A/HRC/38/37
political support for the implementation of the human rights-related measures required by
the Global Strategy for Women’s, Children’s and Adolescents’ Health (2016–2030),
indicated that a human rights-based approach was essential for the following reasons: (a) it
supports States in meeting their obligations under international human rights law; (b) it
offers a principled basis for universal access to health services, emphasizing that
interventions must be non-discriminatory, transparent and participatory, and founded on
strong public accountability; (c) it requires focus on both the empowerment of rights
holders and the responsibilities of duty bearers; (d) it aims to enhance the capacity of duty
bearers at the local, district and national levels to meet their obligations to respect, protect
and fulfil human rights in transparent, effective and accountable ways; (e) it requires full
and informed participation by all those affected by any action or policy; and (f) it builds
true sustainability into health systems and towards improving health outcomes by requiring
that the underlying determinants of health be tackled, including through the realization of
health-enabling rights.20
19.
The Special Rapporteur on extreme poverty and human rights observed that human
rights provided a context and a detailed and balanced framework that: invoked the specific
legal obligations that States had agreed upon in the various human rights treaties;
emphasized that certain values were non-negotiable; brought a degree of normative
certainty; and brought into the discussion the carefully negotiated elaborations of the
meaning of specific rights that had emerged from decades of reflection, discussion and
adjudication.21 Crucially, in view of the people-centred underpinnings of the 2030 Agenda,
the language of rights recognizes the dignity and agency of all individuals (regardless of
race, gender, social status, age, disability or any other distinguishing factor) and it is
intentionally empowering.22 This is particularly true for the right to health.
B.
Addressing key challenges
20.
The following section contains a consideration of a selection of key challenges
connected with the effective implementation and achievement of the health-related
Sustainable Development Goals, and the contribution of the right to health framework in
addressing them.
1.
Realizing health and health-related rights
21.
The realization of the right to health is dependent on the exercise, without
discrimination, of other human rights, be they civil, political, economic, social or cultural.
When the right to health is protected, the enhanced enjoyment of other rights necessary to
preserve dignity, realize potential and assert autonomy becomes possible. 23 However, while
the right to health framework is well established, health policymakers often miss the
opportunity to integrate human rights principles, norms and standards into policy
development, implementation and monitoring, as well as into mechanisms for
accountability, which would improve process and policy outcomes for rights holders. The
Special Rapporteur on health refers, in this regard, to an implementation gap, noting that
while the fundamental principles and the main processes and mechanisms of the right to
health are well identified, there still remains a significant gap between the formulation of
health policies and their effective implementation in everyday practice. This is so even
where the formulation of health policy is satisfactory from a human rights standpoint. 24 A
number of factors account for this implementation gap, and some of the most significant
include: a growing trend that favours a narrow and selective approach to human rights that
20
21
22
23
24
More information in this regard is available from
www.ohchr.org/EN/Issues/Women/WRGS/Pages/MaternalAndChildHealth.aspx.
See A/70/274, para. 65.
Ibid.
World Health Organization (WHO), Leading the realization of human rights to health and through
health: Report of the High-Level Working Group on the Health and Human Rights of Women,
Children and Adolescents (2017), p. 10.
See A/HRC/29/33, para. 40.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents