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Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 66
- Paragraph text
- Some countries have enacted laws that criminalize mother-to-child transmission explicitly (see paragraph 54 above) or implicitly due to overly broad drafting of the law. Where the right to access to appropriate health services (such as comprehensive prevention of mother-to-child transmission services and safe breastfeeding alternatives) is not ensured, women are simply unable to take necessary precautions to prevent transmission, which could place them at risk of criminal liability. In 2008, only 45 per cent of pregnant women living with HIV in sub-Saharan Africa and only 25 per cent in South and East Asia had access to prevention of mother-to-child transmission 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
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 33
- Paragraph text
- The Convention on the Rights of the Child extensively provides for the right of the child to the enjoyment of the highest attainable standard of health (art. 24). In that same article, obligations are placed on States to make every effort "to ensure that no child is deprived of his or her right of access to such health care services" by, inter alia, providing children with "necessary medical assistance and health care" and ensuring "appropriate prenatal and post-natal healthcare for mothers".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2010
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 67
- Paragraph text
- In Sierra Leone, a person infected with HIV (and aware of the fact) must "take all reasonable measures and precautions to prevent the transmission of HIV to others and in the case of pregnant women, the foetus", with criminal sanctions imposed for failure to do so. It is unclear what "all reasonable measures and precautions" in the case of prevention of mother-to-child transmission would include, and whether such standards are clearly articulated and understood by health-care providers and pregnant women themselves to ensure that an informed decision can be made. Given the complexity of guidance on the suitability of breastfeeding, decisions on infant feeding options involve a complex balancing of risks and benefits, and require that the mother be provided with accurate, comprehensible information. In this instance, the criminal law has the potential to punish women for the inadequacy of the government in providing appropriate services and education.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 35
- Paragraph text
- In general, the constraints on the rights of adult migrants immediately have an adverse impact on the rights of their children, and in the long term, may inhibit the children's development. Reports suggest that poor working and economic conditions for migrant adults affect the general health and welfare of their children, as manifested in the birth of premature babies and increased risks of serious illness or death. Further, where migrant parents are deprived of health care, their children will also likely be deprived of such care.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Families
- Infants
- Persons on the move
- Year
- 2010
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 104
- Paragraph text
- States should uphold the principle of avoiding statelessness and enforce legal norms at the national and international levels to reduce statelessness resulting from the failure to register the birth of a child, including because of the fears associated with the criminalization of irregular migration. States should take effective measures to guarantee the birth registration of children born outside their parents' country of origin, regardless of the parents' immigration status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Infants
- Persons on the move
- Year
- 2010
Paragraph
Sexual education 2010, para. 73
- Paragraph text
- Although fathers and mothers are free to choose the type of education that their sons and daughters will have, this authority may never run counter to the rights of children and adolescents, in accordance with the primacy of the principle of the best interests of the child. This implies a need to create forums in which all options and opinions can be discussed within the education process. Particularly in the case of sexual education, people have the right to receive high-quality scientific information that is unprejudiced and age-appropriate, so as to foster full development and prevent possible physical and psychological abuse.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 2010
Paragraph
Effective Implementation of the OPSC 2010, para. 79
- Paragraph text
- Birth registration provides an official record of a child's existence and nationality and is considered a fundamental right under article 7 of the Convention on the Rights of the Child. Birth registration should be free and universal.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Infants
- Year
- 2010
Paragraph
Effective Implementation of the OPSC 2010, para. 40
- Paragraph text
- [Poverty takes an especially heavy toll on children, as evidenced by the following figures cited by UNICEF:] 4 million newborns worldwide are dying in the first month of life;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Infants
- Year
- 2010
Paragraph
Effective Implementation of the OPSC 2010, para. 40
- Paragraph text
- [Poverty takes an especially heavy toll on children, as evidenced by the following figures cited by UNICEF:] 22 million infants are not protected from diseases by routine immunization;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Poverty
- Person(s) affected
- Infants
- Year
- 2010
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 38
- Paragraph text
- In certain jurisdictions, pregnant women have been prosecuted for various types of conduct during pregnancy. A number of prosecutions have occurred in relation to the use of illicit drugs by pregnant woman, including under pre-existing laws relating to child abuse, attempted murder, manslaughter and criminally negligent homicide. Criminal laws have also been used to prosecute women for other conduct, including alcohol use during pregnancy, the birth of stillborn babies or the miscarriage of a foetus (see A/HRC/17/26/Add.2, para. 68), failing to follow a doctor's orders, failing to refrain from sexual intercourse, and concealment of the birth.
- 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
- Violence
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2011
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 37
- Paragraph text
- Maternal health, prenatal and post-natal care, and access to information, are all elements of the right to health elaborated under General Comment No. 14. Additionally, article 10.2 of the International Covenant on Economic, Social and Cultural Rights provides that special protection should be accorded to mothers. The Convention on the Elimination of All Forms of Discrimination against Women also recognizes that women should be provided with appropriate services in connection with pregnancy. In chapter VII.A., the Programme of Action of the International Conference on Population and Development observes that reproductive health includes access to services that enable women to go through pregnancy and childbirth safely. Despite these positive obligations to support women during pregnancy and post-birth, certain States have proposed or enacted criminal laws or other legal restrictions prohibiting certain forms of conduct, which infringe the right to health of affected women.
- 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
- Infants
- Women
- Year
- 2011
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 39
- Paragraph text
- In some instances, civil legislation related to child welfare has been expanded to include punitive sanctions for prenatal drug exposure, where such exposure may provide a ground for the termination of parental rights and the removal of the child upon birth. A pregnant woman's positive toxicology report or clinical signs of drug exposure in newborns, may be regarded as proof of child abuse or neglect under these legislative schemes. In some jurisdictions, health professionals are required to test pregnant women or newborns for drug exposure or may do so provided the woman is given notice. Others have enacted legislation authorizing the institutionalization of women who have used drugs during pregnancy. Health professionals may also be obliged to report positive drug-screening results to the Government.
- 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
- Infants
- Women
- Year
- 2011
Paragraph
The right to an adequate diet: the agriculture-food-health nexus 2012, para. 8
- Paragraph text
- Like undernutrition, micronutrient deficiency or "hidden hunger" is a violation of a child's right to a standard of living adequate for the child's physical and mental development, and to the enjoyment of the highest attainable standard of health, recognized under article 6, paragraph 2, and article 24, paragraph 2 (c), of the Convention on the Rights of the Child. The environment, not genetics, explains differences in child development between regions. The WHO Child Growth Standards demonstrate that infants and children from geographically diverse regions of the world experience very similar growth patterns when their health and nutrition needs are met, so that all children have in principle the same development potential. States, therefore, have a duty to support exclusive breastfeeding for six months and continued breastfeeding, combined with adequate complementary foods, until the second birthday of the child; and to establish food systems that can ensure each individual's access not only to sufficient caloric intake, but also to sufficiently diverse diets, providing the full range of micronutrients required.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2012
Paragraph
The right to an adequate diet: the agriculture-food-health nexus 2012, para. 16
- Paragraph text
- First, it is troubling that the 1981 International Code of Marketing of Breast-milk Substitutes and subsequent World Health Assembly (WHA) resolutions remain under-enforced, despite the wide recognition that exclusive breastfeeding for the six first months and continued breastfeeding, combined with safe and adequate complementary foods, up to 2 years old or beyond is the optimal way of feeding infants, and reduces the risk of obesity and NCDs later in life. Countries committed to scaling up nutrition should begin by regulating the marketing of commercial infant formula and other breast-milk substitutes, in accordance with WHA resolution 63.23, and by implementing the full set of WHO recommendations on the marketing of breast-milk substitutes and of foods and non-alcoholic beverages to children, in accordance with WHA resolution 63.14.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2012
Paragraph
The right to an adequate diet: the agriculture-food-health nexus 2012, para. 17
- Paragraph text
- Second, the focus on pregnant and lactating women and infants in some recent nutrition initiatives, while understandable, should not lessen the need to address the nutritional needs of others, including children, women who are not pregnant or lactating, adolescents and older persons. The right to adequate food, which includes adequate nutrition, is a universal right guaranteed to all. This pleads in favour of broad-based national strategies for the realization of the right to food that address the full range of factors causing malnutrition, rather than narrowly focused initiatives that address the specific needs of a child's development between conception and the second birthday.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Adolescents
- Children
- Infants
- Women
- Year
- 2012
Paragraph
Gender-related killings of women 2012, para. 80
- Paragraph text
- In the case of India, international attention has been drawn to the vast divergence in the country's natural gender ratio, with estimates that in 2003 100 million women were "missing" from its population. It is estimated that one million selective female foetal abortions occur annually in India. There is no official statistical data available on female infanticide, but in the state of Kerala, it is estimated that about 25,000 female newborns are killed every year. The preadolescent mortality rate of girls under 5 years old was 21 per cent higher than for boys of the same age in India. Violence, as well as nutritional and deliberate medical neglect by girls' parents, was cited as the main causes of death.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Person(s) affected
- Boys
- Girls
- Infants
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 100
- Paragraph text
- The minimum age cannot be applied if there is no proper birth and marriage registration in the country. Registration of births should be compulsory even if the marriages of the parents are not registered.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Families
- Infants
- Year
- 2012
Paragraph
Servile marriage 2012, para. 103
- Paragraph text
- States should also increase and improve access to reproductive health services and information, in particular for girls and women, including access to family planning. Health information tailored to young mothers about proper nutrition and care for their health and the health of their babies should be made available. Access to reproductive health care for women and girls in urban and rural areas needs to be increased and improved by ensuring that adequate resources and health-care experts are available.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Infants
- Women
- Youth
- Year
- 2012
Paragraph
The right to an adequate diet: the agriculture-food-health nexus 2012, para. 46
- Paragraph text
- Premature deaths resulting from non-communicable diseases linked to bad diets are deaths that can be avoided, and States have a duty to protect in this regard. By implementing the Global Strategy for Infant and Young Child Feeding and the Global Strategy on Diet, Physical Activity and Health, as well as the Political Declaration of the High-level Meeting of the General Assembly on the Prevention and Control of Non-communicable Diseases, States are not only making political commitments but also discharging their duty under international human rights law to guarantee the right to adequate food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2012
Paragraph
The right to an adequate diet: the agriculture-food-health nexus 2012, para. 37
- Paragraph text
- Governments have become aware of the adverse impacts of the spread of non-communicable diseases, caused by suboptimal breastfeeding and young child feeding and unhealthy diets, and they recognize the urgent need to take action. In 2002 and 2004, respectively, WHA adopted the Global Strategy for Infant and Young Child Feeding and the Global Strategy on Diet, Physical Activity and Health. The latter recommends, inter alia, reducing energy intake from total fats, shifting fat consumption away from saturated fats to unsaturated fats, and eliminating trans-fatty acids; increasing the consumption of fruits and vegetables, legumes, whole grains and nuts; limiting the intake of free sugars; limiting salt consumption and ensuring that all salt is iodized. States are encouraged to adopt a national strategy on diets and physical activity; to provide accurate and balanced information to consumers; to align food and agricultural policies with the requirements of public health; and to use school policies and programmes to encourage healthy diets. Infant food manufacturers are expected to comply with provisions of the International Code of Marketing of Breast-milk Substitutes and subsequent relevant WHA resolutions and manufacture their products according to Codex Alimentarius standards. The agrifood industry is expected to reduce the fat, sugar and salt content of processed foods and portion sizes, to increase nutritious and healthy choices, and to review their marketing practices. More recently, in 2011, Governments pledged to promote, protect and support breastfeeding and strengthen the implementation of the International Code and to "reduce the impact of the common non-communicable disease risk factors," including unhealthy diets, by implementing "relevant international agreements and strategies, and education, legislative, regulatory and fiscal measures."
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2012
Paragraph
The right to an adequate diet: the agriculture-food-health nexus 2012, para. 25
- Paragraph text
- The requirement of non-discrimination ensures that interventions are targeted, with a focus on the most vulnerable and marginalized groups, and that they are gender sensitive. Finally, the adoption of national strategies for the realization of the right to food by Governments through participatory means should ensure that the needs of all groups are identified, including those of pregnant and lactating women and infants, and actions planned to address those needs. Such strategies should also link efforts to improve nutrition during early childhood with later life, adopting a life-course perspective as recommended by WHO, in order to take into account, for instance, that in contrast to breastfeeding, formula feeding may be a cause of obesity; they should facilitate inter-departmental coordination, recognizing that the right to adequate diets requires a collaborative effort across all government; and they should create a stable, multi-year framework, providing the necessary conditions both for private investment and for a continued effort of government.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Gender
- Health
- Person(s) affected
- Infants
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Make all efforts necessary to register all children immediately after birth, and identify and remove barriers that impede the access of the poor to registration, in particular groups that suffer multiple forms of discrimination; registration must be free, simple and available at the local level
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Infants
- Year
- 2012
Paragraph
Gender-related killings of women 2012, para. 78
- Paragraph text
- Female infanticide has been practiced throughout history, on all continents, and by persons from all backgrounds. It remains a critical concern in a number of countries today. It is closely linked to the phenomenon of sex-selective abortion, which targets female foetuses. Female infanticide has been known to take such forms as the induced death of infants by suffocation, drowning, neglect and exposure to danger or other means.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Girls
- Infants
- Year
- 2012
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 56
- Paragraph text
- There are no universally agreed upon standards for determining which circumstances warrant a child living in prison, and there is considerable variation between countries. On the whole, most countries have instituted policies that base this decision on the age of the child. The inherent paradox is articulated as "Prisons are not a safe place for pregnant women, babies and young children, and [but] it is not advisable to separate babies and young children from their mother." Support services, such as nurseries, schooling and social therapy, are offered to children in some prisons.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2013
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 80
- Paragraph text
- Allowing infants and young children to live with their incarcerated parents reduces some risks associated with separation, if implemented with adequate safeguards, proper infrastructure and necessary resources. Co-residence in prisons and community-based programmes provide two alternatives to separation in the early years of a child's life. Italy and Argentina allow for house arrest if certain conditions are met, and Italy further offers an alternative work programme for mothers with children under the age of 10. In Canada, one prison allows some women to stay with their children in on-site trailers for two nights a week. In one Sierra Leone prison that lacked dedicated infrastructure for co-residence, infants frequently became ill due to the conditions in prison and the spread of contagious diseases. In Finland, mothers at two prisons complained that the childcare services were insufficient, and sometimes their requests for health services for their children were denied for "arbitrary reasons".
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Children
- Families
- Infants
- Women
- Year
- 2013
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 122c
- Paragraph text
- [To that end, the Special Rapporteur recommends the following actions:] Ensure that children's births are registered; and ensure that vulnerable children are identified early and that they have an adequate standard of living and free access to health care and health services, education and social security;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Infants
- Year
- 2013
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 33
- Paragraph text
- Lack of birth registration is another significant risk factor since it makes a child officially invisible. It also constitutes a barrier to accessing the social services that are critical for prevention, including health and education.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Infants
- Year
- 2013
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 52
- Paragraph text
- Inadequate quantities and poor nutritional value of foods is an issue in many countries. It can result in starvation and malnourishment, including for pregnant or nursing women; it can become a commodity traded for sex; denial of food can be used as a form of punishment; because of limited quantities, it can lead to fights; and the poor quality and nutritional value may endanger the health of inmates, including impacting the ability of mothers to breastfeed babies.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- Infants
- Women
- Year
- 2013
Paragraph
Vision of the mandate 2014, para. 36
- Paragraph text
- The first five years of life are the most important period of human development, with the first 1,000 days requiring special attention. Ensuring that a child receives adequate nutrition during that window of 1,000 days can have a profound impact on his or her ability to grow. It can also shape the long-term health, stability and prosperity of a society. Stunting, caused by chronic undernutrition early in a child's life, affects some 165 million children around the world. It was estimated that in 2011 more than one in every four children under five years of age in the developing world was stunted. Sub-Saharan Africa and South Asia are the two regions where stunting continues to be highly prevalent, with low-income countries experiencing the highest levels. Undernutrition magnifies the effects of every disease, including measles and malaria, while malnutrition can also be caused by certain illnesses which reduce the ability of the body to convert food into usable nutrients.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2014
Paragraph
Vision of the mandate 2014, para. 38
- Paragraph text
- Although issues of undernutrition are often framed in terms of disability prevention, good nutrition is also vital for those who already live with a disability. Infants and children with disabilities suffer the same ill-effects of undernutrition as those without: poorer health outcomes; missing or delayed developmental milestones; avoidable secondary impairments; and, in extreme circumstances, premature death. The exclusion of children and adults with disabilities from nutritional outreach efforts on the basis of the incorrect belief that preserving the life of a child or adult with a disability is of lower priority than preserving the life of someone who is not disabled must be addressed by tackling such discriminatory social and cultural norms which advocate this.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Infants
- Persons with disabilities
- Year
- 2014
Paragraph