A/79/177 B. State obligations to respect, protect and fulfil human rights 20. The obligation to respect requires States to abstain from creating and enforcing discriminatory laws, policies and practices, that contribute to health disparities in the context of harm reduction. 41 21. In the context of business activities, the State’s obligation to protect entails an obligation to effectively prevent businesses from infringing human rights, including through direct intervention to protect public health. 42 Similarly, this obligation requires ensuring that third parties do not limit people’s access to health -related information and services, 43 which is particularly relevant in the context of harm reduction, where misinformation can easily mislead individuals into thinking some alternatives are healthier or more sustainable than they really are. 22. Concomitantly, all businesses have a responsibility to respect human rights, 44 including the right to health. 45 This responsibility requires avoiding infringing human rights and addressing adverse impacts that businesses may be involved in, as well as conducting human rights due diligence to identify, prevent, mitigate and account for human rights impacts that they may cause or contribute to. 46 Equally, businesses should abstain from unduly influencing or interfering with right-promoting, evidencebased harm reduction efforts. 23. The obligation to fulfil requires States to give “sufficient recognition” to the right to health, preferably through domestic legislation and by addressing all the underlying determinants of health. 47 States must ensure that health-care providers are trained to recognize and respond to, with culturally acceptable services, the specific needs of marginalized groups. 48 IV. Harm and substantive equality 24. Discrimination has multiple layers. 49 Individuals cannot be unjustifiably treated differently on the basis of a prohibited ground, nor can laws, policies or practices which appear neutral at face value have a disproportionate impact on individuals or groups protected by the anti-discrimination framework. 50 Prohibited grounds of discrimination include express ones, such as race and colour, sex, and national or social origin, 51 and others, as outlined by the Committee on Economic, Social and Cultural Rights in its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, such as through the stigmatization and marginalization suffered by individuals in specific contexts, including in the context of disability status, health status, economic and social situation, and sexual orientation or gender identity. 52 __________________ 41 42 43 44 45 46 47 48 49 50 51 52 24-13226 E/C.12/2000/4, para. 34. Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), paras. 14 and 19. E/C.12/2000/4, para. 35. Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (A/HRC/17/31, annex). Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017). Guiding Principles on Business and Human Rights, principles 11–24. E/C.12/2000/4, para. 36. Ibid., para. 37. A/HRC/56/52, para. 30. Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 10. Ibid., paras. 18–24. Ibid., para. 27. 7/28