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Título | Fecha de adición | Plantilla | Document | Paragraph text | Organismo | Tipo de documento | Thematics | Temas | Personas afectadas | Año |
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Access to rights-based support for persons with disabilities 2017, para. 70 | 19 de ago. de 2019 | Paragraph | International cooperation can play a crucial role in the implementation of support systems. Donor countries and international organizations should consider increasing funding for the design and development of sustainable national support systems and securing the necessary funds to implement development aid inclusive of the support arrangements required by persons with disabilities. For example, when funding national education systems, donors should take into account the obligation to provide support to children and adolescents with disabilities within the general education system to facilitate their effective education. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Embrace diversity and energize humanity 2017, para. 21 | 19 de ago. de 2019 | Paragraph | In his first report, the Independent Expert underlined the relationship between sexual orientation and gender identity and other issues, including racism, poverty, migration, disability and other factors. A particular concern to be highlighted here is the plight of children and youth from the perspective of gender diversity. Thus, on the International Day against Homophobia, Transphobia and Biphobia, 17 May 2017, the Independent Expert and a range of United Nations human rights treaty bodies and special procedures, as well as regional mechanisms, issued a joint statement calling for protection of transgender and gender diverse children and adolescents. The following excerpt epitomizes the universal message:
We call on States to adopt and implement effective measures prohibiting violence, anti-discrimination laws covering gender identity and expression — real or perceived — as well as sexual orientation as prohibited grounds for discrimination, to develop inclusive curriculums and learning materials, training for and support to teachers and other school staff, education and support programmes for parents, safe and non-discriminatory access to bathrooms, and awareness-raising programmes nurturing respect and understanding for gender diversity.
On another front, the mere existence of laws or by-laws criminalizing gender expression including through offences of “cross dressing” or “imitating the opposite sex” and other such discriminatory regulations impact on the liberty and security of these young people, tend to foster a climate where hate speech, violence and discrimination are condoned and perpetrated with impunity.
Criminalization and pervasive discrimination in such context lead to the denial of health care, including safe gender affirming procedures, and to the lack of access to information and related services. Pathologizing trans and gender diverse people — branding them as ill based on their gender identity and expression — has historically been, and continues to be, one of the root causes behind the human rights violations against them.
We reiterate our call for States to decriminalize and depathologize trans and gender diverse identities and expressions, including for young transgender people, prohibit “conversion therapies” and refrain from adopting new criminalizing laws and pathologizing medical classifications, including in the context of the upcoming review of the International Classification of Diseases. We also call on States to provide equal access to health care and access to gender affirming treatment to those who seek it. | Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity | Special Procedures' report |
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| 2017 | ||
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 21 | 19 de ago. de 2019 | Paragraph | In all his endeavours, the Special Rapporteur will promote adherence to, and ratification of, core relevant human rights treaties. At the same time, the Special Rapporteur will also promote so-called soft-law standards such as, but not limited to, the Nelson Mandela Rules, the Body of Principles for the Protection of all Persons under Any Form of Detention or Imprisonment, the Bangkok Rules, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, the Code of Conduct for Law Enforcement Officials, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and other relevant instruments. Ultimately, the Special Rapporteur will prioritize results-based pragmatism rather than formalism without, however, compromising on applicable norms, terms and standards. Therefore, the primary focus of the Special Rapporteur will not necessarily be to achieve universal ratification of relevant treaties, but rather to advocate for the implementation, in actual practice, of norms, procedures and mechanisms for the effective prevention of torture or other cruel, inhuman or degrading treatment or punishment. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2017 | ||
The right to mental health 2017, para. 1 | 19 de ago. de 2019 | Paragraph | Mental health and emotional well-being are priority areas of focus for the Special Rapporteur (see A/HRC/29/33). In each thematic report, he has attempted to bring mental health into focus as a human rights and development priority in the context of early childhood development (see A/70/213), adolescence (see A/HRC/32/32) and the Sustainable Development Goals (see A/71/304). | 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 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 28 | 19 de ago. de 2019 | Paragraph | The pervasive misconception that adolescents, both with and without disabilities, lack the capacity to make autonomous decisions about their own health care is a major barrier to girls and young women with and without disabilities when they attempt to access sexual and reproductive health information and services. Many States legally limit the ability of adolescents to make autonomous choices about their sexual and reproductive health and rights by requiring parental notification or consent prior to the provision of information and services, or by permitting health-care providers to deny reproductive health information, goods and services to adolescents. Moreover, for young women with disabilities over legal age, legislation restricting their legal capacity on the basis of disability and misconceptions about their perceived lack of capacity prevent many of them from making autonomous decisions about sexual and reproductive health-care services. Those restrictive circumstances result in an impenetrable barrier for girls and young women with disabilities, especially for those requiring support to express their will and preferences, since such support is usually provided by the family. Consequently, in many cases, girls and young women with disabilities have no control over their own sexual and reproductive lives, as decisions are taken for them under the paternalistic guise of “for their own good” (see A/67/227, para. 36). Denying access to sexual and reproductive health care to girls and young women with disabilities is a form of violence, which also exposes them to the risks of unwanted pregnancy, early marriage and school dropout. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
The right to mental health 2017, para. 93b | 19 de ago. de 2019 | Paragraph | [To ensure that social and underlying determinants for the promotion of mental health for all are addressed, the Special Rapporteur recommends that States:] Take immediate action to develop public policies which, in alignment with the Sustainable Development Goals, address mental health and holistic development in early childhood and adolescence, prioritizing promotion 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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| 2017 | ||
Right to health of adolescents 2016, para. 11 | 19 de ago. de 2019 | Paragraph | Adolescence is a period of development towards increasing capacity for independent decision-making, moving away from the protective environments associated with earlier childhood. It is accompanied by greater experimentation, risk-taking and impulsivity and by the increased influence of the peer group. These behaviours contribute to building resilience, character and self-confidence and to the exploration and understanding of boundaries, and reflect the gradual adjustment from protection towards autonomy. Accordingly, while adolescents under 18 years of age continue to be entitled to protection from violence, abuse and exploitation, as well as to consideration of their best interests, under the Convention on the Rights of the Child, the nature of those protections and their application must reflect the emerging competencies acquired throughout adolescence. | 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. 36 | 19 de ago. de 2019 | Paragraph | States must take legal, policy and other measures to address the underlying and social determinants of adolescent health, including: road and environmental safety; racial prejudice; access to education; persistence of forced and early marriage; corporal punishment; social, economic, political, cultural and legal barriers to health services, including sexual and reproductive health services; inadequate social protection; institutionalization; punitive drug laws; absence of comprehensive sexuality education; criminalization of exposure, non-disclosure of HIV status and transmission of HIV; criminalization of same-sex relationships; and lax legal frameworks governing the sale of tobacco, alcohol and fast foods. | 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. 28 | 19 de ago. de 2019 | Paragraph | Rather than only setting up separate interventions and facilities for adolescents, efforts should be made to ensure that adolescents receive adequate attention in all policies, strategies and programmes that are relevant to them. Health systems should be designed and services should be delivered in a way that respects the right to health and other related rights of adolescents, in accordance with their evolving capacities. This can only be achieved by guaranteeing the right of adolescents to be heard and to contribute to the planning, implementation, monitoring and evaluation of 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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| 2016 | ||
Right to health of adolescents 2016, para. 25 | 19 de ago. de 2019 | Paragraph | The right to health provides a valuable normative framework grounded in a commitment to promote the best interests of adolescents while acknowledging their evolving capacities to take increasing levels of responsibility for their own health care. It also places a legal obligation on States to progressively realize the highest attainable standard of health of adolescents; eliminate discrimination and inequalities that obstruct equitable enjoyment of the right to health; ensure the participation of adolescents in relevant efforts; devote maximum available resources to the right to health of children; develop suitable laws and policies, including a comprehensive national health plan that addresses adolescents' right to health; and ensure accountability, including effective remedies. | 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. 65 | 19 de ago. de 2019 | Paragraph | To achieve this, all relevant policies should be devised, and periodically reviewed, on the basis of a transparent process and with the participation of adolescents, and should include right to health indicators and benchmarks. Indicators should be disaggregated on suitable grounds, including those identified in the Sustainable Development Goals, namely age, income, gender, race, ethnicity, migratory status, disability and geographic location, in order to monitor the health status of marginalized groups and sectors of adolescents (see target 17.18). Adolescents and other relevant civil society actors should also be actively involved in review processes. | 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. 79 | 19 de ago. de 2019 | Paragraph | States should invest in programmes to challenge outdated beliefs and negative attitudes about mental conditions through the dissemination of information. Adolescents of different ages and representing different perspectives should be consulted in the design, development, implementation and monitoring of mental health services. Investments must be made to address gender discrimination in mental health and to reach out to marginalized communities, which are disproportionately vulnerable to mental health problems and experience greater barriers in accessing 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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| 2016 | ||
Right to health of adolescents 2016, para. 35 | 19 de ago. de 2019 | Paragraph | The right to health is not only a right to health care, but a right to underlying and social determinants of health. Social determinants are the conditions in which people are born, grow, live, work and age that influence their health. The evidence overwhelmingly shows that the strongest determinants of adolescent health worldwide are structural factors such as national wealth, income inequality, gender systems and access to education. Additional determinants include social norms, laws and policies and the physical environment, as well as the online social media environment, which plays an increasingly influential role in adolescents' lives. | 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. 43 | 19 de ago. de 2019 | Paragraph | The benefits of participation in physical activity and sport and the adoption of healthy lifestyles can be especially pronounced for children. Physically active young people have higher levels of cardiorespiratory fitness, better metabolic profiles, improved bone health and fewer symptoms of anxiety and depression. Accordingly, WHO has recommended that children and adolescents should participate in 60 minutes of cumulative physical activity daily. Among adolescents, there is a correlation between participation in organized sport and an increased likelihood of meeting physical activity targets. | 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 | ||
Integrating a gender perspective in the right to food 2016, para. 14 | 19 de ago. de 2019 | Paragraph | Furthermore, girls and adolescent women induced by tradition or forced into child marriage and adolescent pregnancy, suffer the consequences of a high work burden and deprivation of their child rights, including their right to adequate nutrition and education. They are required to perform heavy amounts of domestic work, and are responsible for raising children while still children themselves. Adolescent pregnancy is a typical outcome of child marriage and complications during pregnancy and childbirth are the second cause of death for 15-19 year-old girls globally. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 | ||
Contemporary challenges to freedom of expression 2016, para. 43 | 19 de ago. de 2019 | Paragraph | Article 20 (2) provides for restrictions with respect to hateful advocacy that amounts to incitement to hostility, discrimination or violence; it does not permit restrictions merely on the basis of "incompatibility" with a particular faith's values, nor does it (or article 19) permit restrictions that amount to blasphemy as such. Nonetheless, Maldives enacted a law in 2016 that criminalizes speech not expressed in accordance with social norms, national security and Islam. Singapore noted that a teenager was convicted under national legislation "for posting a video containing remarks against Christianity with deliberate intent to wound the religious feelings of Christians". While "wounding religious feelings" may involve real emotional costs, such charges have no basis under international human rights law and limit without justification the sharing of information and ideas pertaining to religion and belief. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2016 | ||
Right to health of adolescents 2016, para. 83 | 19 de ago. de 2019 | Paragraph | Healthy sexual development requires not only physical maturation, but an understanding of healthy sexual behaviours and a positive sense of sexual well-being. Sexual initiation can be a natural and healthy aspect of adolescence, and adolescents have the right to be provided with the tools and information to navigate sex safely. Sexual activity among adolescents is widespread, although rates vary significantly. Yet, adolescents around the world face significant discrimination and barriers in accessing the information, services and goods needed to protect their sexual and reproductive health, resulting in violations of their 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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| 2016 | ||
Report of the SR on the right to health and Agenda 2030 2016, para. 95 | 19 de ago. de 2019 | Paragraph | A holistic approach to addressing violence is consistent with the aim of collectively implementing the Sustainable Development Goal targets on violence across the agenda. It is also consonant with the indivisible and interrelated nature of human rights. From a human rights and public health perspective, violence must be addressed comprehensively, including obligations to eliminate violence within health-care settings, to address how structural factors, such as laws and policies, institutionalize violence and to eliminate violence against women and children. The right to health also includes an entitlement to safe access to health care and to a safe environment. Importantly, children and adolescents have a right to be free from violence and to healthy 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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| 2016 | ||
Right to health of adolescents 2016, para. 5 | 19 de ago. de 2019 | Paragraph | Lack of access to safe reproductive health services and information contributes to adolescent girls among the most at risk of dying or suffering from serious or lifelong injuries associated with early pregnancies and childbirth. The lack of effective adolescent mental health policies and services leads to significant failures in emotional and social development, including violence against and among adolescents. Nearly all these risks are preventable, with outcomes grounded in physical and social environments and frequently mediated by their behaviours. | 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. 15 | 19 de ago. de 2019 | Paragraph | States policies towards adolescents are too often characterized by targeted or punitive interventions aimed at addressing problems such as juvenile delinquency and violence, as well as perceived challenges, including substance use and sexual activity; too little attention is typically paid to building positive environments in which adolescents can thrive. Punitive and excessively biomedical interventions ignore the powerful social and economic determinants influencing adolescent behaviour, opportunities and well-being. Stigmatizing, demonizing and discriminating against adolescents by, for example, criminalizing or pathologizing their behaviours and diversities, negatively affects their socially perceived roles, self-esteem, well-being and sense of empowerment. These approaches fail adolescents, their holistic development and their 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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| 2016 | ||
Right to health of adolescents 2016, para. 7 | 19 de ago. de 2019 | Paragraph | While there are many health issues of concern during adolescence, in the present report the Special Rapporteur focuses on mental health, substance use and drug control, and the rights to sexual and reproductive health, in view of the particular challenges they pose in balancing adolescents' emerging autonomy with their right to protection. Using the right-to-health framework, the Special Rapporteur underlines the importance of valuing adolescents' strengths and engaging with them as partners in informing and shaping the measures needed to realize the right to health and the optimum development of adolescents. | 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. 16 | 19 de ago. de 2019 | Paragraph | One-size-fits-all policies designed for children or youth often fail to address adolescents, particularly 10-14 year-olds. Lack of awareness or understanding of their unique health needs can render adolescents invisible. Adolescents face multiple barriers to health services, including the following: restrictive laws and policies; unavailability of contraception or safe abortions; inaccessible services owing to lack of information, distance or cost; failure to ensure privacy and confidentiality; parental consent or notification requirements; provision of services in a manner that is disrespectful, hostile, judgemental or lacking sympathy; and discrimination against particular groups of adolescents, including those with disabilities, those living and working on the streets or in the sex trade and those from historically marginalized groups. States have positive human rights obligations to guarantee adolescents' rights and meaningfully engage with them in identifying their needs and priorities. | 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. 56 | 19 de ago. de 2019 | Paragraph | In order to ensure the relevance and efficacy of interventions, adolescents' experiences, concerns, knowledge and creativity should be utilized in the development, implementation and monitoring of relevant legislation, policies, services and programmes affecting their right to health and development at the school, community, local and national levels. Consultative mechanisms alone are insufficient to fulfil the right to be heard and to be taken seriously. Adolescents must be afforded safe spaces with opportunities to identify for themselves issues of most concern to them and to enable them to act on those concerns. Particular attention should be paid to adolescents with disabilities, who must be provided with disability and age-appropriate assistance to realize this right. | 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. 85 | 19 de ago. de 2019 | Paragraph | The vulnerability of boys to physical and sexual abuse and exploitation should be highlighted, together with the significant barriers they face in accessing sexual and reproductive information and services. Intersex adolescents often experience particular challenges because of irreversible and non-consensual surgeries performed during their early childhood and because of the natural development of their bodies. Discrimination within the family and society, as well as discriminatory attitudes by health providers, can result in the denial of access to health services, while lack of knowledge and awareness within the medical profession further impedes access to quality care. | 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. 87 | 19 de ago. de 2019 | Paragraph | AIDS is the second most common cause of death among adolescents globally. Worldwide, adolescents in key population groups, including gay and bisexual boys, transgender adolescents, adolescents who exchange sex for money, goods or favours and adolescents who inject drugs, are also at a higher risk of HIV infection. Adolescent girls in high-HIV burden countries are particularly vulnerable, making up 75 per cent of new infections in Africa in 2013, with gender inequality, harmful traditional practices and punitive age of consent laws identified as drivers of the epidemic. These sectors and groups face a disproportionately high risk of experiencing stigma, discrimination, violence, rejection by families, criminalization and other human rights violations when seeking sexual and reproductive health services, including denial of access to health-care services, such as HIV testing, counselling and treatment. | 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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Right to health of adolescents 2016, para. 93 | 19 de ago. de 2019 | Paragraph | Prevention, care, treatment and support are mutually reinforcing elements in providing a comprehensive and effective response to HIV/AIDS. All adolescents should have access to HIV testing and counselling, and evidence-based HIV prevention and treatment programmes. Health services should offer HIV-related information, testing, sexual and reproductive health services, contraception, condoms and HIV-related care and treatment, including antiretroviral and other medicines, diagnostics and related technologies for the care of HIV/AIDS, related opportunistic infections and other conditions, good nutrition and social, spiritual and psychological support, as well as family, community and home-based care. | 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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Right to health of adolescents 2016, para. 96 | 19 de ago. de 2019 | Paragraph | Outside of high-income countries, data relating to adolescent substance use and related health harms are poor. Important differences exist among and within countries, between adolescents and their older counterparts and among groups of adolescents. For example, heavy episodic or binge use, especally of alcohol, is more common among young people. Adolescents' access to services is limited in comparison to adults, for example, being under the legal age of majority can block adolescents from accessing certain services. Those identified at greatest risk of drug-related harms are those who are street-involved, excluded from school, have histories of trauma, family breakdown or abuse, and those living in families coping with drug dependence. Adolescent girls are at a higher risk of certain kinds of harm than boys, including HIV infection due to both sexual transmission and unsafe injecting practices. These factors demand concerted efforts to gather appropriately disaggregated data to better understand patterns of vulnerability so that services can be targeted and properly budgeted. | 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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Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 46 | 19 de ago. de 2019 | Paragraph | Competitive sport is notable for being one of the few remaining areas within society that has largely failed to integrate human rights standards pertaining to children. In many sports, training must commence at a very early age in order for athletes to be competitive when reaching majority. Eating disorders are more prevalent in adolescents than in the general population, and are particularly prevalent among top athletes. Furthermore, a drift towards professionalism in competitive sport has been associated with compromises of the rights of child athletes, ranging from physical and emotional abuse through to doping, sexual violence and even the trafficking of child and adolescent athletes. The true extent of these problems is unknown, due to challenges in data collection and insufficient research. | 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 | ||
Integrating a gender perspective in the right to food 2016, para. 15 | 19 de ago. de 2019 | Paragraph | The reasons behind the failure to women's access to adequate food can arguably be linked to two structural disconnects which exist at the crossroads between Women's Rights and the Right to Food. The first disconnect refers to the failure in international law to fully endow women with their right to food. In the Universal Declaration on Human Rights (UDHR) and the ICESCR, the right to food is accorded to himself and his family. Although the ICESCR General Comment 12 and other documents have underscored the non-discriminatory intention of the right to food, the archaic language of patriarchy taints the UDHR and treaty language. Concurrently the economic and social rights of the ICESCR are generally reviewed in CEDAW, but not the right to food, which is indirectly touched upon only through a call for rural women. In CEDAW, as in the Convention of the Rights of Child (CRC), food access and adequacy for adult women and teenage girls are addressed only on behalf of pregnant and breastfeeding females . | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 | ||
Right to health of adolescents 2016, para. 72 | 19 de ago. de 2019 | Paragraph | The nature of adolescents' mental health needs differs from that of adults and requires targeted services. However, a national health system of well-functioning, effective and adolescent-friendly services remains the exception rather than the rule. Less than one third of low- and middle-income countries have a designated youth mental health entity and most lack youth-focused mental health policies. Where they do exist, they often fail to meet quality standards and may even be harmful to the health and development of adolescents. Adolescents may be detained for a long time in overcrowded, in-patient facilities where little attempt is made at rehabilitation or social integration. These approaches violate adolescents' human rights and worsen, rather than ameliorate, mental health conditions. | 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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