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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.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 52
- Paragraph text
- Community empowerment initiatives working with poor and marginalized communities have achieved extraordinary health outcomes, for example in the global fight to end HIV/AIDS (target 3.3) (E/HLPF/2016/2, para. 107). Economic and social empowerment, such as the decriminalization of sex work and sex worker mobilization, have improved health and identified critical health gaps (Goals 3 and 5). Community mobilization to attain adequate and stable housing for homeless people living with HIV can have life-saving implications for their health (targets 3.3 and 11.1). Efforts to empower parents in vulnerable situations through participatory parental education initiatives reduce the risk of negative health outcomes for their children (Goal 3 and targets 4.2, 5.2 and 16.2). When young girls have access to education, child mortality rates and girls' long-term health improve (Goals 3, 4 and 5) (A/70/213, para. 9). Investments in such initiatives place the human rights principles of autonomy and participation at the centre of public health policy and are critical components of an open, inclusive and peaceful society.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Girls
- Youth
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 9
- Paragraph text
- Low birth weight, lack of breastfeeding, undernutrition, overcrowded living conditions, indoor air pollution, unsafe drinking water and food and poor hygiene practices are the main immediate risk factors for pneumonia and diarrhoea. However, while such diseases are proximate causes of death and are duly reflected in statistics, poverty and inequalities are the root causes, or underlying social determinants. Poverty increases young children's exposure to risks such as poor nutrition, violence, inadequate sanitation, lower levels of maternal education, inadequate stimulation in the home, increased maternal stress and depression and, at the same time, limits access to health and other services. In 2013 the under-5 mortality rate in low-income countries was more than 12 times the average rate in high-income countries. There are also significant disparities in under-5 mortality and morbidity within countries, driven by poverty, gender and other inequalities. Low levels of literacy and poor access to education among women correlate strongly with high rates of under-5 mortality.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Poverty
- Water & Sanitation
- Person(s) affected
- Children
- Women
- Youth
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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. 16
- Paragraph text
- Courts have enforced obligations to respect and protect with regard to the right to health. The African Commission on Human and Peoples' Rights elaborated, in Social and Economic Rights Action Center and Center for Economic and Social Rights v. Nigeria, that the obligation to respect within the right to health requires a State "to respect the free use of resources" of an individual or group "for the purpose of rights-related needs". In Marangopoulos Foundation for Human Rights v. Greece, the European Committee of Social Rights held that the State must engage in stronger regulatory practices to protect air quality, including the regulation of private actors, to protect its obligation under the right to health.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 35
- Paragraph text
- The right to occupational health indicators and benchmarks must be developed with the participation of workers and trade unions, including those in the informal economy. Monitoring of occupational health laws and policies on the basis of these mechanisms must be done transparently and in partnership with workers and the civil society, and all information resulting from this process must be made publicly available and accessible. Moreover, States must ensure that workers are intimately familiar with the right to health indicators and benchmarks so they can participate in the monitoring and evaluation of occupational health laws and policies on the basis of these mechanisms. Workers are best positioned to determine whether laws and policies affecting their occupational health are meeting the right to health benchmarks, and they have the greatest stake in ensuring that these laws and policies comply with the right to health. Ensuring that workers are familiar with the right to health indicators and benchmarks will additionally facilitate prospective State accountability by allowing workers to ascertain whether their right to occupational health is being realized.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 24
- Paragraph text
- The right to access information is central to the right to health and an essential component of active and informed participation. It includes the right to access health-related education and information and to seek, receive and impart information and ideas concerning health issues. States also have a positive obligation in this respect to provide workers with health and rights-related information and to ensure that third parties, including private employers, do not limit access to such information. The ILO also requires States to ensure that national health laws and policies provide workers with comprehensive information, education and training related to occupational health. The right to occupational health thus requires that employers make available and accessible information concerning all health and safety risks, including those related to production inputs and equipment, machinery and chemicals used in the work place. States must further ensure that workers' right to access information affecting their occupational health supersedes employers' rights to protect commercial information under commercial confidentiality, trade secret and other related laws.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 12
- Paragraph text
- General Comment No. 14 of the Committee on Economic, Social and Cultural Rights recognizes that investments in health should not disproportionately favour expensive curative care services, which are often accessible only to a small fraction of the population, over primary and preventive health care, which benefit a far larger part of the population. Primary health-care services are generally less costly than secondary and tertiary care, which by definition require health-care workers with specialized training, sophisticated diagnostic equipment and significant physical health infrastructure. Investment in primary health care is thus more cost-efficient in the long run because it prevents illness and promotes general health, which reduces the need for more costly secondary and tertiary care. The resulting savings may be reinvested in the health system, possibly in the form of additional health-care subsidies for the poor. The right to health thus requires an efficient allocation of health funds and resources between primary, secondary and tertiary care sectors, with an emphasis on primary health care.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The realization of the right to health of older persons 2011, para. 13
- Paragraph text
- The Special Rapporteur believes that the dominant view, which considers ageing a biomedical problem, leads to the unfortunate perception of ageing as an abnormal or pathological phenomenon because it equates advanced age with illness. This position is not only inconsistent with the holistic approach to human health, but it also perpetuates a perception of older persons as dependent and sick. When considering the health of older persons, the Special Rapporteur is of the view that there must be a paradigm shift away from the perception of older persons as a "social burden" to one that emphasizes the process of "active ageing" and that will reorient our ideas about ageing to focus on the continuing contribution of older persons to society. According to WHO, active ageing aims to optimize opportunities for health, participation and security amongst older persons in order to enhance their quality of life. The word active therefore refers to continuing participation in social, economic, cultural and civic affairs, and not simply the ability to be physically active or to participate in the labour force.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Older persons
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to health and development 2011, para. 38
- Paragraph text
- The historical evolution of the response to HIV/AIDS is a good example of a health problem with strong implications for human development contained most effectively by protecting and promoting human rights. Jonathan Mann described three clearly defined phases in the response to the epidemic: the first period concerned discovery of the illness and corresponding uncertainty surrounding its containment, while the second period largely focused on individual risk reduction and behavioural change, accompanied by the use of discriminatory prevention measures justified under a "public health rationale". It was not until the third period, in the late 1980s, that a societal dimension was included in the approach to the disease, and the concept of "vulnerability" arose in identifying barriers to individual control over health. The "traditional" public health approaches initially applied to HIV/AIDS, consisting of information, education and services targeted at changing individuals' behaviour and reducing risk, were effective but ultimately insufficient to contain the spread of HIV/AIDS, not least because they assumed a static social environment.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 24
- Paragraph text
- Other legal restrictions also contribute to making legal abortions inaccessible. Conscientious objection laws create barriers to access by permitting health-care providers and ancillary personnel, such as receptionists and pharmacists, to refuse to provide abortion services, information about procedures and referrals to alternative facilities and providers. Examples of other restrictions include: laws prohibiting public funding of abortion care; requirements of counselling and mandatory waiting periods for women seeking to terminate a pregnancy; requirements that abortions be approved by more than one health-care provider; parental and spousal consent requirements; and laws that require health-care providers to report "suspected" cases of illegal abortion when women present for post-abortion care, including miscarriages. These laws make safe abortions and post-abortion care unavailable, especially to poor, displaced and young women. Such restrictive regimes, which are not replicated in other areas of sexual and reproductive health care, serve to reinforce the stigma that abortion is an objectionable practice.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Youth
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 59
- Paragraph text
- Laws restricting information about sexual and reproductive health and which censor discussions of homosexuality in the classroom fuel stigma and discrimination of vulnerable minorities. For example, laws and policies that promote abstinence-only education reduce sexual education to images and stereotypes of heteronormativity, given their focus on procreation; some of these programmes even contain explicitly discriminatory content on gender and sexual orientation. In certain instances, teachers have been suspended or threatened with lawsuits for engaging in discussions on "inappropriate" sexual matters with their students when discussing sexual and reproductive health issues in the classroom. In other cases, pursuant to abstinence-only and anti-obscenity policies, school districts, courts and legislators have prohibited civil society organizations from meeting in public schools. Such laws and policies perpetuate false and negative stereotypes concerning sexuality, alienate students of different sexual orientations and prevent students from making fully informed decisions regarding their sexual and reproductive health.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Ethnic minorities
- LGBTQI+
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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. 64
- Paragraph text
- The amount of compensation awarded runs into millions of dollars and is an additional blow to developing States, especially those undergoing or recovering from crisis. For example, in Al-Kharafi v. Libya, the claimant was awarded more than $935 million. The enormous size of such awards can have a negative effect on the State's ability to implement health policies. For example, in CME v. Czech Republic, the compensation awarded to the investor was equal to the entire health budget of the State. States may also have to bear not only legal costs incurred by them during arbitration but also those incurred by the successful claimant. Even where States are successful, they may have to pay a heavy fee for the arbitrators.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 14
- Paragraph text
- Many in the formal workforce find themselves in a situation similar to those in the informal workforce. There is a growing trend toward contractualization and informalization of formal work, a process by which workers become their own employers and thereby may lose occupational health protections otherwise afforded to them as employees. At the same time, many developed economies are systematically moving away from standard work-full-time, year-round, permanent wage employment with a single employer with adequate statutory benefits and entitlements -, leading to an increase in part-time, casual, temporary, self-employed or contingent workers. While such workers are not technically part of the informal economy because their work and workplaces are likely to be still regulated, they may face difficulties similar to those faced by informal workers. For example, in many developed economies, employers are not required to provide health benefits to part-time and temporary employees. Both contractualization and the trend towards replacing standard work with atypical work often represent attempts by employers to evade their responsibility under existing occupational health regimes.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 36
- Paragraph text
- Single payer systems with a single risk pool or multiple payer systems with multiple risk pools reduce financial barriers to accessing health facilities, goods and services, as required under the right to health approach. In single payer systems, one organization collects and pools funds and purchases services for the entire population. In most cases, all pool members within the system are provided access to the same health goods and services. Owing to its ability to generate and raise funds, through mechanisms such as taxation, and compulsorily enrol large numbers of people, the Government, in most cases, administers the pool and purchases health goods and services in a single payer system. Single risk pools promote equitable access to health facilities, goods and services in accordance with the right to health approach by allowing for greater cross-subsidization than systems with smaller, fragmented pools. Single payer systems are thus effective in promoting universal access to health facilities, goods and services, reducing out-of-pocket payments, and insulating users from catastrophic health expenditures.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 57
- Paragraph text
- General Comment No. 14 places emphasis on access to information because it is a critical component of the right to health (ibid; footnote 8), and particularly guarantees access to sexual and reproductive health information. States are additionally required to provide adequate resources and refrain "from censoring, withholding or intentionally misrepresenting health-related information, including sexual education and information (see E/C.12/2000/14, para. 14)". The Committee on the Elimination of Discrimination against Women has recommended that a comprehensive understanding of the content of sexual and reproductive education encompass the topics of reproductive rights, responsible sexual behaviour, sexual and reproductive health, prevention of sexually transmitted infections including HIV/AIDS, prevention of teenage pregnancies, and family planning, and stressed that education campaigns are urgently needed to combat harmful practices such as female genital mutilation. Comprehensive education and information on sexual and reproductive health is also useful in reducing knowledge gaps between men and women on these issues.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Men
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Corruption and the right to health 2017, para. 56
- Paragraph text
- Private hospital and insurance boards and other institutions responsible for the financing and provision of health care or underlying determinants have an important role to play in combating corruption and lack of transparency within their organizations. They must ensure that they comply with national laws and regulations regarding corruption and human rights. They may adopt an anti-corruption strategy, including internal regulations aimed at prohibiting and preventing the diversion of budgets, medicines or medical supplies for personal advantage; the acceptance of informal payments by their health personnel; preferential treatment for well-connected individuals; the use of hospital equipment for private business; the improper referral of public hospital patients to private practices; and illegitimate absenteeism of medical personnel while being paid. When it comes to preventing informal payments, the creation of individual contracts with personnel and increased pay scales while sanctioning poor performance are recommended. In the case of whistle-blowers, hospital boards and other actors should refrain from punitive actions and provide adequate protection and guarantees to safeguard their personnel and services.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Corruption and the right to health 2017, para. 27
- Paragraph text
- In recent years, a number of United Nations human rights bodies have acknowledged the negative impacts of corruption on the enjoyment of human rights. By its decision 2002/106, the Sub-Commission on the Promotion and Protection of Human Rights appointed a Special Rapporteur on the impact of corruption on human rights, in particular economic, social and cultural rights. In her reports, the Special Rapporteur established that the enjoyment of both civil and political and economic, social and cultural rights are seriously undermined by corruption. In a report published in 2015, the Advisory Committee to the Human Rights Council explained that a human rights perspective on the impact of corruption can move the victims to the centre of the fight against corruption by highlighting the negative impacts of corruption on the individuals and groups concerned. The human rights perspective also reveals that the State bears the ultimate responsibility for such acts. Establishing the links between corruption and human rights can promote access to human rights mechanisms to combat corruption, thus creating new opportunities for monitoring and litigation (see A/HRC/28/73, paras. 27-28 and 32).
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Corruption and the right to health 2017, para. 24
- Paragraph text
- The right to health gives rise to obligations that provide a framework for action for duty bearers, as well as a framework of reference for monitoring and accountability. The right to health is subject to progressive realization. This means that many aspects of the right to health do not have to be realized immediately; rather, States must take effective and targeted measures towards the progressive realization of the right to health. However, States also have some immediate obligations, including core obligations such as the equitable distribution of health facilities, goods and services; the provision of essential medicines; access to minimum essential food, basic shelter, safe and potable water and sanitation; and the adoption of a national health strategy and plan of action on the basis of epidemiological information. The Committee on the Rights of the Child has also highlighted that universal health coverage is a core obligation (see the Committee’s general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 72). States must adopt and enforce legislative, regulatory and policy measures to ensure that corruption does not impede the fulfilment of their progressive and core obligations.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Children
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Corruption and the right to health 2017, para. 18
- Paragraph text
- The Special Rapporteur is concerned that there is a “normalization of corruption” in health care; corruption can be so pervasive that it becomes accepted as “normal”. Yet these practices lead to groups and individuals being disadvantaged and to the infringement of human rights, such as access to health care on the basis of equality and non-discrimination. Changing views and perceptions in institutions and society of corruption as normal, unavoidable and justified is an important element in addressing the problem of corruption. Informal payments can be reduced by engaging with the public in a debate about the adverse consequences of corruption, with a view to changing cultural values in relation to corruption. Codes of conduct and ethics, training and education can also be used to support responsible conduct among professionals, including avoiding corrupt behaviour, although they may not be sufficient alone for behaviour change where it is most needed. States should also take action to address other trigger factors such as low or unpaid salaries, cumbersome administrative procedures and excessive red tape, as well as enhancing transparency, participation and accountability.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Corruption and the right to health 2017, para. 14
- Paragraph text
- Corruption is a significant challenge to the delivery of quality health care, which is central both to the right to health and to the commitment under Sustainable Development Goal 3 to universal health coverage. The health sector is extremely vulnerable to corruption at all levels — grand and petty, political and institutional — and occurring in both the public and private sectors. It is estimated that every year 180 billion euros are lost to fraud and corruption in health care globally. Health sector corruption negatively affects the (financial) resources available for health care; resources that are drained through embezzlement and procurement fraud are no longer available for paying salaries, funding health-care delivery or maintenance. For example, there is evidence suggesting that health sector corruption has a negative effect on cancer care and care for HIV/AIDS. While these trends are visible in countries at all levels of development, it is evident that lower-income countries are more deeply affected by health sector corruption and a lack of transparency. In some countries, the health sector is considered to be the most corrupt sector of all.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Corruption and the right to health 2017, para. 10
- Paragraph text
- There are many other manifestations of corruption in the health sector and beyond. The present report focuses on several non-exhaustive, illustrative examples.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 76
- Paragraph text
- The right to health is a powerful guide for States towards a paradigm shift that is recovery and community-based, promotes social inclusion and offers a range of rights-based treatments and psychosocial support at primary and specialized care levels.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 61
- Paragraph text
- The element of quality compels going beyond the idea of users as mere recipients of care towards their full consideration as active holders of rights. To stop discriminatory practices, States should rethink the way they provide mental health care and support (see A/HRC/34/58).
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 54
- Paragraph text
- The right to mental health requires care and support facilities, goods and services that are available, accessible, acceptable and of good quality. Rights-based care and support for mental health is an integral part of health care for all.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 49
- Paragraph text
- The problem is not in diagnosing persons but in the discriminatory practices that affect the diagnosed person, which may cause more harm than the diagnosis itself. People frequently suffer more from discriminatory and inappropriate patterns of “care” than from the natural effects of mental health conditions.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 33
- Paragraph text
- The Committee on the Rights of Persons with Disabilities emphasizes full respect for legal capacity, the absolute prohibition of involuntary detention based on impairment and the elimination of forced treatment (see A/HRC/34/32, paras. 22-33). That responds to the inadequacy of procedural safeguards alone, requiring sharpened attention to non-coercive alternatives and community inclusion to secure the rights of persons with disabilities. Within that evolving framework, not all human rights mechanisms have embraced the absolute ban on involuntary detention and treatment articulated by the Committee. They include the Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (see CAT/OP/27/2), the Committee Against Torture and the Human Rights Committee. However, their interpretation of exceptions used to justify coercion is narrower, signalling ongoing discussions on the matter. Notably, in the United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court, the Working Group on Arbitrary Detention supported the provisions of the Convention on the Rights of Persons with Disabilities with regard to safeguards on the prohibition of arbitrary detention (see A/HRC/30/37, paras. 103-107).
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 26
- Paragraph text
- The incorporation of physical activity and healthy lifestyles into existing national health plans, or the development of such a plan, should be a foremost priority of States under the right to health, as a core obligation that is not subject to the principle of progressive realization, alongside non-discrimination. The Global Strategy on Diet, Physical Activity and Health encourages States to build on existing national strategies and action plans concerning aspects of diet, nutrition and physical activity, and to create a national coordinating mechanism that addresses diet and physical activity within a comprehensive plan for preventing non-communicable diseases and promoting health. However, in many countries, there is alarmingly little planning: WHO has noted a paucity of national physical activity guidelines in low- and middle-income countries, and has confirmed that the public health significance of physical activity warrants the development of such guidelines. Such guidelines must be developed in reference to prevailing evidence and good practices in the region concerned.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 13
- Paragraph text
- There has been a troubling tendency to view engagement in physical activity as an individual or moral obligation, and to characterize a sedentary lifestyle as a personal failing, to be overcome with willpower. This ignores the powerful role that social or structural determinants of health play in dictating supposed lifestyle "choices", and the vital role of the State in mitigating the effect of such negative determinants by promoting, facilitating and encouraging the adoption of healthy lifestyles through education, social policy and public investments. Illustrating this principle, the Committee on Economic, Social and Cultural Rights has expressly stated that the obligation to "fulfil" requires States to disseminate appropriate information relating to healthy lifestyles and nutrition and to encourage and support people in making informed choices about their health; this encompasses provision of appropriate information regarding sport and physical activity, and ensuring the availability, accessibility, acceptability and quality of certain goods, services and facilities.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
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Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 8
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- It has been estimated that over 7 per cent of deaths annually are attributable to low levels of physical activity, along with more than 4 per cent of years of life lost due to disability (disability-adjusted life years). Physical inactivity is estimated as being responsible for up to 25 per cent of cases of breast and colon cancer, 27 per cent of cases of diabetes and 30 per cent of cases of ischaemic heart disease. Conversely, participation in physical activity and sport has numerous beneficial effects. Physical activity reduces the risk of developing cardiovascular diseases, diabetes and cancer, improves levels of high-density cholesterol, reduces blood pressure, and improves blood glucose level control among the overweight. Physical activity also reduces the risk of depression and is a vital aspect of energy balance and weight control. Accordingly, WHO has developed the Global Recommendations on Physical Activity for Health, which are designed to provide guidance on the optimal and the minimum levels of exercise that individuals should partake in to accrue these health benefits.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 91
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- Addressing violence cuts across the Sustainable Development Goals and is critical to the realization of the right to health. The Goals envisage "a world free from fear and violence" and include specific commitments to eliminate all forms of violence against all women and girls in the public and private spheres (target 5.2); to eliminate all harmful practices, including child early and forced marriage and genital mutilation (target 5.3); to significantly reduce all forms of violence and related death rates everywhere (target 16.1); and to end all forms of violence against and torture of children (target 16.2). The Goals also include a commitment to build capacities to prevent violence (target 16.a). In addition, several other Goals address risk factors linked to violence, including ending poverty (Goal 1), ensuring healthy lives and promoting well-being (Goal 3), ensuring quality education (Goal 4), addressing inequalities (Goal 10) and making cities and settlements safe (Goal 11). As recognized in the Goals, reducing and eliminating violence is critical to transforming the world into a peaceful and inclusive global community.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
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