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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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Corruption and the right to health 2017, para. 23 | Aug 19, 2019 | Paragraph | 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. | 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 | ||
The right to sexual and reproductive health (Art. 12) 2016, para. 9 | Aug 19, 2019 | Paragraph | The realization of the right to sexual and reproductive health requires that States parties also meet their obligations under other provisions of the Covenant. For example, the right to sexual and reproductive health, combined with the right to education (articles 13 and 14) and the right to non-discrimination and equality between men and women (articles 2 (2) and 3), entails a right to education on sexuality and reproduction that is comprehensive, non-discriminatory, evidence-based, scientifically accurate and age appropriate. The right to sexual and reproductive health, combined with the right to work (article 6) and just and favourable working conditions (article 7), as well as the right to non discrimination and equality between men and women, also requires States to ensure employment with maternity protection and parental leave for workers, including workers in vulnerable situations, such as migrant workers or women with disabilities, as well as protection from sexual harassment in the workplace and prohibition of discrimination based on pregnancy, childbirth, parenthood, sexual orientation, gender identity or intersex status. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2016 | ||
Women and armed conflict 1998, para. f | Aug 19, 2019 | Paragraph | [Actions to be taken by Governments and international organizations:] Provide refugee victims of sexual violence and their families with adequate medical and psychosocial care, including culturally sensitive counselling, and ensure confidentiality; | Commission on the Status of Women | CSW Agreed Conclusions / Declaration |
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| 1998 | ||
Durable solutions for internally displaced persons: advancing the agenda: addressing the role of humanitarian and development actors in achieving durable solutions for internally displaced persons through peacebuilding in the aftermath of conflict 2013, para. 29 | Aug 19, 2019 | Paragraph | Since at least the 1960s, the case for bridging the gap between relief and development assistance to displaced populations has been made, but efforts to tackle the problem have waxed and waned. It is the collective experience of the mandate holders over the years that internally displaced persons are worse after the emergency phase of humanitarian assistance in terms of livelihoods, social services, shelter, adequate food and access to health and education, for example. This is due to the fact that humanitarian actors often disengage from providing assistance after the emergency phase of a humanitarian crisis and development actors do not become involved until normal conditions for promoting early recovery, reconstruction and durable solutions are established. | Special Rapporteur on the human rights of internally displaced persons
| Special Procedures' report |
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| 2013 | ||
Effective Implementation of the OPSC 2010, para. 16 | Aug 19, 2019 | Paragraph | [Thanks to these efforts, more data are now available on long-term trends and specific aspects of some types of sale and sexual exploitation of children, including:] The exacerbation of these phenomena due to poverty, the HIV/AIDS pandemic, conflicts, large-scale natural disasters and displaced persons; | Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material | Special Procedures' report |
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| 2010 | ||
Social protection and old age poverty 2010, para. 25 | Aug 19, 2019 | Paragraph | Sub-Saharan Africa is home to 26 million of the 40 million persons living with HIV/AIDS worldwide and is subsequently the region with the highest number of households with a generation gap. In Namibia, South Africa and Zimbabwe, 60 per cent of AIDS orphans live with their grandparents. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2010 | ||
Human rights of migrants in the post-2015 development agenda 2014, para. 51 | Aug 19, 2019 | Paragraph | 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". | Special Rapporteur on the human rights of migrants | Special Procedures' report |
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| 2014 | ||
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 24 | Aug 19, 2019 | Paragraph | Articles 1-3, 5 (a) and 15 establish an obligation on States parties to ensure that women are not discriminated against during the entire asylum process, beginning from the moment of arrival at the borders. Women asylum seekers are entitled to have their rights under the Convention respected; they are entitled to be treated in a non-discriminatory manner and with respect and dignity at all times during the asylum procedure and thereafter, including through the process of finding durable solutions once asylum status has been recognized by the receiving State. The receiving State has a responsibility towards women granted asylum status when it comes to helping them to, among other things, find proper accommodation, training and/or job opportunities, providing legal, medical, psychosocial support for victims of trauma and offering language classes and other measures facilitating their integration. In addition, women asylum seekers whose asylum applications are denied should be granted dignified and non-discriminatory return processes. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2014 | ||
Women and health 1999, para. 16 | Aug 19, 2019 | Paragraph | States parties should ensure that adequate protection and health services, including trauma treatment and counselling, are provided for women in especially difficult circumstances, such as those trapped in situations of armed conflict and women refugees. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 1999 | ||
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 | Aug 19, 2019 | Paragraph | 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. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
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 | Aug 19, 2019 | Paragraph | 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. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 33 | Aug 19, 2019 | Paragraph | [The Committees stress that States parties should:] If determined that it is in the best interests of the child to be returned, an individual plan should be prepared, together with the child where possible, for his or her sustainable reintegration. The Committees stress that countries of origin, transit, destination and return should develop comprehensive frameworks with dedicated resources for the implementation of policies and comprehensive inter-institutional coordination mechanisms. Such frameworks should ensure, in cases of children returning to their countries of origin or third countries, their effective reintegration through a rights-based approach, including immediate protection measures and long-term solutions, in particular effective access to education, health, psychosocial support, family life, social inclusion, access to justice and protection from all forms of violence. In all such situations, a quality rights-based follow-up by all involved authorities, including independent monitoring and evaluation, should be ensured. The Committees highlight that return and reintegration measures should be sustainable from the perspective of the child’s right to life, survival and development. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 6a | Aug 19, 2019 | Paragraph | [The present joint general comment also builds on other United Nations resolutions and reports, various outputs of the United Nations human rights mechanisms and United Nations, intergovernmental and civil society initiatives relating to children in the context of international migration, including:] The statement by the Committee on Economic, Social and Cultural Rights on the duties of States towards refugees and migrants under the International Covenant on Economic, Social and Cultural Rights (E/C.12/2017/1), in which the Committee recalled in particular that “protection from discrimination cannot be made conditional upon an individual having a regular status in the host country”, and also recalled that “all children within a State, including those with an undocumented status, had a right to receive education and access to adequate food and affordable health care”; | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 33 | Aug 19, 2019 | Paragraph | [The Committees stress that States parties should:] If determined that it is in the best interests of the child to be returned, an individual plan should be prepared, together with the child where possible, for his or her sustainable reintegration. The Committees stress that countries of origin, transit, destination and return should develop comprehensive frameworks with dedicated resources for the implementation of policies and comprehensive inter-institutional coordination mechanisms. Such frameworks should ensure, in cases of children returning to their countries of origin or third countries, their effective reintegration through a rights-based approach, including immediate protection measures and long-term solutions, in particular effective access to education, health, psychosocial support, family life, social inclusion, access to justice and protection from all forms of violence. In all such situations, a quality rights-based follow-up by all involved authorities, including independent monitoring and evaluation, should be ensured. The Committees highlight that return and reintegration measures should be sustainable from the perspective of the child’s right to life, survival and development. | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 6a | Aug 19, 2019 | Paragraph | [The present joint general comment also builds on other United Nations resolutions and reports, various outputs of the United Nations human rights mechanisms and United Nations, intergovernmental and civil society initiatives relating to children in the context of international migration, including:] The statement by the Committee on Economic, Social and Cultural Rights on the duties of States towards refugees and migrants under the International Covenant on Economic, Social and Cultural Rights (E/C.12/2017/1), in which the Committee recalled in particular that “protection from discrimination cannot be made conditional upon an individual having a regular status in the host country”, and also recalled that “all children within a State, including those with an undocumented status, had a right to receive education and access to adequate food and affordable health care”; | Committee on Migrant Workers | General Comment / Recommendation |
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| 2017 | ||
SRSG on violence against children: Annual report 2016, para. 46 | Aug 19, 2019 | Paragraph | As implementation of the 2030 Agenda starts, countless children are being left behind, including those deprived of their liberty. Children in vulnerable situations, including those who have run away from domestic violence, those who live on the street and those who are victims of trafficking, prostitution, organized crime or conflict situations, are at special risk. Still others may end up in detention as a result of mental health and drug abuse or because of their status as migrants or asylum seekers. | Special Representative of the Secretary-General on violence against children | SRSG report |
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| 2016 | ||
Pathways to, conditions and consequences of incarceration for women 2013, para. 65 | Aug 19, 2019 | Paragraph | Abortion may not be available to women in immigration detention centres, depending on the laws of the country. In Malta, for example, abortion is illegal under domestic laws, and is thus unavailable to women held in detention centres. This in turn can lead to complications during childbirth, as doctors may not be trained in or well equipped to handle births for women who have undergone female genital cutting, for example. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2013 | ||
Pathways to, conditions and consequences of incarceration for women 2013, para. 29 | Aug 19, 2019 | Paragraph | Many countries hold women in pretrial detention for extremely long periods, and the number of female pretrial detainees is often equivalent to or larger than the number of convicted female prisoners. Pretrial detainees may have limited contact with other prisoners, fewer opportunities for health-care, vocational or job programmes, as well as restrictions on family contact. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2013 | ||
Review of the standard minimum rules for the treatment of prisoners 2013, para. 52 | Aug 19, 2019 | Paragraph | Medical examinations are a crucial tool in corroborating or refuting allegations of physical and psychological mistreatment. They are also integral to prevention efforts. While forensic science has made progress, the impact of medical examinations is undermined by a lack of rigorous implementation, inadequate funding, insufficient training and institutional dependencies. In many cases, health care is provided by physicians who have an almost exclusively therapeutic role or by nurses or paramedics with only basic medical training, as their focus is on curing sick detainees and examining new arrivals for contagious diseases or obvious wounds. They often lack the required expertise to properly document ill-treatment. Furthermore, reporting signs of torture raises challenges regarding perceived loyalty conflicts (to the prison administration and to the prisoner) and the responsibility to assure the safety of prisoners. In turn, persons deprived of liberty are invariably caught between a legal requirement to provide evidence to support allegations of torture or other ill-treatment and the lack of practical possibilities to produce such evidence. Records of medical examinations upon arrest or transfer often do not exist and recourse to forensic expertise is at the discretion of the supervising authority, who has ample opportunity to delay authorization until the signs of torture have disappeared. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2013 | ||
Overview of main observations of five years fact-finding and research 2010, para. 64 | Aug 19, 2019 | Paragraph | Deprivation of personal liberty, which is one of the most precious human rights, is an indispensible tool of criminal justice. However, what is often forgotten, is that detainees should continue to enjoy all other liberties and human rights, unless further restrictions are absolutely necessary for upholding prison discipline or for similar justified reasons. As the Special Rapporteur described in his most recent report to the General Assembly, the reality in most countries is totally different. Since it is an essential element of fact-finding during country missions to visit prisons, police lock-ups, closed psychiatric institutions and other places of detention, the Special Rapporteur had a fairly comprehensive insight into the conditions of detention around the world. In many countries, he was shocked by the way human beings are treated in detention. In this regard, he is most concerned about the structural deprivation of most human rights, notably the rights to food, water, clothing, health care and a minimum of space, hygiene, privacy and security necessary for a humane and dignified existence. It is the combined deprivation and non-fulfilment of these existential rights which amounts to a systematic practice of inhuman or degrading treatment or punishment and, around the world, there is an urgent need to ensure more respect for detainees and improve conditions of detention: the respect shown for the detainees is a mirror of a country's general human rights culture. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2010 | ||
Child slavery in the artisanal mining and quarrying sector 2011, para. 48 | Aug 19, 2019 | Paragraph | HIV/AIDS has had a huge impact on all of society, not least those subject to child slavery in mining and quarrying. In central and southern Africa the scourge of AIDS has left many orphans. This situation - coupled with the fact that there is already a lot of pressure on the disintegrating traditional extended family support system - means that many orphans end up working unaccompanied in this sector. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2011 | ||
Penalization of people living in poverty 2011, para. 70 | Aug 19, 2019 | Paragraph | Detention and incarceration can also have serious health implications for the poorest and most vulnerable, who are likely to be subject to the worst treatment and conditions, including overcrowded cells, inadequate hygiene facilities, rampant disease transmission and inadequate health care. In some cases, overcrowding in prisons can have such a severe effect on detainees that the conditions may even amount to a form of cruel and inhuman treatment. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2011 | ||
Human rights of migrants in the post-2015 development agenda 2014, para. 60c | Aug 19, 2019 | Paragraph | [The goal should include a specific target on reducing barriers to universal access to health and ensuring a balanced distribution of the human and financial costs of care. Indicators can focus on:] Number of countries that have eliminated discriminatory practices and barriers, including detention or deportation on the basis of the health conditions of migrants. | Special Rapporteur on the human rights of migrants | Special Procedures' report |
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| 2014 | ||
Human rights of migrants in the post-2015 development agenda 2014, para. 60b | Aug 19, 2019 | Paragraph | [The goal should include a specific target on reducing barriers to universal access to health and ensuring a balanced distribution of the human and financial costs of care. Indicators can focus on:] Proportion of migrants with equal access to adequate, affordable, accessible and quality health care, including essential drugs, irrespective of their status and circumstances, on a sustainable basis; | Special Rapporteur on the human rights of migrants | Special Procedures' report |
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| 2014 | ||
Human rights of migrants in the post-2015 development agenda 2014, para. 60a | Aug 19, 2019 | Paragraph | [The goal should include a specific target on reducing barriers to universal access to health and ensuring a balanced distribution of the human and financial costs of care. Indicators can focus on:] Number of countries that have developed national health legislation, policies, plans and programmes to promote universal health coverage for all, including migrants, irrespective of their status and circumstances; | Special Rapporteur on the human rights of migrants | Special Procedures' report |
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| 2014 | ||
Human rights of migrants in the post-2015 development agenda 2014, para. 54 | Aug 19, 2019 | Paragraph | Migrants are often not able to enjoy their right to health fully owing to such factors as discrimination, language, cultural barriers or legal status. Migrants in an irregular situation, temporary migrant workers, migrant domestic workers and migrants in detention are among the most marginalized groups. | Special Rapporteur on the human rights of migrants | Special Procedures' report |
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| 2014 | ||
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 34 | Aug 19, 2019 | Paragraph | The Special Rapporteur focused on the enjoyment of rights to health and to adequate housing for migrants. He recalled the applicable international legal framework and discussed the main challenges encountered by migrants in the enjoyment of these rights, with particular attention to the situations of migrant women and girls and children. | Special Rapporteur on the human rights of migrants | Special Procedures' report |
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| 2011 | ||
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 64 | Aug 19, 2019 | Paragraph | The Special Rapporteur welcomes national constitutions which recognize universal access to health regardless of immigration status, such as those of Colombia (art. 49) and South Africa (art. 27), and encourages other States to follow these practices. Some countries, such as Uruguay and Argentina, prohibit by law the denial of health-care services on the grounds of irregular immigration status. | Special Rapporteur on the human rights of migrants | Special Procedures' report |
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| 2010 | ||
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 60 | Aug 19, 2019 | Paragraph | In discharging his mandate, the Special Rapporteur has come across a number of initiatives, activities and policies implemented by Governments, international organizations, civil society and other stakeholders which reflect their commitment to the realization of migrants' rights to health and adequate housing. He believes it is important to exchange information on good practices with a view to bridging policy and protection gaps at all levels. | Special Rapporteur on the human rights of migrants | Special Procedures' report |
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| 2010 | ||
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 37 | Aug 19, 2019 | Paragraph | In addition, certain laws, policies and measures may indirectly hamper irregular migrant children's access to health. For instance, in some countries, a parent must be a regular migrant in order to obtain a birth certificate for her child, thus making access to health care difficult for children of migrants in irregular situations. | Special Rapporteur on the human rights of migrants | Special Procedures' report |
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| 2010 |