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Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 32
- Paragraph text
- Terms such as "vulnerability" and "abuse of power" remain undefined within the Protocol, and have no independent legal meaning. These terms require clarification, as failure to do so could lead to situations in which State responses to trafficking include sex workers who voluntarily enter the sex sector. For instance, the trafficking of women and children to participate in sex work has been conflated with voluntary participation in sex work in Cambodia, where the Law on the Suppression of Human Trafficking and Sexual Exploitation was introduced in 1998. The purpose of this legislation was the suppression of human trafficking and sexual exploitation, as stated in article 1, but the statute includes provisions that prohibit activities around sex work and effectively criminalize the sex sector in its entirety. The law prohibits solicitation, support of prostitution in any manner, sharing of benefits obtained from prostitution, management of an establishment for prostitution, or even selling premises knowing they will be used for prostitution, amongst other activities (chapt. IV). The penalties for breach of these laws are extreme, including the seizure of materials and proceeds, closure of businesses and, alarmingly, the restriction of civil rights (art. 48). This law has led to the detention of sex workers without arrest or imposition of criminal charges, as well as to rape and extortion, following raids.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2010
Paragraphe
The right to health and development 2011, para. 18g
- Paragraph text
- [The right to health framework complements current development approaches by underlining the importance of aspects such as participation, community empowerment and the need to focus on vulnerable populations. The right to health analytical framework "unpacks" the right to health, making it easier to understand and apply in practical settings. Its key elements are as follows:] Special attention should be given to issues of non-discrimination, equality and vulnerability;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Health financing in the context of the right to health 2012, para. 21
- Paragraph text
- International tax competition has placed the burden of taxation in many States on consumption and income or wage-based taxes rather than taxes on business profits and capital income. Income and wage-based taxes, however, are difficult to collect in States with large informal sectors, including most of the developing world. These States incur significant administrative costs associated with tax collection from the informal sector, experience high levels of tax evasion and face difficulties in maximizing income tax bases. It is estimated, however, that taxing the informal sector could increase tax revenue by 35 to 55 per cent in some States. Innovative approaches to tax collection from the informal sector, including through State cooperation with informal workers' associations, have been successful in some instances and hold promise for increasing tax bases in States with large informal sectors. In order to ensure the availability of adequate, equitable and sustainable funding for health, as required by the right to health, States should not be left, as a result of tax liberalization policies, to rely primarily on tax revenue from sectors that are difficult to regulate. However, in order to promote equity in health funding through taxation, and given the size of potential revenue, States should make efforts to collect taxes from businesses in the informal sector, contingent upon the provision of State services and other benefits associated with being a taxable entity.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- N.A.
- Année
- 2012
Paragraphe
Migrant worker’s right to health 2013, para. 26
- Paragraph text
- Some States prohibit agencies from recruiting workers or a class of workers, such as domestic workers, to countries or employers who habitually deprive migrants of adequate rest, nutritious food, medical care and sleep. However, as this may result in migrant workers seeking riskier routes to foreign employment, sending States should ensure that bilateral agreements with receiving States provide for strong protections and enforcement mechanisms against abuse and exploitation.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
The right to health and development 2011, para. 18a
- Paragraph text
- [The right to health framework complements current development approaches by underlining the importance of aspects such as participation, community empowerment and the need to focus on vulnerable populations. The right to health analytical framework "unpacks" the right to health, making it easier to understand and apply in practical settings. Its key elements are as follows:] Identification of relevant national and international human rights laws, norms and standards;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
The realization of the right to health of older persons 2011, para. 18
- Paragraph text
- The Special Rapporteur believes that States should allocate more resources for the provision of geriatric healthcare in order to ensure that all healthcare workers, irrespective of specialty or profession, are adequately trained to deal with the particular health issues associated with ageing. They should also be trained on the right to health so that they interact with elderly patients in an appropriate, considerate and non-discriminatory manner.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Older persons
- Année
- 2011
Paragraphe
Migrant worker’s right to health 2013, para. 72
- Paragraph text
- The right to health requires States to ensure access to health facilities, goods and services, especially for vulnerable groups, such as migrant women workers. Health services, information and education should be tailored to the specific needs of women - such as sexual and reproductive health needs, including access to contraception and safe legal abortion - and pay attention to the special vulnerability of low-skilled migrant workers, regardless of immigration status.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Access to medicines in the context of the right-to-health framework 2013, para. 62
- Paragraph text
- Poor quality medicines are genuine products that do not meet quality specifications due to poor manufacturing practices. They can cause drug resistance, adverse effects and even death. Contrary to popular belief, recent studies indicate that there may be fewer poor quality medicines on the market than previously estimated. A potential explanation for this could be the tendency to conflate poor-quality with counterfeit medicines.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Health
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Criminalisation of sexual and reproductive health 2011, para. 11
- Paragraph text
- Criminal laws are enacted by the State to regulate conduct perceived as threatening, dangerous, or harmful to an individual, to other individuals or society. Such laws represent the strongest expression of the State's power to punish and are among its most intentional acts. Criminal laws punish those who engage in prohibited conduct; they are also intended to deter others from similar conduct, incapacitate and rehabilitate offenders, and provide restitution for victims.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The right to health and development 2011, para. 42
- Paragraph text
- However, there is still insufficient attention to these interactions, particularly in respect of development work. For instance, performing a human rights impact assessment of development policies and programmes, and documenting human rights abuses, are strategies that largely deal with the first two relationships mentioned. Incorporating human rights into each aspect of health-related development programming from its initiation is much more difficult to achieve.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Right to health in conflict situations 2013, para. 25
- Paragraph text
- Persons who require continuous care have particular health needs which, if unaddressed, can increase unnecessary deaths during conflict. For example, treatment interruption and lack of availability of treatment may render people living with HIV, tuberculosis and cancer, more vulnerable to ill-health. The lack of availability of medication and psychosocial services can likewise prove especially detrimental to mental health patients, some of whom may require continuous treatment.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Humanitarian
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Access to medicines in the context of the right-to-health framework 2013, para. 24
- Paragraph text
- The Special Rapporteur was informed that pharmaceutical companies adopt various methods to reduce price transparency in order to work around any loss incurred from ERP. They introduce their products in high-price markets first, to be used as reference countries, thus maximizing the price. Additionally, transparency is reduced when companies list high prices in a country while granting discounts and rebates on the condition of confidentiality.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Health
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Criminalisation of sexual and reproductive health 2011, para. 15
- Paragraph text
- Criminal laws and other legal restrictions on sexual and reproductive health may have a negative impact on the right to health in many ways, including by interfering with human dignity. Respect for dignity is fundamental to the realization of all human rights. Dignity requires that individuals are free to make personal decisions without interference from the State, especially in an area as important and intimate as sexual and reproductive health.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The realization of the right to health of older persons 2011, para. 16
- Paragraph text
- When appropriate, clinical trials should be conducted with the participation of older persons in order to determine the effect of these medications on that population group, due to the frequency with which older persons may use these medications. Given the substantial underrepresentation of older patients in studies on various diseases, clinical trial recruitment should be diversified to include a number of considerations including age, gender and race.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Older persons
- Année
- 2011
Paragraphe
Right to health in conflict situations 2013, para. 39
- Paragraph text
- Unaffordable health-care services, high taxes and confiscation of essential supplies by parties to the conflict increase the vulnerability of marginalized communities. Accessibility may further be hindered due to lack of linguistic and culturally appropriate health services and information. Failure to recognize the different needs of marginalized communities may deter them from accessing health care, as well as contribute to a profound sense of isolation and disempowerment.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Humanitarian
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Access to medicines in the context of the right-to-health framework 2013, para. 41
- Paragraph text
- The NEMLs are based on the rationale that a limited range of priority medicines contributes to better health care and optimizes the use of financial resources in resource-limited settings. The NEML also serves as a guide for public procurement of medicines and provides guidance for local production of medicines. Notably, in both developed and developing countries NEMLs are used to guide cost-containment measures for pharmaceutical expenditures.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Health
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
The right to health and development 2011, para. 18f
- Paragraph text
- [The right to health framework complements current development approaches by underlining the importance of aspects such as participation, community empowerment and the need to focus on vulnerable populations. The right to health analytical framework "unpacks" the right to health, making it easier to understand and apply in practical settings. Its key elements are as follows:] States have duties to respect, protect and fulfil the right to the highest attainable standard of health;
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
The realization of the right to health of older persons 2011, para. 46
- Paragraph text
- Home care is generally understood as medical services performed by professionals in the patient's home, as opposed to care provided in specialized institutions. It generally allows older persons a greater degree of autonomy over their lives than institutional care. However, home care should be understood as medical home care delivered by health professionals, as opposed to informal care that is provided by family members or other individuals.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Families
- Older persons
- Année
- 2011
Paragraphe
Migrant worker’s right to health 2013, para. 8
- Paragraph text
- The International Labour Organization (ILO), through various conventions and recommendations places obligations on States and certain duties to recruitment agencies, requiring them to take steps to prevent abuse and exploitation of migrant workers. It focuses on occupational health and safety of migrant workers and recommends measures to promote reunification of families, which can have a positive effect on mental health as it provides social support to migrant workers.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
Paragraphe
Right to health in early childhood - Right to survival and development 2015, para. 55
- Paragraph text
- Modern health systems and modern health policies should not be limited to a biomedical model of addressing separate diseases and managing them with advanced biomedical interventions. Addressing social and other underlying determinants of health by applying modern principles of health promotion, primary care, mental health and integrated health and social services is legally required by the right to health, including in early childhood.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Année
- 2015
Paragraphe
Work of the mandate and priorities of the SR 2015, para. 105
- Paragraph text
- The human rights approach, together with the modern understanding of public health, warns against typifying violence into severe forms and those forms which are considered to be "milder" and thus perceived as not harmful. That can lead to the proliferation of practices which are justified as being "mild" forms of violence and thus tolerated or even recommended, such as domestic violence against women, female genital mutilation or the institutional care of young children.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Harmful Practices
- Health
- Personnes concernées
- Children
- Women
- Youth
- Année
- 2015
Paragraphe
Report of the SR on the right to health and Agenda 2030 2016, para. 92
- Paragraph text
- Violence is a complex, multi-layered public health phenomenon that affects mortality, mental health, sexual and reproductive health and infectious and non communicable disease outcomes across the globe. The reduction or elimination of violence within the home, medical and educational settings and broader society is a prerequisite for the realization of the right to health. Violence is one of the most compelling barriers to and determinants of the right to health.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 28
- Paragraph text
- The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights also requires the Committee to "consider the reasonableness of the steps taken by the State Party" (art. 8 (4)). The Committee has laid out several considerations to be taken into account when determining reasonableness, such as whether measures were deliberate, concrete and targeted; whether non discrimination and non-arbitrariness were ensured; whether allocation of resources was in accordance with international human rights standards; whether the policy utilized the least restrictive option; the time frame of the policy; and whether the situation of vulnerable groups was taken into account (E/C.12/2007/1, para. 8). Vulnerable groups should not be limited to those specific groups mentioned in general comment No. 14, but should include any group that is disproportionately affected by a particular ailment or otherwise marginalized on account of its members' political, social or economic exclusion; discrimination and stigmatization suffered by that group; restrictions in law or in practice on giving informed consent or exercising full autonomy by members of that group; or the group's inability to enforce rights, gain access to State benefits or enjoy regulatory protection.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Work of the mandate and priorities of the SR 2015, para. 13
- Paragraph text
- The mandate of the Special Rapporteur on the right to of everyone to the enjoyment of the highest attainable standard of physical and mental health was originally established by the Commission on Human Rights in April 2002 in resolution 2002/31, and renewed in 2005 in resolution 2005/24. Subsequent to the replacement of the Commission with the Human Rights Council in June 2006, the mandate was endorsed and extended by the Council through resolutions 6/29, 15/22 and 24/6.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe
Report of the SR on the right to health and Agenda 2030 2016, para. 22
- Paragraph text
- The Sustainable Development Goals were born through a uniquely participatory process. They also include important commitments to participation, including target 16.7, Ensure responsive, inclusive, participatory and representative decision-making at all levels, as well as other Goals and targets that are crucial to free, informed and meaningful participation, such as public access to information and the protection of fundamental freedoms (target 16.10).
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Right to health in early childhood - Right to survival and development 2015, para. 99
- Paragraph text
- Progressive realization has a number of implications. For example, States must have a national plan for the right to health and development in early childhood, the lead for which should be taken by the health authorities, especially for children under 3 years of age. In addition, coordinated governance across health, education and social protection policies, plans and programmes should be enhanced at both national and local levels.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Health
- Personnes concernées
- Children
- Année
- 2015
Paragraphe
Work of the mandate and priorities of the SR 2015, para. 118
- Paragraph text
- The role of private companies, such as pharmaceutical ones, should also be highlighted. The work of previous mandate holders has been crucial to underline their duties with regard to right to health, in particular the Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines (A/63/263, annex). The Special Rapporteur will be addressing those issues with a view to ending unacceptable practices and entrenched misconceptions.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Right to health of adolescents 2016, para. 23
- Paragraph text
- Further group-specific protections are found in other human rights treaties, but the Committee on the Rights of the Child has been at the forefront of efforts to apply the right to health in the context of adolescents, notably in its general comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child and general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- Adolescents
- Children
- Année
- 2016
Paragraphe
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 37
- Paragraph text
- The obligation to promote the right to health requires States to take actions to create, maintain and restore the health of the population. In order to fulfil this obligation, a State must: (a) foster recognition of factors favouring positive health results; (b) ensure that services are culturally appropriate; (c) disseminate appropriate information; and (d) support people in making informed choices about their health.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Right to health in early childhood - Right to survival and development 2015, para. 24
- Paragraph text
- The Constitution of WHO defines health as "a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity". Development in childhood consists of interconnected domains: physical, cognitive-linguistic and social-emotional. WHO states that the three critical elements of healthy child development are stable, responsive and nurturing caregiving; safe, supportive environments; and appropriate nutrition.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Année
- 2015
Paragraphe