A/79/177
the right to life, particularly relating to those historically at risk or marginalized,
including LGBTIQA+ persons. 28
17. The right to live with dignity implies addressing conditions in society that
threaten individuals’ lives or prevent them from enjoying life with dignity. 29 Closely
related to determinants of health, creating conditions adequate for dignified life
entails, among others considerations, addressing environmental degradation,
substance abuse and extreme poverty, as well as tackling stigmatization, violence and
other harmful practices. 30 The right to live with dignity is also closely tied to the right
to a clean, healthy and sustainable environment, 31 which entails substantive elements
including: clean air; a safe climate; access to safe water and adequate sanitation;
healthy and sustainably produced food; non-toxic environments in which to live; and
healthy biodiversity and ecosystems. 32
18. Furthermore, the right to benefit from scientific progress requires States to align
their policies and programmes with the best available, generally accepted scientific
evidence, 33 which applies to health law and policy, including harm reduction efforts
in the context of drug use and drug use disorder 34 and other efforts for the prevention,
control and treatment of diseases and their risk factors. 35 States must “take measures
to avoid the risks associated with the existence of conflicts of interest by creating an
environment in which actual or perceived conflicts of interest are adequately
disclosed and regulated, especially those involving scientifi c researchers who give
policy advice to policymakers and other public officials”. 36
19. The right to health is tied to the right to equality and non -discrimination, which
proscribes any discrimination in both the access to health care and the underlying
determinants of health, as well as in the means and entitlements for their
procurement. 37 When it comes to harm reduction, States must eliminate formal
discrimination by ensuring that their laws and policies do not discriminate based on
prohibited grounds, and eliminate substantive discrimination through implementing
measures to address the conditions and attitudes that cause or perpetuate
discrimination. 38 In turn, this requires measures to dismantle systems of oppression
in all its forms, particularly where law is instrumental to perpetuating such
oppression. 39 For instance, States must take positive measures that prioritize
individuals in the most marginalized groups, including by ensuring that health care
workers in harm reduction programmes are trained to respond to the specific needs of
sex workers, people who use drugs, trans and intersex persons, and other groups in
situations of vulnerability. 40
__________________
28
29
30
31
32
33
34
35
36
37
38
39
40
6/28
Ibid., paras. 21 and 23.
Ibid., para. 26.
Ibid.
See General Assembly resolution 76/300.
See A/HRC/43/53.
Committee on Economic, Social and Cultural Rights, general comment No. 25 (2020), para. 52.
A/HRC/56/52, para. 16.
OHCHR, “Statement by the UN Special Rapporteur on the right to health on the adoption of
front-of-package warning labelling to tackle NCDs”, 27 July 2020.
Committee on Economic, Social and Cultural Rights, general comment No. 25 (2020), para . 53;
and A/HRC/48/61, para. 77, describes conflicts of interest as “pos[ing] direct threat to the right
to science”.
E/C.12/2000/4, para. 18.
Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 8 (b).
A/HRC/56/52, para. 30.
E/C.12/2000/4, para. 37; and A/HRC/56/52, para. 28.
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