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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).
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 48
- Paragraph text
- A human rights-based approach to drug control must be adopted as a matter of priority to prevent the continuing violations of rights stemming from the current approaches to curtailing supply and demand, and to move towards the creation of a humane system that meets its own health-related objectives. Currently, there is a lack of coordination and discussion between the actors involved in drug control and human rights at the international level. Law enforcement approaches are ingrained institutionally in the international drug control regime, as drug control is housed within UNODC, which leads the United Nations efforts on organized crime. This association between law enforcement and drug control, in part, precludes adoption of a human rights-based approach and interaction with the human rights bodies of the United Nations.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Year
- 2010
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 60
- Paragraph text
- Similarly, the model law for sexually transmitted infections and HIV/AIDS for West and Central Africa criminalizes the transmission of HIV virus "through any means by a person with full knowledge of his/her HIV/AIDS status to another person". This provision does not require that the person intends to transmit HIV; rather, it requires only that he or she has knowledge of his/her status and fails to take into account relevant circumstances, such as whether the accused individual had knowledge of how HIV is transmitted or used effective precautionary methods, in establishing either the offence or the availability of relevant defences. This law been implemented in at least 15 African countries as of 2009, occasionally with amendments.
- Legal status
- Non-negotiated soft 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
- Person(s) affected
- All
- Year
- 2010
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 75
- Paragraph text
- Finally, domestic laws prohibiting the deliberate spread of any disease or assault, or laws concerning the age of consent, adequately cover intentional transmission of HIV should the need arise to prosecute cases where this has occurred. The use of these pre-existing laws provides a legal safeguard to potential victims, without unnecessarily stigmatizing and further marginalizing those affected by HIV within the jurisdiction. States should, in addition to using pre-existing laws, issue guidelines to ensure that these laws are only utilized in cases of intentional transmission and that the relevant mens rea is to be established beyond a reasonable doubt.
- Legal status
- Non-negotiated soft 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
- Person(s) affected
- All
- Year
- 2010
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 8
- Paragraph text
- The Convention on the Rights of the Child provides for the protection of the right to health of young persons under the age of 18. Article 24 of the Convention affirms the right to health as established in the International Covenant on Economic, Social and Cultural Rights, which is especially relevant given the importance of sexual and reproductive health to the lives of young women and men. The Convention urges States to ensure prenatal and post-natal care for mothers, develop family planning education and services and ensure the elimination of traditional practices that are "prejudicial to the health of children".
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Men
- Women
- Youth
- Year
- 2011
Paragraph
The right to health and development 2011, para. 11
- Paragraph text
- The "capabilities" approach first articulated by Sen and developed by Nussbaum, which underlies the concept of human development, at its core requires removal of major sources of "unfreedom" in order for development to occur, including poverty, poor economic opportunities, tyranny, neglect of public facilities, and social deprivations. This very acknowledgement allows a clear space in which human rights-based discourse can guide development. The capabilities approach recognizes rights as both "constitutive" of and "instrumental" to the overall process of development; that is, rights and freedoms are not only necessary tools in achieving the goals of development, but that realization of rights should constitute an end-goal of development itself. More particularly, this approach holds that human rights are entitlements which make up a part of a set of central capabilities: a core set of freedoms, or rights, which form the basis of the very opportunities necessary to achieving a requisite level of human development.
- Legal status
- Non-negotiated soft 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
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to health and development 2011, para. 53
- Paragraph text
- Harmonizing the practical and operational aspects of human rights and development without compromising the essential values and philosophies of both domains is a challenge. Divergence stems from a number of factors, including practical disciplinary differences; development is largely the domain of economists and human rights that of lawyers and advocates. Additionally, there exists the long-standing contention that human rights are more prescriptive than operational, while development projects have focused on implementation and are more programmatic in nature.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
The right to health and development 2011, para. 54
- Paragraph text
- These issues are partly addressed by the work of actors such as the Office of the High Commissioner for Human Rights (OHCHR), which developed, at the request of the human rights treaty bodies, a framework for indicators to monitor compliance with international human rights instruments, which takes into account the various ways in which human rights relate to development. The framework establishes three sets of indicators: structural, process, and outcome, and a list of illustrative indicators on the right to health have been developed. However, monitoring and evaluation of human rights-related issues in the development field has thus far been largely limited to outcome indicators. This raises some key concerns with respect to the way indicators are used in development and their impact on human rights.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
The right to health and development 2011, para. 55
- Paragraph text
- Effective monitoring and evaluation is a core component of any human rights-based approach, and like other phases of the programming process it should be guided by human rights principles. Moreover, rights-based approaches, including those concerning the right to health, require transparency and accountability in decision-making processes, actions or omissions, for which effective monitoring and evaluation are necessary requirements. However, monitoring and evaluation must be undertaken carefully, to avoid the potential pitfalls associated with a "culture of evaluation", wherein an overreliance on the use of easily quantifiable data and evidence-based evaluation practices can lead to neglect or disregard of development strategies whose effects are more difficult to quantify: for instance, those relating to capacity-building.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
The right to health and development 2011, para. 57
- Paragraph text
- Thus, overreliance on easily quantifiable data threatens to erode the core concept of the realization of human rights as ends in and of themselves. The instrumental value of the incorporation of human rights into development practice must not overshadow the proper understanding of human rights as constitutive components of human development. The United Nations Secretary-General Ban Ki-Moon has noted that the MDGs "embody basic human rights," including the right to health. An understanding of the intrinsic value of human rights and the promotion of human dignity as a necessary end of development must not be sacrificed in order to facilitate data-intensive evaluation.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2011
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.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2011
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.
- Legal status
- Non-negotiated soft 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
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Health financing in the context of the right to health 2012, para. 40
- Paragraph text
- At a more targeted level, community-based health insurance pools funds collected from members of small communities and includes a variety of financing mechanisms, such as community health funds, mutual health organizations and rural health insurance. Community-based health insurance programmes may operate in complement or supplement to single or multiple payer systems. These programmes generally exist in poor and other vulnerable or marginalized communities and may increase access to health facilities, goods and services for vulnerable or marginalized groups and facilitate the participation of communities in decision-making processes affecting their health.
- Legal status
- Non-negotiated soft 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
- Person(s) affected
- All
- Year
- 2012
Paragraph
Occupational health 2012, para. 26
- Paragraph text
- States must also not interfere, through its laws and policies or the acts of its officials, with communication and interactions amongst workers and between workers and the civil society regarding occupational health concerns. States must further facilitate the transmission of information pertaining to occupational health from affected workers directly to State officials. This may take the form of a complaint mechanism or a forum in which affected workers engage directly with relevant State officials or bodies in order to address violations of the right to occupational health. In some cases, these communications are barred by non-disclosure laws and mandatory contractual provisions between workers and their employers. States should ensure whistle-blower provisions or similar protections that supersede contractual obligations are in place to allow workers to disclose information regarding their occupational health publicly and directly to the State without fear of reprisal.
- Legal status
- Non-negotiated soft 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
- Person(s) affected
- All
- Year
- 2012
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.
- Legal status
- Non-negotiated soft 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
Paragraph
Right to health in conflict situations 2013, para. 5
- Paragraph text
- The concurrent application of both sets of laws in armed conflict enhances the rights of affected populations. Additionally, human rights law ensures protection of affected populations where the application of international humanitarian law is disputed. Concurrent application is also helpful in situations directly concerning the right to health, such as the effects of general insecurity on health and its underlying determinants that may not be adequately captured under international humanitarian law. Human rights law also contains more specific obligations regarding availability, accessibility, acceptability and quality of health services than international humanitarian law does.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Right to health in conflict situations 2013, para. 60
- Paragraph text
- The right to health framework recognizes that international and non governmental organizations have particular importance in relation to disaster relief and humanitarian assistance in times of emergencies, including providing assistance to refugees and internally displaced persons. International and non governmental organizations may also be involved in conflict as monitors, mediators, peacekeeping forces and territorial administrators. Such organizations should ensure that they take due account of the right to health in their decisions and activities, including by adopting rights-based health policies, paying special attention to the needs of vulnerable groups and ensuring participation of affected communities. They should ensure that robust accountability mechanisms exist, particularly in peacekeeping and peace-enforcement situations. These include effective disciplinary systems, clear operational standards, systems for monitoring and data collection, and accessible independent dispute-resolution systems, especially for international organizations that enjoy immunity from domestic jurisdiction.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Right to health in conflict situations 2013, para. 61
- Paragraph text
- Accountability is an essential aspect of the right to health framework. It requires independent monitoring, prompt investigations, transparent governance, including collecting and disseminating accurate and complete information to the public, and access to remedies for victims of violations. These requirements are also addressed under international humanitarian law, which obliges States to prevent, investigate and punish violations of international humanitarian law. Clear policies and codes of conduct should be in place within the military, police force, and medical institutions to protect the right to health in conflict.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 14
- Paragraph text
- Manufacturing capacities in developing countries are limited to countries such as China, India, Brazil, South Africa, Thailand, Kenya, the Syrian Arab Republic and Egypt. Even in the developed world, large innovator multinational companies are concentrated in a small number of countries such as Switzerland, the United Kingdom, the United States, Germany, France and Japan. The Special Rapporteur recognizes that while factors such as inefficient procurement and poor distribution practices do determine the availability of medicines in a country, it may still be politically and strategically important for developing countries to ensure the security of access to medicines for their populations through local production.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 57
- Paragraph text
- The Special Rapporteur is pleased to observe the adoption by the International Labour Office (ILO) in 2011 of Domestic Workers Convention No. 189 and Recommendation No. 201, which details requirements for protection from harassment and violence, occupational health and safety, written contracts and protection under labour laws. This follows general comment No. 1 (2010) on migrant domestic workers of the Committee on the Protection of the Rights of all Migrant Workers and Members of Their Families, which pays particular attention to the vulnerability of migrant domestic workers throughout the different stages of migration. Implementation of these instruments would provide greater protection to migrant domestic workers at all stages of the migration process, thereby creating an enabling environment consistent with the obligation to fulfil the right to health.
- Legal status
- Non-negotiated soft 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
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 51
- Paragraph text
- In decentralized systems, however, poor financial and procurement capacities combined with weak governance present challenges which has even led to different prices in different regions of the same country. Decentralized systems also pose challenges for bulk procurement, which is routinely used in public procurement systems around the world. While decentralized procurement has the advantage of increasing local level accountability, it is susceptible to fragmentation, which causes duplication of procurement and negatively impacts coordinated negotiations, resulting in less favourable contract terms for governments. To maintain purchase volumes, some States have adopted systems to centrally negotiate prices while requiring lower levels of government to order their requirements through the successful bidder at the price negotiated at the central level. The Special Rapporteur recommends streamlining guidelines at the national level to ensure better coordination and efficient decentralized procurement.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 53
- Paragraph text
- Accountability mechanisms are essential for addressing corrupt practices, especially in the selection, procurement and registration of medicines. The States, civil society and pharmaceutical companies that participated in the Special Rapporteur's questionnaire raised concerns about corruption within the public procurement system. To prevent corruption in government procurement, different procurement functions of selection, quantification, pre-selection (eligibility) of suppliers and adjudication of tenders should be independently managed by different offices and trained individuals. Such separation of functions will allow for transparency and avoid potential conflict of interest.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 61
- Paragraph text
- An effective international framework is needed to hold the global food industry legally accountable for its actions. There is a need to create an international framework that binds States and casts responsibility on them to modify their domestic laws for reduction and prevention of diet-related NCDs. The Framework Convention on Tobacco Control could be used as a foundation on which an international framework for accountability and monitoring of the food and beverage industry can be built. The international community also needs to ensure that food corporations driven by commercial interests do not undermine the efforts of States to realize the enjoyment of the highest attainable standard of health.
- Legal status
- Non-negotiated soft 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)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2014
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 62
- Paragraph text
- However, mere political consensus may not be sufficient to attain a reduction in diet-related NCDs. States, intergovernmental organizations and non-governmental organizations should come together to combat this epidemic. States need to have a time-bound plan outlining concrete steps to be taken individually and jointly to progressively attain a global and domestic reduction in the burden of diet-related NCDs. To operationalize this goal, States should formulate indicators, benchmarks and global and domestic accountability mechanisms. States should also allocate sufficient resources to reduce and prevent the obesity epidemic as well as the increasing burden of diet-related NCDs.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2014
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. 70
- Paragraph text
- The Special Rapporteur is pleased to note that some States are already challenging the inequities of the current investor-State dispute settlement regime. For example, Ecuador amended its Constitution to prohibit entry into instruments that waive its sovereign jurisdiction in the arbitration of disputes with private individuals or corporations. Consequently, the country withdrew from the Convention on the Settlement of Disputes between States and Nationals of Other States, followed by the Plurinational State of Bolivia and the Bolivarian Republic of Venezuela.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
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. 71
- Paragraph text
- There is a need to further clarify the issues of justiciability, progressive realization and enforcement of the right to health. This will help in highlighting the important role of the right to health in the individual's ability to live with dignity. It will also facilitate better planning and implementation of health-related policies. In the context of the current political and economic climate dominated by transnational corporations, steps should be taken to ensure that there are binding legal human rights obligations on transnational corporations towards individuals.
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 23
- Paragraph text
- To address the issue of aggressive marketing, some States have supported self-regulation and have allowed food companies to voluntarily regulate their practices related to marketing and nutritional content of unhealthy foods to children. Companies often voluntarily adopt self-formulated guidelines and standards to restrict Government regulation and respond public demands. They have also taken joint initiatives and formulated guidelines for member companies to restrict advertising and promoting practices with respect to children. However, self-regulation by companies has not had any significant effect on altering food marketing strategies. Due to a variety of reasons, such as the non-binding nature of such self-regulation, lack of benchmarks and transparency, inconsistent definition of children and different nutrition criteria, companies may be able to circumvent guidelines, blunting the intended effect of marketing guidelines they instituted.
- Legal status
- Non-negotiated soft 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
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2014
Paragraph
Work of the mandate and priorities of the SR 2015, para. 29
- Paragraph text
- During the past 12 years, the work of the mandate has also paid special attention to two other key elements of the analytical right-to-health framework: monitoring and accountability. Without monitoring and accountability, all human rights norms and obligations are likely to become empty promises. Accountability in respect of the right to health and a health system is often quite weak (see A/63/263). Judicial accountability has been highlighted by the work of the mandate (see A/69/299) but other forms of accountability, such as health impact assessments, have also been addressed, including during country visits (Romania, Sweden and Uganda).
- Legal status
- Non-negotiated soft 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 70
- Paragraph text
- The Special Rapporteur is concerned that primary care and the modern public health approach often lose the battle for resources to the biomedical model and vertical programmes of treatment of diseases through specialized health care. When resources are allocated to specialized health care, that may reinforce power asymmetries and funding imbalances, which often favour powerful groups representing vested interests in the health sector and industry. States, when meeting their obligation to protect, respect and fulfil the enjoyment of the right to health, should be aware of, and be willing and able to address, such power asymmetries. They should also provide mechanisms for independent monitoring, as such mechanisms are essential tools in ensuring accountability.
- Legal status
- Non-negotiated soft 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
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 8
- Paragraph text
- The many synergies between the Sustainable Development Goals and the right to health notwithstanding, there are a number of challenges. Many of the health-related targets are reductive in their approach and do not reflect critical right-to-health elements. A superficial interpretation of the health indicators threatens to undermine the fulfilment of right-to-health obligations, for example to ensure that health-care coverage is not merely expanded but that it meets critical right-to-health requirements, including availability, accessibility, acceptability and quality. Many of the Goals' health-related targets and indicators focus narrowly on biomedical aspects, despite the requirement to ensure that health promotion and primary care are grounded in human rights and modern public health principles. The commitments made in the Declaration of Alma-Ata and the Ottawa Charter for Health Promotion, 1986, should be reaffirmed and revitalized by all stakeholders, and the ninth Global Conference on Health Promotion should serve that purpose.
- Legal status
- Non-negotiated soft 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
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph