Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English gender-based violence. 23 A human rights violation arises when authorities know or should know of the risk of violence, but failed to prevent it, or when they fail to investigate, prosecute and punish violence, and to provide reparation to victims of such acts. 24 Relatedly, international human rights law provides a right to truth for victims and the public that is integral to effective investigations, accountability and justice. The right to truth is discussed in greater detail in this report’s section on accountability. 29. Myanmar is also a party to the Convention on the Rights of the Child, which inter alia protects a child’s right to life,25 requires States to protect children from sexual abuse,26 prohibits torture or other cruel, inhuman or degrading treatment or punishment, 27 prohibits the unlawful or arbitrary deprivation of liberty,28 and requires that any child deprived of liberty be treated with humanity and respect for the inherent dignity of the human person. 29 Under the Convention, a child is defined as a person below the age of eighteen. 30 Under the Convention, governments must do everything they can to protect and care for children affected by armed conflict.31 30. The International Covenant on Economic, Social and Cultural Rights (ICESCR), which was binding on Myanmar as of January 2018, places obligations on States to recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,32 an adequate standard of living33 and to the opportunity to gain a living by work which he freely chooses or accepts.34 Sexual and gender-based violence, survivors’ access to health care, and the use of women for forced labour impact these rights. While these rights are to be progressively realised, Myanmar must take immediate action, irrespective of the resources they have to, inter alia, eliminate discrimination, 35 comply with the components of rights that are not subject to progressive realization because they do not require significant resources and refrain from retrogressive measures that would deteriorate the enjoyment of the Covenant’s rights unless there are strong justifications for doing so.36 Violations of many Covenant rights can intersect with other rights, in particular in instances where violations of the right to life may amount to right to health violations,37 or where 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 8 United Nations Committee on the Elimination of Discrimination against Women, “General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19” (CEDAW/C/GC/35), para. 24(b). United Nations Committee on the Elimination of Discrimination against Women, “General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19” (CEDAW/C/GC/35), para. 24(b). CRC, art. 6. CRC, arts. 19 and 34. CRC, art. 37(a). CRC, art. 37(b). CRC, art. 37(c). CRC, art. 1. CRC, art 38. ICESCR, art. 12. See, also, CRC, art. 24. ICESCR, art. 11. ICESCR, art. 6. With respect to the prohibition against discrimination on the basis of sexual orientation and gender identity, see CESCR, General Comment No. 20 (E/C.12/GC/20), paras. 27 and 32. See, also, CESCR General Comment No. 22 (E/C.12/GC/22), para. 23 (“State parties also have an obligation to combat homophobia and transphobia, which lead to discrimination, including violation of the right to sexual and reproductive health.) OHCHR, Frequently Asked Questions on Economic, Social and Cultural Rights: Fact Sheet No. 33, 2008, https://www.ohchr.org/Documents/Issues/ESCR/FAQ%20on%20ESCR-en.pdf, p. 15-17. ICCPR, art. 6. See, for example, UN Human Rights Committee, General comment No. 36 (2018) on article 6 on the right to life, CCPR/C/GC/36, 30 October 2018, paras. 8 and 54. (“Torture and illtreatment, which may seriously affect the physical and mental health of the mistreated individual could also generate the risk of deprivation of life”.) See also, generally, Committee on Economic, Social and Cultural Rights, General comment No. 22 (2016) on the right to sexual and reproductive health (article 12), E/C.12/GC/22, 2 May 2016; see also General Comment No. 14: the Right to Health, para. 8: The right to health contains both freedoms and entitlements. The freedoms include the right to control one’s health and body, including sexual and reproductive freedom, and the right to be