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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
Access to medicines in the context of the right-to-health framework 2013, para. 65
- Paragraph text
- Regulators in some of the developing countries surveyed by the Special Rapporteur reported the use of outdated methods and processes for enforcement, largely due to the lack of technical capacity, financial and human resources. For example, one such State regretted having sufficient inspectors to guard only 3 out of 41 ports of entry. Inspection of foreign production sites is an even greater challenge for resource-constrained importing countries. Regulatory bodies in many countries are generally funded by user fees, collected through licensing fees and inspection activities. However, these funds are insufficient to sustain effective regulation, given the scale and volume of production and import in most countries. States should therefore substantially increase budgetary support for their regulatory authorities to sustain the quality control activities and increase recruitment and training of staff. Regulatory bodies of importing developing countries could cooperate with their counterparts in the exporting countries to build regulatory capacities, share local inspection information of companies under their jurisdiction, and conduct joint inspections through cost-effective use of resources.
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 66
- Paragraph text
- Remedies should not be limited to punitive actions against perpetrators but should also be directed towards restoring the right to health of affected persons and bridging the divisions in society that may arise from or give rise to continued conflict. As such, the remedies of satisfaction and guarantee of non-repetition, which include measures to cease current violations and prevent future violations as noted by the General Assembly in its resolution 60/147, are particularly important given the ongoing and systemic effects of conflict on the right to health. In the context of the right to health, guarantees of non-repetition include improving protection of health workers in conflict areas; providing clear codes of conduct on the appropriate use of medical facilities in conflict; training of, and awareness-raising among, appropriate actors, including law enforcement, on all aspects of the right to health; undertaking legal reforms including enacting laws that mandate non interference with the impartial provision of health care; and setting up independent dispute settlement and monitoring systems. The remedy of satisfaction includes judicial and administrative sanctions, acknowledgement of wrongdoing, and effective measures to end continuing violations.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 45
- Paragraph text
- Mass displacement, breakdown of community and family networks, and institutional collapse may create a vacuum in which women and young girls are vulnerable to sexual violence. They face a heightened risk of sexual exploitation and trafficking, as well as increased domestic violence and abuse from family members. Health facilities that lack qualified health professionals, patient referral mechanisms and psychological counselling may be unable to identify and respond to these forms of conflict-related sexual violence. This is especially true when health services are restricted to sexual violence perpetrated by armed groups. The stigma associated with sexual violence and HIV and the absence of adequate protection mechanisms may also contribute to negative physical and mental health outcomes. Stigma, abandonment by families and communities, and retribution from perpetrators create an atmosphere that perpetuates gender-based violence and leads to the exclusion and disempowerment of survivors. The failure to provide services that promote the safety and respect the confidentiality of survivors undermines their full participation in society, particularly in post-conflict reconstruction efforts.
- 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)
- Humanitarian
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Youth
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 12
- Paragraph text
- A crucial facet of the right to health framework is the effective participation of affected people and communities, especially vulnerable groups. Effective participation should be ensured in all phases of formulating, implementing and monitoring decisions which affect the realization and enjoyment of the right to health in times of conflict. However, policies thus formulated should not be limited to the views of the majority and should take into account the views and needs of the minority within the participating group. Involvement in decision-making processes empowers affected communities and ensures ownership of decisions and resources, which leads to sustainable systems and, potentially, the resolution of conflicts. The participation of affected populations ensures responsive and effective laws and policies by taking into consideration the needs of the people. This is of special significance in protracted conflict situations, in post-conflict situations, in areas with a constant military presence and in areas under occupation. Informed participation can only be ensured when affected populations have the ability to seek and disseminate information affecting their 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
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 30
- Paragraph text
- Militarization refers to the taking over or use of health facilities and services by armed forces or law enforcement agencies for achieving military objectives. Such military use poses a serious risk to the life and health of patients and health-care workers and erodes the role and perception of hospitals as a safe space to access health care. The impartiality of medical facilities is often compromised by the constant presence of security forces in hospitals and intimidation of patients and health-care workers in hospitals and clinics. Hospitals and clinics are sometimes taken over by security forces in order to identify or arrest protestors injured in clashes with pro-Government forces. Those identified with protest-related injuries are often prevented from seeking emergency medical attention, removed from medical care, tortured or arrested (A/HRC/19/69, para. 63). Militarization of health care has also led to undesirable fallouts in respect of access to basic health care in some countries. Widespread fear of persecution leads civilians to avoid seeking treatment at health facilities and resort to treatment in unsafe conditions instead (ibid.). Such persecution violates the right to health of persons by impeding their access to quality health 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)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Corruption and the right to health 2017, para. 87i
- Paragraph text
- [The Special Rapporteur urges States to:] Engage a variety of stakeholders, such as community organizations, professional organizations and civil society organizations, including those representing groups in vulnerable situations, in determining the allocation of funding, as well as in monitoring budget expenditure at the national, local and institutional 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)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- 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. 27
- Paragraph text
- Some domestic courts have focused on judicial review of the process, rather than the substance, of policymaking. Courts have confirmed that a State is in compliance with its progressively realizable obligations if the policymaking process was reasonable. The Constitutional Court of South Africa, for example, has considered the following factors in determining whether a housing policy and a water distribution policy was "reasonable": consideration given to vulnerable groups and emergency situations; flexibility of the policy to being updated upon continuing governmental review; attention paid to the short-term, medium-term and long-term needs; a transparent, participatory and well-considered process; efficient implementation of the policy; equitable coverage; retrogression in policy; and whether discrimination was tied to a legitimate government policy. Even where adjudicators find that the process has been reasonable, they may also review whether the implementation of the policy has resulted in a disproportionately negative impact on a particular vulnerable group, which may evidence a breach of the State's progressively realizable 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)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 73b
- Paragraph text
- [The Special Rapporteur urges international and non-governmental organizations undertaking humanitarian activities in conflict:] To establish effective accountability mechanisms for violations of the right to health by their personnel, such as members of peacekeeping forces and humanitarian workers.
- 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
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 70e
- Paragraph text
- [The Special Rapporteur urges States involved in conflict situations:] To abstain from attacking health facilities, goods, services and workers, especially as a conflict strategy, including in areas controlled by armed groups. States should also take measures to protect health facilities, goods, services and workers from attacks by non-State armed groups;
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 70d
- Paragraph text
- [The Special Rapporteur urges States involved in conflict situations:] To refrain from obstructing, restricting or limiting access to health facilities, goods and services. In cases where such barriers become necessary, restrictions should be proportionate to the objective sought and should follow the least restrictive alternative;
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 70c
- Paragraph text
- [The Special Rapporteur urges States involved in conflict situations:] To avoid formulating laws and policies which criminalize provision of health services by health professionals to people involved in conflict, or repeal them where they exist. States should also refrain from interfering with the duty of health professionals to provide services in an impartial manner;
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 70b
- Paragraph text
- [The Special Rapporteur urges States involved in conflict situations:] To ensure the availability, accessibility and acceptability of quality health facilities, goods and services to all people involved in and/or affected by conflict, without discrimination. Particular attention should be given to vulnerable groups;
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 57
- Paragraph text
- Non-State armed groups are also bound by the expectation of the international community that they will respect norms contained in the Universal Declaration of Human Rights, especially where they exercise control over territory (A/HRC/2/7, para. 19, and E/CN.4/2006/53/Add.5, paras. 25-26). Additionally, the right to health framework recognizes the responsibility of all sectors of society towards realizing the right to health, which includes the responsibility of non-State actors such as armed groups and other arms bearers in conflict. Finally, armed groups have been held accountable for obligations voluntarily assumed through agreements, unilateral statements and monitoring systems under the Security Council (resolution 1998 (2011)), which have included both obligations to respect human rights and to protect or fulfil them where armed groups exercise the control and authority to do so. Armed groups must therefore, at the minimum, respect human rights, including the right to health, and may assume further obligations to protect or fulfil human rights. The obligation of States to protect people against third-party violations continues regardless of whether armed groups are present on its territory, and the presence of third-party armed groups should not be used by States as an excuse to abdicate from their right to health responsibilities in conflict areas.
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 55
- Paragraph text
- The majority of contemporary conflicts are non-international armed conflicts involving one or more non-State armed groups. These non-State armed groups may significantly affect the enjoyment of the right to health in conflict. One study has found that non-State armed groups are as likely as State forces to attack or interfere with health facilities, and nearly twice as likely to enter hospitals for illegitimate purposes.
- 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
- Humanitarian
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 51
- Paragraph text
- The primary responsibility for realizing the right to health in conflict lies with States who are involved in the conflict. However, other States and non-State actors, including armed groups, international organizations and humanitarian non governmental organizations, also bear obligations towards the realization of the right to health of affected populations.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 47
- Paragraph text
- Conflict may also have a devastating psychological impact on a child's well-being and development. Distressing experiences, abuse and chronic stress may increase the risk of trauma, particularly where children are separated from their families. Mental health needs of children may, however, be left unaddressed due to the unavailability of psychosocial 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)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 6
- Paragraph text
- Both international humanitarian law and human rights law share the aim of protecting all persons and are grounded in the principles of respect for the life, well-being and human dignity of the person. They provide complementary and mutually reinforcing protection. The application of human rights law to conflict would ensure greater protection of civilian population and additional accountability mechanisms for States and remedies for affected population.
- 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
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 4
- Paragraph text
- Human rights law continues to apply in situations governed by international humanitarian law. This has been affirmed by the International Court of Justice, human rights treaty bodies, regional bodies such as the European Court of Human Rights and domestic courts. The General Assembly, in its resolution 57/233, and the Security Council, in its resolution 1181 (1998), have also condemned violations of human rights in armed conflict.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 73a
- Paragraph text
- [The Special Rapporteur urges international and non-governmental organizations undertaking humanitarian activities in conflict:] To adopt health initiatives in line with the right to health framework, which includes ensuring the participation of affected communities. These initiatives should promote traditional medicines and practices which are in line with 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)
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 72b
- Paragraph text
- [The Special Rapporteur urges States to fulfil their international obligations and, in particular:] To guarantee that economic sanctions imposed on States during conflict do not hinder the realization of the right to health of people affected by conflict;
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 71e
- Paragraph text
- [The Special Rapporteur urges States recovering from conflict:] To provide peacebuilding mechanisms for meaningful and sustainable resolution of conflicts through restorative justice processes such as fair and transparent truth and reconciliation commissions.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 71d
- Paragraph text
- [The Special Rapporteur urges States recovering from conflict:] To establish access to justice mechanisms to address the violations of rights and provide remedies for such violations, including restitution, compensation, guarantees of non-repetition and satisfaction;
- 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
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 71c
- Paragraph text
- [The Special Rapporteur urges States recovering from conflict:] To ensure the availability and accessibility of essential and primary health facilities, goods and services, including mental health services, to people affected by and involved in conflict, especially vulnerable groups;
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 71b
- Paragraph text
- [The Special Rapporteur urges States recovering from conflict:] To make sufficient resources available to implement reconstruction policies. Donor-funded initiatives should supplement and support national health policies where required and should be implemented with the participation of affected populations;
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 70h
- Paragraph text
- [The Special Rapporteur urges States involved in conflict situations:] To ensure effective monitoring of violations of the right to health during conflict by making information available and accessible to independent monitoring groups, including community-based monitoring groups.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 22
- Paragraph text
- The fear of being reported to law enforcement agencies also prevents access to health facilities and services by patients. This is especially true of people wounded as a result of direct involvement in conflict. However, criminalization also has a chilling effect on people who are not involved in conflict, who may avoid seeking health services because they fear being suspected of involvement in the conflict.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 19
- Paragraph text
- Moreover, acceptability requires health facilities, goods and services to be in line with medical ethics. This includes provision of impartial care and services by health professionals to people affected by conflict. Medical impartiality in treating wounded people is also mandated by international humanitarian law. Therefore, health professionals have obligations vis-à-vis provision of health services to people affected and/or involved in conflict.
- 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
- Humanitarian
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 17
- Paragraph text
- Availability, accessibility and acceptability of quality health facilities, goods and services are critical in times of conflict. A functioning health system, including health-care workers, is vital to the enjoyment of the right to health of people affected by and/or involved in conflict.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 39
- Paragraph text
- Unaffordable health-care services, high taxes and confiscation of essential supplies by parties to the conflict increase the vulnerability of marginalized communities. Accessibility may further be hindered due to lack of linguistic and culturally appropriate health services and information. Failure to recognize the different needs of marginalized communities may deter them from accessing health care, as well as contribute to a profound sense of isolation and disempowerment.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph