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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Report of the SR on the right to health and Agenda 2030 2016, para. 52 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Right to health in early childhood - Right to survival and development 2015, para. 9 | Aug 19, 2019 | Paragraph | Low birth weight, lack of breastfeeding, undernutrition, overcrowded living conditions, indoor air pollution, unsafe drinking water and food and poor hygiene practices are the main immediate risk factors for pneumonia and diarrhoea. However, while such diseases are proximate causes of death and are duly reflected in statistics, poverty and inequalities are the root causes, or underlying social determinants. Poverty increases young children's exposure to risks such as poor nutrition, violence, inadequate sanitation, lower levels of maternal education, inadequate stimulation in the home, increased maternal stress and depression and, at the same time, limits access to health and other services. In 2013 the under-5 mortality rate in low-income countries was more than 12 times the average rate in high-income countries. There are also significant disparities in under-5 mortality and morbidity within countries, driven by poverty, gender and other inequalities. Low levels of literacy and poor access to education among women correlate strongly with high rates of under-5 mortality. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2015 | ||
Corruption and the right to health 2017, para. 24 | Aug 19, 2019 | Paragraph | The right to health gives rise to obligations that provide a framework for action for duty bearers, as well as a framework of reference for monitoring and accountability. The right to health is subject to progressive realization. This means that many aspects of the right to health do not have to be realized immediately; rather, States must take effective and targeted measures towards the progressive realization of the right to health. However, States also have some immediate obligations, including core obligations such as the equitable distribution of health facilities, goods and services; the provision of essential medicines; access to minimum essential food, basic shelter, safe and potable water and sanitation; and the adoption of a national health strategy and plan of action on the basis of epidemiological information. The Committee on the Rights of the Child has also highlighted that universal health coverage is a core obligation (see the Committee’s general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 72). States must adopt and enforce legislative, regulatory and policy measures to ensure that corruption does not impede the fulfilment of their progressive and core obligations. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2017 | ||
Report of the SR on the right to health and Agenda 2030 2016, para. 91 | Aug 19, 2019 | Paragraph | Addressing violence cuts across the Sustainable Development Goals and is critical to the realization of the right to health. The Goals envisage "a world free from fear and violence" and include specific commitments to eliminate all forms of violence against all women and girls in the public and private spheres (target 5.2); to eliminate all harmful practices, including child early and forced marriage and genital mutilation (target 5.3); to significantly reduce all forms of violence and related death rates everywhere (target 16.1); and to end all forms of violence against and torture of children (target 16.2). The Goals also include a commitment to build capacities to prevent violence (target 16.a). In addition, several other Goals address risk factors linked to violence, including ending poverty (Goal 1), ensuring healthy lives and promoting well-being (Goal 3), ensuring quality education (Goal 4), addressing inequalities (Goal 10) and making cities and settlements safe (Goal 11). As recognized in the Goals, reducing and eliminating violence is critical to transforming the world into a peaceful and inclusive global community. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Report of the SR on the right to health and Agenda 2030 2016, para. 76 | Aug 19, 2019 | Paragraph | Universal health coverage has been called "a practical expression" of the right to health. It is indeed a core obligation under children's right to health. However, not all paths to universal health coverage are consistent with human rights requirements. Targets 3.7 and 3.8 do not make explicit commitments to confer priority to the poor and marginalized either in the process of expanding coverage or in developing priorities as to which services to provide. Without those clear commitments, there is a risk that universal health coverage efforts will entrench inequality. For example, in countries lacking strong health systems, Governments may pursue strategies that prioritize expansion to groups in privileged positions, such as those working in the formal sector, where infrastructure and opportunistic private or national insurance schemes are readily available. Likewise, countries with centralized and expansive health coverage might soon proclaim achievement of universal health coverage, even while some of their most vulnerable subgroups are left with health care that is abusive, coercive and/or of poor quality. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Right to health in early childhood - Right to survival and development 2015, para. 58 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2015 | ||
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 30 | Aug 19, 2019 | Paragraph | Studies have shown that the food industry uses various strategies to undermine public health nutrition efforts. For example, the food industry hires prominent academics for their advisory boards, which may result in findings being more favourable towards the food industry, with the danger that the food industry may use such biased findings to support its claims on nutrition. Other tactics include the funding of front groups (that appear independent, yet are controlled by other organizations), lobbying and instituting lawsuits and threats thereof. It has also been shown that, under the guise of corporate social responsibility to meet their ethical obligations towards society at large, big soft drink companies have attempted to shift the burden of the responsibility to make healthier choices onto consumers instead of addressing their role in creating an unhealthy food environment. Furthermore, corporate social responsibility has also been used by the big soft drink industry as a means to thwart attempts at government regulation and increase sales of their products, particularly to children. Such acts result in a negation of the right to health. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2014 | ||
Health financing in the context of the right to health 2012, para. 32 | Aug 19, 2019 | Paragraph | The Global Fund and the International Drug Purchase Facility (UNITAID) represent two successful examples of global pooling that have had significant positive impacts in the fight against HIV/AIDS, tuberculosis and malaria globally. Both the Global Fund and UNITAID have collected and pooled significant resources from donor States and through innovative financing mechanisms and allocated funds and resources based on need. Under programmes funded by the Global Fund, 3.3 million people living with HIV received antiretroviral treatments in 2011 alone and 9.3 million smear-positive cases of tuberculosis were detected and treated between 2010 and 2012. UNITAID has provided child-friendly treatment to 400,000 children living with HIV and delivered 46 million artemisinin-based combination therapies to first-line purchasers of malaria medications. Moreover, in contrast to bilateral aid and assistance from international financial institutions, the Global Fund and UNITAID have removed conditionalities and increased levels of transparency and stakeholder participation in funding processes and programmatic activities in accordance with the right to health approach to health financing. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2012 | ||
Health financing in the context of the right to health 2012, para. 10 | Aug 19, 2019 | Paragraph | The obligation to ensure the equitable allocation of health facilities, goods and services for all persons without discrimination is a core obligation under the right to health. The right to access good quality health facilities, goods and services on a non-discriminatory basis, particularly for vulnerable or marginalized groups, including, among others, ethnic, racial, religious and sexual minority groups, women, children and the poor, constitutes an additional core obligation for States. In order to meet these core obligations under the right to health, States must ensure the equitable allocation of health funds and resources towards achieving universal access to good quality health facilities, goods and services, in accordance with the principle of non-discrimination and with special attention to the needs of vulnerable or marginalized populations. Inequitable allocation of health funds and resources may lead to indirect discrimination within health systems, particularly with respect to vulnerable or marginalized groups who often lack the social and political means to challenge the inequitable allocation of public resources (General Comment No. 14, para. 19). | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2012 | ||
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 31 | Aug 19, 2019 | Paragraph | Other international instruments address the trafficking of people, including for the purposes of sexual exploitation. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime defines trafficking as "the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation" (art. 3 (a)). Exploitation is further defined to include the prostitution of others or other forms of sexual exploitation. Additionally, the Protocol states that the consent of any victim of trafficking is deemed irrelevant where circumstances such as vulnerability or abuse of power exist (art. 3 (b)). | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2010 | ||
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 9 | Aug 19, 2019 | Paragraph | These laws represent an infringement of the right to health as outlined in article 12 of the International Covenant on Economic, Social and Cultural Rights. Article 2, paragraph 2, of the Covenant requires that State parties undertake to guarantee that the rights within the Covenant, including the right to health, are exercised without discrimination of any kind, including on the basis of "other status". This is further developed in general comment No. 14 (2000) of the Committee on Economic, Social and Cultural Rights, which notes that the Covenant proscribes any discrimination in access to health care and underlying determinants of health, including on the grounds of sexual orientation (para. 18). The Committee also recognizes gender identity as a prohibited ground of discrimination. In its general comment No. 4 (2003), the Committee on the Rights of the Child also confirmed that "other status" extends to sexual orientation (para. 6). Such criminalization impedes the right to health, not only through discrimination, but by denying equal access to health services, as will be demonstrated. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2010 | ||
Corruption and the right to health 2017, para. 12 | Aug 19, 2019 | Paragraph | Corruption is particularly detrimental in that it increases mistrust on the part of all stakeholders, especially users of services, not only in the health-care system but also in the abilities and performance of local and national authorities in general. While little research has been done on the impact of corruption on health outcomes, it is suggested, for example, that countries with higher levels of corruption have higher levels of child mortality. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2017 | ||
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 86 | Aug 19, 2019 | Paragraph | Civil society organizations and national human rights institutions should advocate for the inclusion of sport and healthy lifestyles in relevant national policies, and should ensure that the voices of marginalized and excluded groups, including children, are part of the policy-making process. National human rights institutions can also assist States through information-gathering, monitoring and evaluation. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 49 | Aug 19, 2019 | Paragraph | Finally, States should take steps to fulfil the right to health of all children by ensuring safe access to sport and physical activity and physical education, and through provision of the goods, services, facilities and information necessary to enable all children's equitable participation. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 29 | Aug 19, 2019 | Paragraph | The provision of education is a State obligation under article 13 of the International Covenant on Economic, Social and Cultural Rights, which should include physical education. The right of the child to education is also recognized in article 28 of the Convention on the Rights of the Child. Physical education is not limited to people of school age, however; it is confirmed in the International Charter of Physical Education, Physical Activity and Sport that every human being has a right to physical education, and that physical education, activity and sport programmes must inspire lifelong participation. This is bolstered by other human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women which explicitly obliges States to provide women with the same opportunities to participate actively in physical education as men. Accordingly, all States should take steps to update school curricula and other relevant policies to ensure compatibility with the relevant human rights instruments and the International Charter of Physical Education, Physical Activity and Sport. States should also take steps to facilitate or provide access to physical education for people who are not enrolled in formal education. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Right to health of adolescents 2016, para. 57 | Aug 19, 2019 | Paragraph | During adolescence, the right to be heard and to be taken seriously transitions into the right to make autonomous decisions about one's health care and treatment. The concept of children's evolving capacities is an enabling principle addressing the process of maturation and learning through which children progressively acquire competencies and understanding. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Right to health of adolescents 2016, para. 55 | Aug 19, 2019 | Paragraph | This has been broadly conceptualized as the right to and principle of participation, and is central to the realization of adolescents' right to health, both in individual matters relating to their own health care and in wider issues such as the design and development of health-related services. It implies a fundamental shift in the traditional status of the child as a passive recipient of adult decisions and interventions. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Right to health of adolescents 2016, para. 54 | Aug 19, 2019 | Paragraph | Children, including adolescents, lack the full autonomy of adults while being subjects of rights. Article 12 of the Convention on the Rights of the Child addresses the legal and social status of children, recognizing their capacity to form their own views and to express them freely in all matters affecting them and giving them due weight in accordance with age and maturity. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Right to health of adolescents 2016, para. 48 | Aug 19, 2019 | Paragraph | Policies designed to protect families and family values should avoid measures that undermine the human rights of individual family members, including women, adolescents and younger children. Such approaches can be detrimental as they may, in the name of traditional values, tolerate or condone violence, reinforce unequal power relations within family settings and, therefore, deprive adolescents from the opportunity to exercise their basic rights. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Right to health of adolescents 2016, para. 47 | Aug 19, 2019 | Paragraph | Safe and supportive families are crucial to helping adolescents develop to their full potential and attain the best health into adulthood. Therefore, support of the family environment is very important for the physical and mental health of children and adolescents. States should develop policies and services that support families and strengthen their parenting competencies so that all children can grow in healthy family environments. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Right to health of adolescents 2016, para. 46 | Aug 19, 2019 | Paragraph | The family, in its diverse forms and arrangements, refers to the essential environment for the well-being, protection and development of children and adolescents. The recognition of diverse family forms is necessary to ensure the protection and promotion of the rights of all of children and adolescents, without discrimination of any sort. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Right to health of adolescents 2016, para. 22 | Aug 19, 2019 | Paragraph | The Convention on the Rights of the Child provides a comprehensive normative and legally binding framework to address the right to health of adolescents under the age of 18, while other treaties, such as the International Covenant on Economic, Social and Cultural Rights, provide a framework relevant for all adolescents, including those aged 18 and 19. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Right to health of adolescents 2016, para. 6 | Aug 19, 2019 | Paragraph | The rate and breadth of developmental change during adolescence is second only to that experienced in early childhood. While investments during the past 20 years have resulted in enormous gains for children in the early years, far less recognition has been afforded by policymakers to the implications of development in the second decade of life. Over the past 50 years, health has improved far less among adolescents than it has among young children. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Right to health of adolescents 2016, para. 2 | Aug 19, 2019 | Paragraph | There is a growing focus on adolescence within the international health and development community, as reflected, most notably, in the Global Strategy on Women's, Children's and Adolescents Health 2016-2030. These are important and welcome commitments that now need to be translated into action on the ground. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Report of the SR on the right to health and Agenda 2030 2016, para. 67 | Aug 19, 2019 | Paragraph | Another key mechanism is the Independent Accountability Panel, appointed earlier in 2016, which will monitor progress towards the Global Strategy for Women's, Children's and Adolescents' Health. The Special Rapporteur welcomes the appointment of the Panel and will follow its work with interest. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2016 | ||
Work of the mandate and priorities of the SR 2015, para. 104 | Aug 19, 2019 | Paragraph | All forms of violence are harmful and detrimental to the health and development of human beings, starting from the youngest children. Early childhood adversities, including all forms of violence against children, such as physical and emotional abuse and chronic neglect, if they are not timely addressed by healthy public policies, can result in chronic diseases in the adult affecting both physical and mental health. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2015 | ||
Work of the mandate and priorities of the SR 2015, para. 89 | Aug 19, 2019 | Paragraph | The right to survival relates to the prevention of infant and under-5 mortality. Despite many achievements in the field of medicine, 6 million children under 5 die every year in the world. Those children do not die of unknown or incurable diseases or illnesses; they die because of the conditions in which they and their parents live and poor governance and accountability. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2015 | ||
Work of the mandate and priorities of the SR 2015, para. 78 | Aug 19, 2019 | Paragraph | By investing in the good mental health of children and youth, a substantial contribution is made not only to the sustainable development of our economies, for which good emotional and cognitive abilities are needed, but also the root causes of intolerance and social exclusion are addressed and healthy and cohesive societies promoted. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2015 | ||
Right to health in early childhood - Right to survival and development 2015, para. 105 | Aug 19, 2019 | Paragraph | It is also the obligation of States "to adopt legislation or to take other measures ensuring equal access to health care and health-related services provided by third parties." In relation to early child development and survival, States should introduce into domestic law, implement and enforce the International Code on Marketing of Breast-milk Substitutes. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2015 | ||
Right to health in early childhood - Right to survival and development 2015, para. 98 | Aug 19, 2019 | Paragraph | However, given the overall low priority given to early childhood development reflected in low levels of funding for programmes, especially for children under 3 years of age, States should do their utmost to scale up investment in early childhood health and development. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2015 |