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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
Report of the SR on the right to health and Agenda 2030 2016, para. 76
- Paragraph text
- Universal health coverage has been called "a practical expression" of the right to health. It is indeed a core obligation under children's right to health. However, not all paths to universal health coverage are consistent with human rights requirements. Targets 3.7 and 3.8 do not make explicit commitments to confer priority to the poor and marginalized either in the process of expanding coverage or in developing priorities as to which services to provide. Without those clear commitments, there is a risk that universal health coverage efforts will entrench inequality. For example, in countries lacking strong health systems, Governments may pursue strategies that prioritize expansion to groups in privileged positions, such as those working in the formal sector, where infrastructure and opportunistic private or national insurance schemes are readily available. Likewise, countries with centralized and expansive health coverage might soon proclaim achievement of universal health coverage, even while some of their most vulnerable subgroups are left with health care that is abusive, coercive and/or of poor quality.
- 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
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 32
- Paragraph text
- The Global Fund and the International Drug Purchase Facility (UNITAID) represent two successful examples of global pooling that have had significant positive impacts in the fight against HIV/AIDS, tuberculosis and malaria globally. Both the Global Fund and UNITAID have collected and pooled significant resources from donor States and through innovative financing mechanisms and allocated funds and resources based on need. Under programmes funded by the Global Fund, 3.3 million people living with HIV received antiretroviral treatments in 2011 alone and 9.3 million smear-positive cases of tuberculosis were detected and treated between 2010 and 2012. UNITAID has provided child-friendly treatment to 400,000 children living with HIV and delivered 46 million artemisinin-based combination therapies to first-line purchasers of malaria medications. Moreover, in contrast to bilateral aid and assistance from international financial institutions, the Global Fund and UNITAID have removed conditionalities and increased levels of transparency and stakeholder participation in funding processes and programmatic activities in accordance with the right to health approach to health financing.
- 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
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 31
- Paragraph text
- Other international instruments address the trafficking of people, including for the purposes of sexual exploitation. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime defines trafficking as "the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation" (art. 3 (a)). Exploitation is further defined to include the prostitution of others or other forms of sexual exploitation. Additionally, the Protocol states that the consent of any victim of trafficking is deemed irrelevant where circumstances such as vulnerability or abuse of power exist (art. 3 (b)).
- 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
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Corruption and the right to health 2017, para. 12
- Paragraph text
- Corruption is particularly detrimental in that it increases mistrust on the part of all stakeholders, especially users of services, not only in the health-care system but also in the abilities and performance of local and national authorities in general. While little research has been done on the impact of corruption on health outcomes, it is suggested, for example, that countries with higher levels of corruption have higher levels of child 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Right to health of adolescents 2016, para. 54
- Paragraph text
- Children, including adolescents, lack the full autonomy of adults while being subjects of rights. Article 12 of the Convention on the Rights of the Child addresses the legal and social status of children, recognizing their capacity to form their own views and to express them freely in all matters affecting them and giving them due weight in accordance with age and maturity.
- 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
- Adolescents
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to health of adolescents 2016, para. 22
- Paragraph text
- The Convention on the Rights of the Child provides a comprehensive normative and legally binding framework to address the right to health of adolescents under the age of 18, while other treaties, such as the International Covenant on Economic, Social and Cultural Rights, provide a framework relevant for all adolescents, including those aged 18 and 19.
- 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
- Adolescents
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 67
- Paragraph text
- Another key mechanism is the Independent Accountability Panel, appointed earlier in 2016, which will monitor progress towards the Global Strategy for Women's, Children's and Adolescents' Health. The Special Rapporteur welcomes the appointment of the Panel and will follow its work with interest.
- 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
- Adolescents
- Children
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 105
- Paragraph text
- It is also the obligation of States "to adopt legislation or to take other measures ensuring equal access to health care and health-related services provided by third parties." In relation to early child development and survival, States should introduce into domestic law, implement and enforce the International Code on Marketing of Breast-milk Substitutes.
- 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
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 93
- Paragraph text
- In recent years, the importance of accountability for the health of young children has been increasingly recognized by the international community, including in the Global Strategy on Women's and Children's Health and in the final report of the Commission on Information and Accountability for Women's and Children's 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Women
- Youth
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 86
- Paragraph text
- On the basis of international human right law and standards, States should prohibit unnecessary medical or surgical treatment during infancy or early childhood in order to guarantee the bodily integrity, autonomy and self- determination of the children 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 65
- Paragraph text
- In this connection, the importance of States' commitments under the global targets for improving maternal, infant and young child nutrition must be underlined. The targets are crucial to establishing priority areas for action and catalysing global change.
- 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
- Children
- Infants
- Youth
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 50
- Paragraph text
- The importance of primary health care, as expressed in the Declaration of Alma-Ata, adopted at the International Conference on Primary Health Care in 1978, and in article 24 of the Convention on the Rights of the Child must be underlined with regard to health promotion and health-care services for young children.
- 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
- Children
- Youth
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 43
- Paragraph text
- Article 3 of the Convention stipulates that in all actions concerning children, the best interests of the child shall be a primary consideration. This provision has wide-ranging implications for policy, including the allocation of resources, as well as decisions concerning individual children.
- 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
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 39
- Paragraph text
- The treaties set out entitlements and freedoms, assign duties, provide a legally binding framework and demand accountability. They demand particular efforts, mostly by States, to address inequality and discrimination, focusing on the most marginalized young children.
- 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
- Children
- Youth
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 35
- Paragraph text
- Infants and young children are holders of all rights enshrined in the Convention on the Rights of the Child as well as other international human rights treaties. The Convention affords special protection for early childhood in recognition of the important and particular challenges facing this age group and the progressive exercise of their rights, in accordance with their evolving capacities.
- 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
- Children
- Infants
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 23
- Paragraph text
- Nevertheless, there are still very few concrete examples of the actual practical application of a human rights-based approach to child survival and development. In order to make a difference, States should be intentional and explicit about the application of a human rights-based approach in their laws, policies, programmes, budgets and other measures.
- 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
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 11
- Paragraph text
- Significant progress has been made in reducing deaths among children under five, from 12.7 million deaths in 1990 to 6.3 million deaths in 2013. However, progress has been insufficient to meet goal 4, particularly in Oceania, sub-Saharan Africa, the Caucasus and Central Asia and Southern Asia.
- 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
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Adolescents
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 96
- Paragraph text
- The Convention on the Rights of the Child provides a comprehensive normative and legally binding framework to address the right to health and the holistic development of the young child. States have legally binding obligations to adopt and implement laws, regulations, policies, budgetary measures, programmes and other initiatives to ensure the respect, protection and fulfilment of the right to health, including healthy development, in early childhood.
- 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
- Children
- Youth
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 21
- Paragraph text
- Human rights are also one of six guiding principles of Every Newborn: An Action Plan to End Preventable Deaths. The Action Plan highlights that all planning and programming for reproductive, maternal and newborn health should be guided by principles and standards derived from international human rights treaties. A range of operational tools have also been developed to help States to systematically apply human rights standards in law, policy and service delivery for young children and their caregivers.
- 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
- Children
- Infants
- Youth
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 18
- Paragraph text
- In that resolution, the Human Rights Council requested the Office of the United Nations High Commissioner for Human Rights (OHCHR), in close collaboration with WHO and in consultation with other partners, to prepare a report on the practical application of the technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce and eliminate preventable mortality and morbidity of children under 5 years of age.
- 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
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 7
- Paragraph text
- Definitions of early childhood vary by country and region. The Committee on the Rights of the Child establishes the limit of early childhood at 8 years of age. This is a common categorization for early childhood used by, among others, the World Health Organization (WHO). In the present report, the Special Rapporteur focuses on children under 5 years of age. This age group is commonly further divided into the neonatal period (0-28 days), infancy (the first year of life) and the preschool years (1-5 years).
- 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
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 89
- Paragraph text
- It is encouraging that human rights are increasingly emphasized in the operations of these organizations, for instance through the International Olympic Committee code of ethics. The recent appointment of an independent human rights expert to review the policies of FIFA in relation to the Guiding Principles on Business and Human Rights is encouraging, as is the implementation by FIFA in 2010 of regulations on the status and transfer of players. However, more must be done to ensure that the right to health of athletes participating in these events is secured, particularly that of children.
- 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
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 87
- Paragraph text
- Private entities, including transnational corporations, should ensure that their operations do not undermine the realization of individual health rights. In particular, companies that produce tobacco, food or beverages should abide by industry- or Government-led regulations on marketing products to children in the sporting context. Companies involved in major sporting events must also ensure that their operations meet human rights standards, and must fully implement the Guiding Principles on Business and Human Rights - a responsibility shared with international sporting bodies.
- 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
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 48
- Paragraph text
- International sporting actors must take more action to ensure that the rights of children participating in their competitions or events are protected. Presently, there are no consistent minimum age limits for competing in international adult sporting events, nor is there any coordinated action regarding the international movement of children and adolescents for participation in high-level or professional sport. Responsibility for the well-being of young athletes is often delegated to States or national sporting organizations. International sporting actors should standardize policies and protocols concerning the participation of children in high-level or professional sport in order to protect the children's health and other human rights.
- 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
- Adolescents
- Children
- Youth
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 19
- Paragraph text
- States should ensure full compatibility between sport policies, rules, programmes and practices, and human rights law, and should intensify their efforts to prevent systemic and ad hoc rights violations perpetrated by third parties. States should develop policies that incorporate international human rights standards, and should require public and third-party providers to adopt policies that are compatible with human rights standards, making funding or support contingent on that adoption, where appropriate. For example, sport policy programmes could require national sports organizations to respect the Convention on the Rights of the Child and to conduct mandatory monitoring of child rights in sports.
- 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
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to health of adolescents 2016, para. 99
- Paragraph text
- States should adopt appropriate measures to protect children from illicit drug use and involvement in the illicit drug trade. However, this must be read in the context of the protections afforded by the Convention on the Rights of the Child and other human rights obligations. Almost all States have obligations under the three United Nations drug control conventions, which must be read in conformity with concurrent human rights obligations. The Framework Convention on Tobacco Control contains specific provisions aimed at the protection of children and young people, and which complement 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)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Youth
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to health of adolescents 2016, para. 63
- Paragraph text
- The commitment expressed in the Global Strategy on Women's, Children's and Adolescents' Health 2016-2030 to improve national and global accountability, including for adolescent health, is welcome, as is the broader commitment to accountability in the Sustainable Development Goals. In this connection, States should ensure the quality and timely collection of appropriately disaggregated data and that laws, policies and programmes concerning adolescent health are transparently and regularly reviewed. National assessments or public inquiries into adolescents' right to health are welcome and could be conducted by national institutions.
- 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
- Adolescents
- Children
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph