptability of quality health facilities, goods and services are critical in times of conflict. A functioning health system, including health-care workers, is vital to the enjoyment of the right to health of people affected by 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
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 39
- Paragraph text
- Unaffordable health-care services, high taxes and confiscation of essential supplies by parties to the conflict increase the vulnerability of marginalized communities. Accessibility may further be hindered due to lack of linguistic and culturally appropriate health services and information. Failure to recognize the different needs of marginalized communities may deter them from accessing health care, as well as contribute to a profound sense of isolation and disempowerment.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 25
- Paragraph text
- Persons who require continuous care have particular health needs which, if unaddressed, can increase unnecessary deaths during conflict. For example, treatment interruption and lack of availability of treatment may render people living with HIV, tuberculosis and cancer, more vulnerable to ill-health. The lack of availability of medication and psychosocial services can likewise prove especially detrimental to mental health patients, some of whom may require continuous 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)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 69
- Paragraph text
- The Special Rapporteur emphasizes that the effective participation of affected communities, especially vulnerable groups, is essential to the right to health framework. Affected communities should, at all times, be involved in the formulation, implementation and monitoring of decisions and agreements that affect their right to health, including policies regarding conflict situations and post-conflict situations.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 48
- Paragraph text
- With respect to quantification of medicines needs, one developing country experience indicates reliance on historical data gathered from hospitals all over the country and the epidemiological pattern of disease, which are reviewed every six months. A 20 per cent buffer to account for shortages or seasonal increases in disease is then added. Stock shortages are nevertheless commonly reported in this State. Fewer than half of the respondent States had a policy in place to address medicines shortages. States attributed stock shortages to insufficient funding for procurement, inaccurate forecasting of needs, inadequate buffer stock of essential medicines, and inefficient distribution and record-keeping systems. Stock shortages can force patients to resort to more expensive private health centres, inappropriate medicines or even forego treatment altogether. Over-quantification of demand, on the other hand, is equally harmful, as it can lead to the wastage of scarce resources and the expiry of medicines, for which safe disposal systems are lacking in many States. States are therefore encouraged to develop more scientific, reliable and evidence-based methods for forecasting and quantification such as the use of computerized methods for quantification and reliance on data about actual consumption where there are reliable records available. Participation of civil society and the affected communities must be encouraged as it helps create information networks to monitor and inform competent health authorities on medicine stocks.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 68
- Paragraph text
- A right to health approach to conflict situations obliges States to take continuous and concrete steps towards the realization of the right to health of persons affected by conflict, including those who are actively involved in conflict. The Special Rapporteur recommends that States enact and implement laws and policies which respect, protect and fulfil the right to health of affected populations, especially vulnerable groups, prior to, during and after conflict.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 13
- Paragraph text
- As at other times, States have the obligation to respect, protect and fulfil the right to health in conflict. This includes situations where States occupy or otherwise exercise effective control over foreign territory, where the full spectrum of obligations under the right to health applies. States also have other human rights obligations, including but not limited to the right to life and the obligation to refrain from torture and other forms of cruel, inhuman or degrading treatment or punishment.
- 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
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 74b
- Paragraph text
- [The Special Rapporteur urges non-State armed groups:] To comply with agreements that may have been entered into to protect the right to health of affected 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)
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 27
- Paragraph text
- Health-care workers are essential for ensuring availability of health-care services. States therefore have an immediate and continuous obligation to provide health-care workers and humanitarian organizations with adequate protection during periods of 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)
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Work of the mandate and priorities of the SR 2015, para. 57
- Paragraph text
- The Ebola crisis has provided meaningful lessons with regard to many elements of the right to health. It has questioned our preparedness for emergencies at national, regional and global levels. It has raised important issues, such as access to information, trust in public authorities and safety of medical personnel, and it has reminded us of the importance of upholding the human rights of the affected populations in the context of public safety concerns. The Ebola crisis has once again raised issue of the responsibility and social accountability of key actors, including pharmaceutical companies, and the need for strong public leadership in addressing global health challenges.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 67
- Paragraph text
- Remedial measures should involve removing discriminatory policies and laws, and formulating and implementing comprehensive national health plans to realize the right to health post-conflict. States should also provide platforms to heal the rifts in society caused by conflict. Mechanisms such as truth and reconciliation commissions, international and hybrid criminal tribunals, international and regional human rights mechanisms and fact-finding missions can provide important complements to judicial and administrative remedies at the national level in this regard. At all levels, the participation of affected communities in remedial processes is essential to ensuring a meaningful and sustainable resolution of the 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)
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 63
- Paragraph text
- Security concerns should not be used to justify blanket bans on reporting violations, particularly where a less restrictive means of ensuring security is available, such as allowing anonymous reporting of incidents. States should ensure that accurate information is available to independent monitors and should not retaliate against persons who report violations. States should also prevent and investigate threats and attacks against such persons by both State agents and third parties. States should especially promote community-based monitoring initiatives, which ensure that the views of the local population are taken into account, and provide transparent and reliable information to civil society and affected communities.
- 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)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 62
- Paragraph text
- Violations of the right to health in conflict, including attacks on, and interference with, the delivery of health care, are often not fully captured in current monitoring systems. Monitoring of such violations in conflict and post-conflict situations is often poor or incomplete, due to insecurity and lack of systematic data collection and dissemination by States and international organizations. Monitoring mechanisms may focus excessively on high-profile issues such as attacks on international aid workers rather than more common violations such as threats against local workers or damage to underlying determinants. The practice of retaliating against whistleblowers may also mean that health-care workers and affected populations, who are in the best position to report violations of the right to health, may be reluctant to do so for fear of being unable to provide or access medical care.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph