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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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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 | ||
Right to health in early childhood - Right to survival and development 2015, para. 35 | Aug 19, 2019 | Paragraph | Infants and young children are holders of all rights enshrined in the Convention on the Rights of the Child as well as other international human rights treaties. The Convention affords special protection for early childhood in recognition of the important and particular challenges facing this age group and the progressive exercise of their rights, in accordance with their evolving capacities. | 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. 66 | Aug 19, 2019 | Paragraph | However, current rates of preventable deaths among newborns, children under 5 and adults are still unacceptably high. Universal health-care coverage is still a dream for many. The realization of the right to health is impeded by many factors, and most of them are related to inequalities, and selective approaches to human rights principles and existing scientific evidence. This can and must be addressed with the strong commitment by States and concerted efforts by all stakeholders. | 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. 101 | Aug 19, 2019 | Paragraph | Certain "core obligations" are not subject to progressive realization and must be implemented immediately. Core obligations include: (a) elaboration of a comprehensive national plan for the right to health, including development, in early childhood; (b) non-discriminatory access to health and other relevant services; (c) equitable distribution of health and other facilities for the right to health in early childhood; and (d) access to a minimum "basket" of health-related services and facilities (A/HRC/7/11, para. 52). | 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. 53 | Aug 19, 2019 | Paragraph | The different elements that form article 24 of the Convention on the Rights of the Child, in particular paragraph 24 (d), (e) and (f), including pre- and postnatal care for mothers; access to education and information on child health and nutrition, advantages of breastfeeding, hygiene and sanitation and prevention of accidents; and the development of preventive health care demonstrate that during the process of adopting the Convention there was a broader understanding of how to promote and protect the health of 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 | ||
Right to health in early childhood - Right to survival and development 2015, para. 12 | Aug 19, 2019 | Paragraph | In September 2015, the General Assembly is to adopt a set of sustainable development goals that will replace the Millennium Development Goals as the focus of the international development agenda. At the same time, a new global strategy for women's, children's and adolescents' health is to be launched. The ending of preventable deaths of newborns and children under five is a target of the "zero draft" of the sustainable development goals. | 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 | ||
Report of the SR on the right to health and Agenda 2030 2016, para. 74 | Aug 19, 2019 | Paragraph | Universal health coverage is a key dimension of the 2030 Agenda commitment towards achieving healthy lives and well-being for all at all ages. Goal 3 includes an explicit commitment to "achieve universal health coverage, including financial risk protection, access to quality essential health-care services and access to safe, effective, quality and affordable essential medicines and vaccines for all" (target 3.8) and to "ensure universal access to sexual and reproductive health-care services, including for family planning, information and education, and the integration of reproductive health into national strategies and programmes" (target 3.7). | 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. 16 | Aug 19, 2019 | Paragraph | The right to health includes a right to health care. Health care is closely connected to all the targets in Goal 3 and directly reflected in the targets to achieve universal health coverage (target 3.8) and ensure universal access to sexual and reproductive health-care services (target 3.7). The relationship between universal health coverage and the right to health is explored further below, while the right to sexual and reproductive health care has been elaborated in general comments Nos. 14 and 22 of the Committee on Economic, Social and Cultural Rights, as well as in a number of previous reports by the mandate holder (see E/CN.4/2004/49, A/66/254, A/HRC/14/20 and A/HRC/32/32). The right to health can also support and be supported by such targets as the reduction of maternal and newborn and under-5 mortality rates (targets 3.1 and 3.2) and of the incidence of communicable and non-communicable diseases (targets 3.3 and 3.4), the promotion of mental health (target 3.4) and the reduction of the number of deaths from road traffic accidents (target 3.6). | 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. 90 | Aug 19, 2019 | Paragraph | The launch of 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) in 2014 is a serious attempt to put an end to the unacceptable epidemics of preventable deaths of infants. The human rights-based approach is critically important in that regard since child mortality is intimately linked with human rights of women and the widespread discrimination against vulnerable groups of population. | 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. 90 | Aug 19, 2019 | Paragraph | Second, in accordance with their evolving capacities, young children, including infants, have a right to express their views freely in all matters affecting them and to have these views taken into account. Infants and very young children have particular forms of expression, which, because of their age, are sometimes non-verbal. Young children should be active participants in the promotion, protection and monitoring of their rights within the family, the community and society, in accordance with their evolving capacities. States must therefore ensure the necessary institutional arrangements for the participation of young children and their caregivers. | 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. 51 | Aug 19, 2019 | Paragraph | International human rights law places particular and explicit emphasis on the obligation of States to guarantee a number of relevant health and health-related services. For example, it places an obligation on States to provide appropriate pre and postnatal health care for mothers as well as appropriate services at birth and to newborns. The Convention on the Rights of the Child has clarified the interventions that should be made available across this continuum which are, for the most part, important for optimal child development as well as survival. Children affected by congenital anomalies or malnutrition, chronic illnesses or severe and life-limiting diseases should be referred to specialized paediatric palliative care services, which can be provided in tertiary care facilities, in community health centres and in children's homes. | 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. 44 | Aug 19, 2019 | Paragraph | According to article 12, the child has a right to express his or her views freely in all matters affecting him or her and to have them taken into account. Research shows that a child is able to form views from the youngest age, even when he or she may be unable to express them verbally. Very soon after birth newborn babies can recognize their parents, engage actively in various forms of non-verbal communication and develop strong mutual attachments with their parents or primary caregivers. Child-appropriate communication must be ensured to respect the child's right to information and the right to be heard at all times. | 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. 40 | Aug 19, 2019 | Paragraph | The International Covenant on Economic, Social and Cultural Rights recognizes the links between health, survival and development: article 12 on the right to health obligates States parties to take steps necessary for, among other things, the "provision for the reduction of the stillbirth rate and of infant mortality and for the healthy development of the child". In other words, in the Covenant, development is part of the right to health. Article 24 of the Convention on the Rights of the Child recognizes the right to health of the child and to facilities for the treatment of illness and rehabilitation of health. This approach underlines that the spectrum of essential health-related services should not be limited to medications and vaccines, but should also include effective public health and psychosocial 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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| 2015 | ||
Right to health in early childhood - Right to survival and development 2015, para. 36 | Aug 19, 2019 | Paragraph | In this regard, the rights of the newborn, as a rights holder, need to be addressed. Newborn children are too often not considered as deserving the status of autonomous individuals and rights holders and therefore not deserving respect and dignity. Young children, from the first days of their lives, are not only exposed to the environment in which they live but are actively shaping their surroundings by means of their presence and different forms of communication. In paragraph 10 of the recommendations adopted on its day of general discussion on implementing child rights in early childhood, held in September 2004, the Committee on the Rights of the Child underlined that the concept of the child as rights holder is "anchored in the child's daily life from the earliest stage" (para. 10). | 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 | ||
Criminalisation of sexual and reproductive health 2011, para. 38 | Aug 19, 2019 | Paragraph | 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. | 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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| 2011 | ||
Criminalisation of sexual and reproductive health 2011, para. 37 | Aug 19, 2019 | Paragraph | 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. | 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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| 2011 | ||
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 67 | Aug 19, 2019 | Paragraph | 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. | 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. 66 | Aug 19, 2019 | Paragraph | 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. | 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 |
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