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The equal sharing of responsibilities between women and men, including caregiving in the context of HIV/AIDS 2009, para. 15jj
- Paragraph text
- [The Commission urges Governments, [...] to take the following actions [...]:] (jj) Integrate gender perspectives into national HIV/AIDS policies and programmes, as well as into national monitoring and evaluation systems, taking into account the caregiving responsibilities of both women and men, including in community, family and home-based care, and ensure the full and active participation of caregivers, in particular women, including those living with HIV/AIDS, in decision-making processes;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Gender
- Health
- Person(s) affected
- Families
- Men
- Women
- Year
- 2009
- Date modified
- Mar 10, 2020
Paragraph
Elimination of all forms of discrimination and violence against the girl child 2007, para. 14.2.j
- Paragraph text
- [The Commission [...] urges Governments [...] to:] [14.2. Education and training] (j) Ensure that young women and men have access to information and education, including peer education, youth-specific HIV education and sexual education and services necessary for behavioural change, to develop the life skills required to reduce their vulnerability to HIV infection and reproductive ill health, in full partnership with young persons, parents, families, educators and health-care providers;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Education
- Gender
- Health
- Person(s) affected
- Families
- Girls
- Men
- Youth
- Year
- 2007
- Date modified
- Mar 10, 2020
Paragraph
Women, the girl child and human immunodeficiency virus/acquired immunodeficiency syndrome 2001, para. 2d
- Paragraph text
- [Actions to be taken by Governments, the United Nations system and civil society, as appropriate]: Take measures to integrate, inter alia, a family-based approach in programmes aiming at providing prevention, care and support to women and girls infected and affected by HIV/AIDS; as well as take measures to integrate a community-based approach in policies and programmes aimed at providing prevention, care and support to women and girls infected and affected by HIV/AIDS;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Families
- Girls
- Women
- Year
- 2001
- Date modified
- Mar 10, 2020
Paragraph
Women, the girl child and human immunodeficiency virus/acquired immunodeficiency syndrome 2001, para. 3b
- Paragraph text
- [Actions to be taken by Governments, the United Nations system and civil society, as appropriate]: Request Governments to work to provide comprehensive health care for women and girls living with HIV/AIDS, including dietary and food supplements and treatment for opportunistic infections and full, equal, non-discriminatory and prompt access to health care and health services, including sexual and reproductive health, voluntary and confidential counselling, taking into account the rights of the child to access to information, privacy, confidentiality, respect and informed consent and the responsibilities, rights and duties of parents and legal guardians;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Girls
- Women
- Year
- 2001
- Date modified
- Mar 10, 2020
Paragraph
Child and dependant care, including sharing of work and family responsibilities 1996, para. 12b
- Paragraph text
- [Action is needed to:] (b) Promote laws on maternity leave;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Families
- Year
- 1996
- Date modified
- Mar 10, 2020
Paragraph
Fertility, reproductive health and development 2011, para. 38
- Paragraph text
- Calls upon the international community to assist Governments in reducing unmet needs for family planning by increasing financial resources for the implementation of the Programme of Action of the International Conference on Population and Development, especially in the area of family planning and commodities within primary health-care systems, ensuring that funding lines for family planning programmes and commodities are included in national budget formulations and that funding enables the development of quality, comprehensive and integrated reproductive health programmes;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Year
- 2011
- Date modified
- Mar 10, 2020
Paragraph
The contribution of the Programme of Action of the International Conference on Population and Development to the internationally agreed development goals, including the Millennium Development Goals 2009, para. 21
- Paragraph text
- Recognizes the dire need to increase financial resources for the implementation of the Programme of Action of the International Conference on Population and Development, particularly for family planning, and calls upon the international community to assist Governments in this regard, to increase funding to reduce unmet needs for family planning, which is far below suggested targets, and to ensure that funding lines for family planning programmes and commodities are included in national budget formulations and that development funding enables the development of quality, comprehensive and integrated reproductive health programmes;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Year
- 2009
- Date modified
- Mar 10, 2020
Paragraph
The contribution of the Programme of Action of the International Conference on Population and Development to the internationally agreed development goals, including the Millennium Development Goals 2009, para. 26
- Paragraph text
- Encourages Governments, including through technical and financial support and cooperation, to prevent and address, as a matter of priority, deaths and complications related to pregnancy and childbirth, which are still the leading cause of death of women of reproductive age in many developing countries, recognizing that maternal mortality and morbidity have shown very little decline in the least developed countries, that the lack of safe motherhood services is still one of the world's urgent concerns and that reducing maternal mortality and morbidity saves women's lives, protects family health, alleviates poverty and improves opportunities for the next generations;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Health
- Poverty
- Person(s) affected
- Families
- Women
- Year
- 2009
- Date modified
- Mar 10, 2020
Paragraph
Elimination and prevention of all forms of violence against women and girls 2013, para. 34lll
- Paragraph text
- [The Commission urges governments, at all levels[...] to take the following actions:] [Strengthening multisectoral services, programmes and responses to violence against women and girls]: Expand the availability of health-care services, and in particular, strengthen maternal and reproductive health centres, as key entry points that provide support, referrals to services and protection to families, women and girls at risk of violence, especially sexual violence, and which provide support to adolescents in order to avoid early and unintended pregnancies and sexually transmitted infections, through education, information and access to sexual and reproductive health-care services;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Gender
- Health
- Violence
- Person(s) affected
- Adolescents
- Families
- Girls
- Women
- Year
- 2013
- Date modified
- Mar 10, 2020
Paragraph
European Social Charter (Revised) 1996, para. 1c
- Paragraph text
- With a view to ensuring the effective exercise of the right of children and young persons to grow up in an environment which encourages the full development of their personality and of their physical and mental capacities, the Parties undertake, either directly or in co-operation with public and private organisations, to take all appropriate and necessary measures designed: 1c. to provide protection and special aid from the state for children and young persons temporarily or definitively deprived of their family's support;
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Youth
- Year
- 1996
- Date modified
- Mar 10, 2020
Paragraph
European Social Charter (Revised) 1996, para. 2
- Paragraph text
- With a view to ensuring the effective exercise of the right of migrant workers and their families to protection and assistance in the territory of any other Party, the Parties undertake: 2. to adopt appropriate measures within their own jurisdiction to facilitate the departure, journey and reception of such workers and their families, and to provide, within their own jurisdiction, appropriate services for health, medical attention and good hygienic conditions during the journey;
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 1996
- Date modified
- Mar 10, 2020
Paragraph
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador” 1988, para. b
- Paragraph text
- Everyone affected by a diminution of his physical or mental capacities is entitled to receive special attention designed to help him achieve the greatest possible development of his personality. The States Parties agree to adopt such measures as may be necessary for this purpose and, especially, to: b. Provide special training to the families of the handicapped in order to help them solve the problems of coexistence and convert them into active agents in the physical, mental and emotional development of the latter;
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 1988
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 138. The information received by the national Bureau and transmitted by it shall be of such a character as to make it possible to identify the protected person exactly and to advise his next of kin quickly. The information in respect of each person shall include at least his surname, first names, place and date of birth, nationality last residence and distinguishing characteristics, the first name of the father and the maiden name of the mother, the date, place and nature of the action taken with regard to the individual, the address at which correspondence may be sent to him and the name and address of the person to be informed. Likewise, information regarding the state of health of internees who are seriously ill or seriously wounded shall be supplied regularly and if possible every week.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- Families
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 106. As soon as he is interned, or at the latest not more than one week after his arrival in a place of internment, and likewise in cases of sickness or transfer to another place of internment or to a hospital, every internee shall be enabled to send direct to his family, on the one hand, and to the Central Agency provided for by Article 140, on the other, an internment card similar, if possible, to the model annexed to the present Convention, informing his relatives of his detention, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any way.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Corruption and the right to health 2017, para. 23
- Paragraph text
- The right to health is recognized in the Constitution of the World Health Organization (WHO) and protected by the Universal Declaration of Human Rights and international human rights treaties which are binding on States parties, including the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Additionally, regional human rights treaties and many domestic constitutions protect the right to health. These international treaties and domestic laws obligate States to take action to respect, protect and fulfil the right to health and to address corruption where it interferes with their right-to-health obligations. They should inform responses to corruption alongside other legal instruments, such as the United Nations Convention against Corruption.
- 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
- Families
- Persons on the move
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 52
- Paragraph text
- Community empowerment initiatives working with poor and marginalized communities have achieved extraordinary health outcomes, for example in the global fight to end HIV/AIDS (target 3.3) (E/HLPF/2016/2, para. 107). Economic and social empowerment, such as the decriminalization of sex work and sex worker mobilization, have improved health and identified critical health gaps (Goals 3 and 5). Community mobilization to attain adequate and stable housing for homeless people living with HIV can have life-saving implications for their health (targets 3.3 and 11.1). Efforts to empower parents in vulnerable situations through participatory parental education initiatives reduce the risk of negative health outcomes for their children (Goal 3 and targets 4.2, 5.2 and 16.2). When young girls have access to education, child mortality rates and girls' long-term health improve (Goals 3, 4 and 5) (A/70/213, para. 9). Investments in such initiatives place the human rights principles of autonomy and participation at the centre of public health policy and are critical components of an open, inclusive and peaceful society.
- 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
- Families
- Girls
- Youth
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
HIV/AIDS and the rights of the children 2003, para. 28
- Paragraph text
- The obligations of States parties under the Convention extend to ensuring that children have sustained and equal access to comprehensive treatment and care, including necessary HIV related drugs, goods and services on a basis of non-discrimination. It is now widely recognized that comprehensive treatment and care includes anti-retroviral and other drugs, diagnostics and related technologies for the care of HIV/AIDS, related opportunistic infections and other conditions, good nutrition, and social, spiritual and psychological support, as well as family, community and home-based care. In this regard, States parties should negotiate with the pharmaceutical industry in order to make the necessary medicines locally available at the lowest costs possible. Furthermore, States parties are requested to affirm, support and facilitate the involvement of communities in the provision of comprehensive HIV/AIDS treatment, care and support, while at the same time complying with their own obligations under the Convention. States parties are called upon to pay special attention to addressing those factors within their societies that hinder equal access to treatment, care and support for all children.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Year
- 2003
- Date modified
- Feb 14, 2020
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 53
- Paragraph text
- Follow-up. The following must always be clear: (a) who has responsibility for the child and family from reporting and referral all the way through to follow-up; (b) the aims of any course of action taken - which must be fully discussed with the child and other relevant stakeholders; (c) the details, deadlines for implementation and proposed duration of any interventions; and (d) mechanisms and dates for the review, monitoring and evaluation of actions. Continuity between stages of intervention is essential and this may best be achieved through a case management process. Effective help requires that actions, once decided through a participatory process, must not be subject to undue delay. The follow-up must be understood in the context of article 39 (recovery and reintegration), article 25 (periodic review of treatment and placements), article 6, paragraph 2 (right to development) and article 29 (aims of education which present intentions and aspirations for development). Contact of the child with both parents should be ensured in accordance with article 9, paragraph 3, unless this is contrary to the best interests of the child.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 42
- Paragraph text
- The death row phenomenon is a relatively new concept, albeit one that has become firmly established in international jurisprudence. It consists of a combination of circumstances that produce severe mental trauma and physical deterioration in prisoners under sentence of death. Those circumstances include the lengthy and anxiety-ridden wait for uncertain outcomes, isolation, drastically reduced human contact and even the physical conditions in which some inmates are held. Death row conditions are often worse than those for the rest of the prison population, and prisoners on death row are denied many basic human necessities. Examples of current death row conditions around the world include solitary confinement for up to 23 hours a day in small, cramped, airless cells, often under extreme temperatures; inadequate nutrition and sanitation arrangements; limited or non-existent contact with family members and/or lawyers; excessive use of handcuffs or other types of shackles or restraints; physical or verbal abuse; lack of appropriate health care (physical and mental); and denial of access to books, newspapers, exercise, education, employment, or other types of prison activity.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Water & Sanitation
- Person(s) affected
- Families
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 74
- Paragraph text
- Consequently, mining and quarrying communities often have a high rate of STIs (such as HIV and AIDS), teenage pregnancies and single-parent households. Chemical contamination from artisanal mining can be a risk to an unborn child or breastfeeding children.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Comprehensive child protection systems 2011, para. 30b
- Paragraph text
- [With regard to protection, care and child-friendly procedures, comprehensive legal frameworks should:] Provide child victims, witnesses and their families with adequate care, assistance and psychosocial support (including family support if needed) to ensure the full recovery and social reintegration of child victims;
- 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)
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Comprehensive child protection systems 2011, para. 42b
- Paragraph text
- [The most effective responses are multidisciplinary and take into account the various types of short-, mid- and long-term care and assistance that child victims require for their full recovery and reintegration. True efficacy requires that responses be:] Available to the child and her or his family;
- 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
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Comprehensive child protection systems 2011, para. 31c
- Paragraph text
- [With regard to prevention, comprehensive legal frameworks should:] Ensure that vulnerable children have an adequate standard of living, free access to health care and services, education and social security, and that their parents receive the necessary support;
- 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
- Families
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Comprehensive child protection systems 2011, para. 48b
- Paragraph text
- [Preventive measures should address critical socio-economic factors by:] Ensuring the availability of and access to socio-economic services, beginning with adequate food, housing, education and health care, for children at risk and their families, enabling them to live a life of dignity;
- 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
- Families
- Year
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 51
- Paragraph text
- A target on providing social protection to reduce the vulnerabilities of the poor, including marginalized groups, including migrants, is essential. Indicators could include the proportion of migrants with access to, and cross-border portability of, earned social benefits (e.g. pensions). Under article 9 of the International Covenant on Economic, Social and Cultural Rights, States recognize the right of everyone to social security. In its general comment No. 19, the Committee on Economic, Social and Cultural Rights defined the right to social security as encompassing "the right to access and maintain benefits, whether in cash or in kind, without discrimination in order to secure protection, inter alia, from (a) lack of work-related income caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family member; (b) unaffordable access to health care; (c) insufficient family support, particularly for children and adult dependents". It went on to say that "the right to social security includes the right not to be subject to arbitrary and unreasonable restrictions of existing social security coverage, whether obtained publicly or privately, as well as the right to equal enjoyment of adequate protection from social risks and contingencies".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 58
- Paragraph text
- Health workers and other professionals such as social workers have a very important role to play in supporting positive and responsive parenting. States should ensure that there are an adequate number of general practitioners, paediatricians, nurses and other relevant health-care professionals trained to work with children. The Special Rapporteur is concerned that the training and practice of medical doctors, nurses and other health professionals continues to focus predominantly on the biomedical determinants of health. Health-care services and all relevant professionals should be better equipped with relevant knowledge and practical skills to respond proactively to new knowledge about the negative impact of social determinants and early childhood adversities on the physical and mental health of children. For example, nurses and social workers, who visit families with young children should be trained to address issues related to the emotional and cognitive development of children and should be able to provide parents with the knowledge and basic skills necessary for nurturing and responsive parenting and non-violent ways of bringing up children.
- 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
- Families
- Youth
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Indigenous children and their rights under the Convention 2009, para. 34
- Paragraph text
- The Committee notes with concern that disproportionately high numbers of indigenous children live in extreme poverty, a condition which has a negative impact on their survival and development. The Committee is furthermore concerned over the high infant and child mortality rates as well as malnutrition and diseases among indigenous children. Article 4 obliges States parties to address economic, social and cultural rights to the maximum extent of their available resources and where needed with international cooperation. Articles 6 and 27 provide the right of children to survival and development as well as an adequate standard of living. States should assist parents and others responsible for the indigenous child to implement this right by providing culturally appropriate material assistance and support programmes, particularly with regard to nutrition, clothing and housing. The Committee stresses the need for States parties to take special measures to ensure that indigenous children enjoy the right to an adequate standard of living and that these, together with progress indicators, be developed in partnership with indigenous peoples, including children.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Poverty
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Year
- 2009
- Date modified
- Feb 14, 2020
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 56
- Paragraph text
- States are encouraged to emphasize a holistic approach to the right to health. Their national plans, policies, and strategies should address the health needs of migrant children and the vulnerable situations in which they may find themselves. Migrant children should have access to health services without being required to present a residence permit or asylum registration. Administrative and financial barriers to accessing services should be removed, including through the acceptance of alternative means of proving identity and residence, such as testimonial evidence. In addition, the Committees urge States to prohibit the sharing of patients’ data between health institutions and immigration authorities as well as immigration enforcement operations on or near public health premises, as these effectively limit or deprive migrant children or children born to migrant parents in an irregular situation of their right to health. Effective firewalls should be put in place in order to ensure their right to health.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 4
- Paragraph text
- To make an informed estimate of age, States should undertake a comprehensive assessment of the child’s physical and psychological development, conducted by specialist paediatricians or other professionals who are skilled in combining different aspects of development. Such assessments should be carried out in a prompt, child-friendly, gender-sensitive and culturally appropriate manner, including interviews of children and, as appropriate, accompanying adults, in a language the child understands. Documents that are available should be considered genuine unless there is proof to the contrary, and statements by children and their parents or relatives must be considered. The benefit of the doubt should be given to the individual being assessed. States should refrain from using medical methods based on, inter alia, bone and dental exam analysis, which may be inaccurate, with wide margins of error, and can also be traumatic and lead to unnecessary legal processes. States should ensure that their determinations can be reviewed or appealed to a suitable independent body.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 56
- Paragraph text
- States are encouraged to emphasize a holistic approach to the right to health. Their national plans, policies, and strategies should address the health needs of migrant children and the vulnerable situations in which they may find themselves. Migrant children should have access to health services without being required to present a residence permit or asylum registration. Administrative and financial barriers to accessing services should be removed, including through the acceptance of alternative means of proving identity and residence, such as testimonial evidence. In addition, the Committees urge States to prohibit the sharing of patients’ data between health institutions and immigration authorities as well as immigration enforcement operations on or near public health premises, as these effectively limit or deprive migrant children or children born to migrant parents in an irregular situation of their right to health. Effective firewalls should be put in place in order to ensure their right to health.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph