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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 10
- Paragraph text
- Other myths seek an explanation in existing traditional beliefs associated with childbirth. It has been reported, for example, that the birth of children with albinism could be linked to the "snake inside the woman" turning away from that pregnancy. The snake is considered the protector of the pregnancy, monitoring it. Other explanations are that a child born with albinism was conceived when a woman had intercourse while she was menstruating. Further, some mythological beliefs seek to explain the condition by advancing that the mother of the child with albinism was struck by lightning or that albinism occurs when a mother does not consume enough salt in her diet.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Vision for the mandate 2016, para. 38
- Paragraph text
- Studies often link the prevalence of skin cancer to factors such as the lack of basic understanding of albinism, particularly by persons with albinism and their families. For example, it is not uncommon for parents to put a newborn with albinism out in the sun for hours. Displaced persons with albinism are exposed to a heightened risk of skin cancer as they are mostly outside of their usual environment and have limited means to address their health needs. Also at particular risk of developing skin cancer are persons with albinism who work outdoors, such as farmers or traders. Such outdoor occupations also emphasize the link between the risk of contracting skin cancer and poverty.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Infants
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Vision of the mandate 2014, para. 39
- Paragraph text
- Maintaining breast-feeding programmes, especially in countries experiencing the HIV epidemic poses a major challenge. The Special Rapporteur intends to coordinate with the United Nations Children's Fund the World Health Organization and other relevant stakeholders to help develop policies for strengthening specific programmes for young children. She also encourages States to fully implement the Global Strategy on Infant and Young Child Feeding, to position breastfeeding as the norm and to respect and promote community-based food sovereignty approaches to complementary feeding. The International Code of Marketing of Breast-milk Substitutes, adopted by the World Health Assembly at its thirty-fourth session in 1981 as a minimum requirement to protect and promote appropriate infant and young child feeding, should also be supplemented by further monitoring and regulation to ensure that companies responsible for the production of baby food follow similar quality control regulations for domestic use to those for export products.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Vision of the mandate 2014, para. 41
- Paragraph text
- A right-to-food approach requires that States fulfil their obligation to ensure that safe, nutritionally adequate and culturally acceptable food is available; they must also respect and protect consumers and promote good nutrition for all. The Voluntary Guidelines, in particular Guidelines 9, on food safety and consumer protection, and 10, on nutrition, can guide States in the establishment and maintenance of effective food and nutrition policies, thereby increasing the protection of the most vulnerable from unsafe food and inadequate diets, while helping to combat overweight and obesity. The Convention on the Rights of the Child indicates that access to adequate nutrition, including family support for optimal feeding practices, is a right that should be supported for every child. The Special Rapporteur believes that increased focus must be placed on mother and child nutrition as the core of a healthy start in life, with the correlation between infant and young child feeding and food security being treated as a priority in all global food and nutrition security programmes and with formal recognition at the international and national level, including in legal frameworks.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Right to food and nutrition 2016, para. 69
- Paragraph text
- In the technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce and eliminate preventable mortality and morbidity of children under 5 years of age (A/HRC/27/31) Member States are urged to regulate private actors over which they exercise control, including producers and marketers of breast milk substitutes and other relevant companies (para. 70 (g)). The Committee on the Rights of the Child, in its general comment No. 15, also calls upon private companies to comply with the International Code of Marketing of Breast-milk Substitutes and relevant World Health Assembly resolutions. In its most recent resolution on ending inappropriate promotion of foods for infants and young children, adopted in May 2016, the World Health Assembly called upon manufacturers and distributors of foods for infants and young children to end all forms of inappropriate promotion.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to food and nutrition 2016, para. 3
- Paragraph text
- Recognizing the growing threat of malnutrition in all its forms and its negative impacts on economic development, universal health and efforts to reduce inequality, the international community has taken major initiatives to ensure global policy action. The World Health Organization (WHO) global targets to improve maternal, infant and young child nutrition by 2025, the Global Action Plan for the Prevention and Control of Non-Communicable Diseases 2013-2020 and the political commitments made at the Second International Conference on Nutrition, in 2014, to ensure the right of everyone to safe, sufficient and nutritious food are encouraging responses. It is now also recognized that nutrition plays a crucial role in fulfilling the 2030 Agenda for Sustainable Development.
- 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
- Youth
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to food and nutrition 2016, para. 16
- Paragraph text
- Breastfeeding is a powerful influence on child survival and development and prevention of child malnutrition. It provides optimal nutrition for young infants, reducing the incidence and severity of infectious diseases and contributing to obesity prevention. Breastfed babies are protected from illnesses through the mother's antibodies, while those who are not are exposed to increased chances of malnutrition, non-communicable diseases and suboptimal cognitive development. In addition, infant formula and other breast milk substitutes can cause poor growth or illness if water quality and hygiene standards are not met.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to food and nutrition 2016, para. 17
- Paragraph text
- WHO recommends breastfeeding within one hour of birth and exclusive breastfeeding for the first six months of life. Nutritionally adequate and safe complementary foods should be introduced at 6 months of age, together with continued breastfeeding up to 2 years of age or beyond. Yet only about 36 per cent of infants between 0 and 6 months old are exclusively breastfed. In high-income countries, fewer than one in five infants are breastfed for 12 months, and only two out of three children between 6 months and 2 years of age receive breast milk in low- and middle-income countries. These rates have not improved in two decades. In addition, few children receive nutritionally adequate and safe complementary foods. A total of 823,000 children's lives could be saved yearly if all children between 0 and 23 months were optimally breastfed. One of the major obstacles to breastfeeding is the misleading marketing by baby food companies of breast milk substitutes and the lack of corporate accountability for the adverse consequences of such abuses.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to food and nutrition 2016, para. 56
- Paragraph text
- The Global Alliance for Improved Nutrition is one of the leading private networks focusing on malnutrition reduction, mainly through fortification, supported largely by the Bill and Melinda Gates Foundation. Several allegations of conflict of interest have been made against the Alliance. In particular, organizations working to address infant malnutrition questioned whether its work was motivated primarily by efforts to open new markets for its members. An effective, independent evaluation mechanism is needed for balancing private sector involvement in nutrition policies.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- Infants
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to food and nutrition 2016, para. 64
- Paragraph text
- Children and pregnant and lactating women enjoy even further protections. The Convention on the Rights of the Child confirms that, to ensure the full implementation of a child's right to enjoy the highest attainable standard of health, States must take appropriate measures to combat disease and malnutrition through, inter alia, the provision of "adequate nutritious foods" (art. 24 (2) (c)) and that in case of need they must provide material assistance and support programmes, including with regard to nutrition (art. 27 (3)). The Convention also calls for the protection and promotion of exclusive breastfeeding for infants up to 6 months of age, and for breastfeeding to continue alongside appropriate complementary foods preferably until 2 years of age.
- 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
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 28
- Paragraph text
- The Special Rapporteur on Prisons and Conditions of Detention in Africa of the African Commission on Human and Peoples' Rights noted in a 2001 report on prisons in Malawi that prisons were not safe place for pregnant women, babies and young children and that it was not advisable to separate babies and young children from their mothers. Even very short periods in detention settings can undermine a child's psychological and physical well-being, compromise cognitive development and result in higher rates of suicide, self-harm, mental disorders and developmental problems (A/HRC/28/68). Children living in prison with their mothers may be at heightened risk of suffering violence, abuse and conditions of confinement that amount to torture or ill-treatment. In this context, the imprisonment of pregnant women and women with young children must be reduced to a minimum.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Integrating a gender perspective in the right to food 2016, para. 63
- Paragraph text
- Women remain more vulnerable than men in post-disaster situations, as their household responsibilities increase while access to resources decreases. The daily work involved in providing food, water, and fuel for households after a disaster requires intensive labour, the bulk of which is borne by women. Moreover, marketing interference with breastfeeding initiation and long-term prolongation jeopardizes women's ability to safely feed their infants and young children due to unreliable quality and quantity of safe drinking water, particularly in post-disaster situations.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Integrating a gender perspective in the right to food 2016, para. 68
- Paragraph text
- Impacts of decreased water quality as a result of climate change are also gender differentiated. Children and pregnant women are more physically vulnerable to waterborne diseases and their role in supplying household water and performing domestic chores makes them more vulnerable to developing diseases, such as diarrhea and cholera, which thrive in degraded water. Decreased water resources may also cause women's health to suffer as a result of the increased work burden and reduced nutritional status. For instance, in Peru following the 1997-98 El Niño events, malnutrition among women was a major cause of peripartum illness.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Health
- Water & Sanitation
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Effects of pesticides on the right to food 2017, para. 25
- Paragraph text
- Pregnant women who are exposed to pesticides are at higher risk of miscarriage, pre-term delivery and birth defects. Studies have regularly found a cocktail of pesticides in umbilical cords and first faeces of newborns, proving prenatal exposure. Exposure to pesticides can be transferred from either parent. The most critical period for exposure for the father is three months prior to conception, while maternal exposure is most dangerous from the month before conception through the first trimester of pregnancy. Recent evidence suggests that pesticide exposure by pregnant mothers leads to higher risk of childhood leukaemia and other cancers, autism and respiratory illnesses. For example, neurotoxic pesticides can cross the placental barrier and affect the developing nervous system of the fetus, while other toxic chemicals can adversely impact its undeveloped immune system.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Person(s) affected
- Infants
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Effects of pesticides on the right to food 2017, para. 82
- Paragraph text
- One of the most catastrophic incidents involving pesticides occurred in 1984 in Bhopal, India, where approximately 45 tons of methyl isocyanate gas leaked from a Union Carbide plant as a result of negligence, immediately killing thousands of people and resulting in serious health issues and premature deaths for tens of thousands living in the vicinity. Epidemiological studies conducted soon after the accident showed significant increases in pregnancy loss, infant mortality, decreased fetal weight, chromosomal abnormalities, impaired associate learning and respiratory illnesses.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- Infants
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 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
- Date added
- Aug 19, 2019
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 8
- Paragraph text
- Some 17,000 children under 5 years of age continue to die every day, mainly from preventable or treatable causes. In addition, 44 per cent of deaths of children under 5 occur in babies aged 0-28 days. The neonatal deaths result mainly from preterm birth complications (35 per cent), birth asphyxia and trauma (24 per cent) and sepsis (15 per cent). From 29 days until 5 years of age, the majority of deaths are attributable to infectious diseases such as pneumonia (23 per cent), diarrhoeal diseases (16 per cent), malaria (13 per cent) and HIV/AIDS (3 per cent).
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2015
- Date added
- Aug 19, 2019
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