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The right to mental health 2017, para. 58
- Paragraph text
- Mental health services must be respectful of medical ethics and human rights, as well as culturally appropriate, sensitive to gender and life-cycle requirements and designed to respect confidentiality and empower individuals to control their health and well-being. They must respect the principles of medical ethics and human rights (including “first, do no harm”), choice, control, autonomy, will, preference and dignity. Overreliance on pharmacological interventions, coercive approaches and in-patient treatment is inconsistent with the principle of doing no harm, as well as with human rights. Human rights capacity-building should be routinely provided to mental health professionals. Services must be culturally appropriate and acceptable to persons with intellectual, cognitive or psychosocial disabilities and with autism, adolescents, women, older persons, indigenous persons, minorities, refugees and migrants, and lesbian, gay, bisexual, transgender and intersex persons. Many within those populations are needlessly medicalized and suffer from coercive practices, based on inappropriate and harmful gender stereotypes.
- 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
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Ethnic minorities
- LGBTQI+
- Persons on the move
- Persons with disabilities
- Women
- Année
- 2017
Paragraphe
The right to mental health 2017, para. 12
- Paragraph text
- One decade later, progress is slow. Effective, acceptable and scalable treatment alternatives remain on the periphery of health-care systems, deinstitutionalization has stalled, mental health investment continues to be predominantly focused on a biomedical model and mental health legislative reform has proliferated, undermining legal capacity and equal protection under the law for people with cognitive, intellectual and psychosocial disabilities. In some countries, the abandonment of asylums has created an insidious pipeline to homelessness, hospital and prison. When international assistance is available, it often supports the renovation of large residential institutions and psychiatric hospitals, undermining progress.
- 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
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- Persons on the move
- Persons with disabilities
- Année
- 2017
Paragraphe
Corruption and the right to health 2017, para. 23
- Paragraph text
- 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.
- 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
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- Families
- Persons on the move
- Année
- 2017
Paragraphe
Report of the SR on the right to health and Agenda 2030 2016, para. 94
- Paragraph text
- To date, the approach to violence reduction has been fragmented, compartmentalizing different forms of violence. Importantly, many forms of violence continue to be tolerated within societies and even supported by States. For example, violence against women and children remains accepted in many societies as a cultural norm. The institutional care of young children, a clear act of violence against children, remains widespread in many countries. Around the world, many groups in vulnerable situations, including women, persons with disabilities, migrants and refugees, and lesbian, gay, bisexual, transgender and intersex persons, experience numerous forms of violence. Each example is also a violation of various human rights protected under international law, including 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
- Thèmes
- Violence
- Personnes concernées
- Children
- LGBTQI+
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Année
- 2016
Paragraphe
Right to health of adolescents 2016, para. 82
- Paragraph text
- The vulnerability of the growing number of adolescents in refugee camps or seeking asylum is worrying. States are reminded of their broad international obligations to protect refugees and ensure necessary assistance in the enjoyment of their rights, including the right to optimum mental health and well-being.
- 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
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Adolescents
- Persons on the move
- Année
- 2016
Paragraphe
Work of the mandate and priorities of the SR 2015, para. 43
- Paragraph text
- For example, such a retrogressive tendency has been observed in the area of sexual and reproductive health and rights, and with regard to discrimination against groups in vulnerable situations, including children, documented and undocumented migrants, persons with disabilities and lesbian, gay, bisexual and transgender persons. In his reports and through his other activities, the Special Rapporteur will highlight the need and importance of applying the principle of the interdependence and indivisibility of human rights, and will underline how essential this is for the full realization 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
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- LGBTQI+
- Persons on the move
- Persons with disabilities
- Année
- 2015
Paragraphe
Right to health in early childhood - Right to survival and development 2015, para. 76
- Paragraph text
- Inequalities and discrimination obstruct equitable healthy development and educational attainment among young children from marginalized groups, including persons living in poverty, minority and indigenous groups, the girl child, persons with disabilities, persons in underserved areas such as rural populations, refugees, internally displaced children and children living in areas affected by conflict. Inequalities and discrimination ultimately contribute to health and other inequalities later in life and to the intergenerational transmission of disadvantage.
- 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
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Ethnic minorities
- Girls
- Persons on the move
- Persons with disabilities
- Youth
- Année
- 2015
Paragraphe
Work of the mandate and priorities of the SR 2015, para. 30
- Paragraph text
- Other thematic reports have explored the enjoyment of the right to health and the underlying determinants, including water and sanitation, occupational health, the right to health in conflict, unhealthy foods, and the right to health of migrants, older persons and persons with psychosocial disabilities (including the key issue of informed consent).
- 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
- Thèmes
- Equality & Inclusion
- Health
- Water & Sanitation
- Personnes concernées
- Older persons
- Persons on the move
- Persons with disabilities
- Année
- 2015
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. 29
- Paragraph text
- In reviewing whether a State has fulfilled its obligations under the Covenant, it is important to consider that even well-considered policies making use of a State's maximum available resources may lead to poor health outcomes owing to external circumstances, such as an influx of refugees, an outbreak of an epidemic or an economic recession. Even in such cases of resource constraint, States should fulfil their core obligations and other immediate obligations without discrimination. States should not be allowed to use external circumstances as an excuse for retrogressive measures such as cutting certain health-related policies as part of a redistribution of funds from the health sector.
- 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
- Thèmes
- Health
- Humanitarian
- Personnes concernées
- Persons on the move
- Année
- 2014
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
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
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
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
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
- Thèmes
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
Paragraphe
Right to health in conflict situations 2013, para. 42
- Paragraph text
- Moreover, displaced persons are particularly vulnerable when their legal status prevents them from accessing health facilities, goods and services and availing themselves of economic opportunities. Many may be forced to work in poor or unsafe working conditions, further exposing them to poor health. Competing demands for access to health care and the underlying determinants of health may lead to rising tensions at the expense of both host and displaced communities. Displaced communities may consequently face discrimination in accessing health facilities, goods and services and underlying determinants.
- 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
- Thèmes
- Economic Rights
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 33
- Paragraph text
- Furthermore, test results are passed on to employers or recruitment agencies without the migrant worker's consent, breaching the requirement of confidentiality and contrary to international recommendations. Additionally, pre- and post-test counselling protocols may not be followed, even when required by law. A right to health approach, however, requires that counselling, voluntary testing and treatment be treated as a health-care continuum. Migrant workers who test positive for HIV may remain in an irregular situation, making them more vulnerable to abuse by employers and less likely to access medical treatment. In cases of pregnancy, women may resort to risky illegal abortion to avoid deportation. Further, compulsory testing stigmatizes those who are deported based on positive test results.
- 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
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 29
- Paragraph text
- Many receiving States require migrant workers to undergo compulsory medical testing for certain conditions such as HIV, tuberculosis and pregnancy as part of their immigration policy. Though quite a few countries have eased HIV-related travel restrictions, compulsory testing for HIV for residence and work, especially for low-skilled migrant workers, continues in over 40 countries. This is despite commitment by States to enact legislation eliminating all forms of discrimination against persons living with HIV and recommendations against compulsory tests for 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
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 71
- Paragraph text
- Domestic and sexual violence, lack of redress for rights violations and lower wages than male counterparts reflect gender-based discrimination and aggravate its negative effects in the health-care setting and access to health care faced by migrant workers generally. Furthermore, gendered power imbalances and lack of access to health services, information and redress affects the ability of women, especially sex workers, to negotiate safe sex, which increases their vulnerability to HIV. Sending and receiving States should therefore address the compounded vulnerability of female migrant workers, particularly those with irregular status, in the development and implementation of evidence-based and participatory health policies and strategies.
- 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
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 76c
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Encourage collection of disaggregated data by age and gender of all migrant workers, to assess their level of health-related knowledge, health needs and occupational injuries and deaths, including suicide, and accordingly inform policies regarding migrant workers. Such information should be protected by adequate data protection measures to ensure privacy and confidentiality of the data;
- 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
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 14
- Paragraph text
- Accordingly, States should ensure the participation of migrant workers, including irregular migrant workers, in the formulation, implementation, monitoring and enforcement of laws and policies, including in the negotiation of bilateral agreements. As trade unions are considered fundamental in promoting workers rights, including occupational health, regular and irregular migrant workers, should be encouraged to participate in or form unions. Effective participation, especially of irregular workers requires positive measures by States to create an environment in which these groups can participate without fear of sanctions. Access to timely and accurate information is a prerequisite to meaningful participation in health-related decision-making.
- 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
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 44
- Paragraph text
- Health-seeking behaviour can be influenced by a migrant worker's cultural background. Cultural misunderstandings and apprehension of procedures which they are not traditionally and culturally familiar with act as barriers to access. Migrant workers may therefore prefer doctors who practise their native traditional systems of medicines and who better understand their diseases, as opposed to the host State's health-care providers, who are perceived to lack cultural sensitivity to their health problems and sometimes racist and therefore discriminatory.
- 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
- Thèmes
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 59
- Paragraph text
- The possibility of arrest, detention and deportation due to immigration status further discourages access to health facilities, goods and services, particularly for transgender sex workers who may face severe discrimination and abuse in their home country. Health needs of migrant sex workers are poorly understood in many countries, resulting in policies that fail to address their needs and vitiate the right to health. For example, possession of a condom as evidence of sex work-related criminality actively deters migrant sex workers from carrying condoms, which results in risky sexual behaviour and exposure to HIV and other sexually transmitted infections.
- 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
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Movement
- Personnes concernées
- LGBTQI+
- Persons on the move
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 47
- Paragraph text
- Construction work is inherently hazardous because it involves working on scaffolding and unfinished structures and using powerful machinery. Falls have been found to be more common among migrant workers, while hand injuries from power tools and eye injuries from building materials lodging in unprotected eyes are also frequent occurrences. In hot climates, heat stroke, exhaustion, dehydration and heat-related cardiac conditions are of particular concern, especially for those compelled to work excessive hours. In addition, physical abuse by employers, overcrowded and unsanitary accommodation, non-payment of wages, confiscation of passports and contract substitution further increase health risks posed by construction work.
- 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
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 76l
- Paragraph text
- [The Special Rapporteur recommends that sending and receiving States take the following steps in order to realize the right to health of migrant workers:] Prevent the detention and deportation of migrant workers based on their health status and ensure the provision of care and treatment to such migrant workers at the first instance. At minimum, States should ensure that migrant workers are not deported without referral for treatment or to States where the required treatment is not available and accessible;
- 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
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 9
- Paragraph text
- The World Health Assembly resolution on the health of migrants recommends that States promote migrant-sensitive health policies, including information and service provision, and to promote equitable access of public health resources.
- 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
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Right to health in conflict situations 2013, para. 72c
- Paragraph text
- [The Special Rapporteur urges States to fulfil their international obligations and, in particular:] To respect, protect and fulfil the right to health of persons fleeing from conflict situations.
- 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
- Thèmes
- Health
- Humanitarian
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 32
- Paragraph text
- In some cases, even where prohibited under the laws of the sending States, outbound migrant workers may be subjected to compulsory testing because the receiving State may require it before granting work permits to migrant workers. Policies of receiving States that require compulsory tests for exclusively incoming migrant workers may be additionally discriminatory if similarly situated foreign nationals such as tourists or even diplomats may not be required to undergo compulsory testing.
- 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
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 75
- Paragraph text
- For women who carry a pregnancy to term in receiving States, difficulty accessing obstetric, pre- and post-natal and maternal health-care services and information may result in adverse health outcomes for both the woman and child, including premature birth, low birth weight, congenital malformation and perinatal, infant and maternal mortality. In contrast, it has been found that policies promoting social integration of the migrant community reduce unfavourable pregnancy-related outcomes for migrant women. Extending the 14-weeks maternity leave required under the Maternity Protection Convention or the maternity leave granted to nationals to women migrant workers would assist in making pregnancy-related health care and services accessible and in accordance with 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
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Right to health in conflict situations 2013, para. 40
- Paragraph text
- The health needs of certain groups are often overlooked in conflict due to limited or suspended services. Older persons are more at risk in conflict due to poor mobility and are less able to travel to health facilities. They may be unable to carry heavy packages of food or containers of water, and often live without family support, which renders them vulnerable to higher levels of malnutrition and disease. Similarly, persons with disabilities, often abandoned by families fleeing conflict, may face greater health and safety risks. Many facilities are unable to provide children with disabilities with the treatment and care suited to their physical developmental needs, hampering their ability to enjoy their 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
- Thèmes
- Equality & Inclusion
- Health
- Humanitarian
- Personnes concernées
- Children
- Families
- Older persons
- Persons on the move
- Persons with disabilities
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 46
- Paragraph text
- Occupational health is integral to the right to health. States should ensure that occupational health laws and policies address the unique vulnerabilities of migrant workers in dirty, dangerous and degrading (3D) industries and are implemented, monitored and enforced. The vulnerability of migrant workers in 3D jobs may be further intensified in cases of irregular migrant workers, who, due to their legal status are in a weaker position to negotiate their rights with employers. Furthermore, lax enforcement of laws and mechanisms like sponsorship systems in some countries, encourage exploitative practices. Sponsorship ties a migrant's authorization to work with one specific employer, and in some States, sponsorship gives an employer the power to refuse a migrant worker's request to transfer to another employer - such transfer may be sought due to abusive or unsafe working conditions.
- 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
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 55
- Paragraph text
- Discrimination and prejudice based on gender, ethnicity and socio-economic status intersect, causing chronic stress and making migrant domestic workers a highly vulnerable and marginalized group. Owing to their vulnerability, isolation and dependence, migrant domestic workers experience a range of violations which negate their enjoyment of the right to health and its underlying determinants. Violations include food and sleep deprivation, denial of medical treatment, squalid living conditions, non-payment of wages, excessive work hours (increasing the risk of accidents) and psychological, physical and sexual abuse. Cardiovascular, endocrine, skin, musculoskeletal, and psychological conditions have also been documented among migrant domestic workers, with worst cases resulting in death, including suicide.
- 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
- Thèmes
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Migrant worker’s right to health 2013, para. 61
- Paragraph text
- Participation of migrant sex workers in the formulation and implementation of health laws, programmes and collection of disaggregated data is required to ensure that health concerns of sex workers are addressed. Measures that provide a confidential and supportive environment for voluntary testing, treatment, referral and counselling, that educate sex workers about sexual and reproductive health rights, including preventing the transmission of HIV, and that tackle the marginalization experienced by sex workers are consistent both with epidemiological evidence and the right to health framework.
- 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
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe