A/HRC/42/24
16.
Highlighted were the centrality of affected people and localization, correlation
between the principles of non-discrimination and impartiality, and linkages between the
rights to life and health and the humanitarian principle of humanity. Moreover,
humanitarian actors working on sexual and reproductive health also often discuss ensuring
the availability, accessibility, quantity and quality of services as good medical practice.
This is central in the normative content of the human right to health.
17.
Strengthened linkages between human rights and humanitarian action concerning
maternal and newborn health is also evident through developments in the Inter-Agency
Working Group on Reproductive Health in Crises and the organization Sphere, where
concerted efforts have been undertaken to strengthen bridges between the different
constituencies. In 2018, the revised Sphere Handbook re-emphasized and strengthened its
rights-based foundations. 2 In the same year, the Inter-Agency Field Manual on
Reproductive Health in Crisis was also revised with human rights as its core principle.3
Experts also noted processes such as the Global Roadmap for Improving Data, Monitoring
and Accountability for Family Planning and Sexual and Reproductive Health in Crises and
subsequent technical consultations.
18.
Human rights and humanitarian actors were encouraged to collectively build on
these efforts and seek to harmonize them with several other technically oriented processes
and developments at the global level to flesh out and integrate human rights norms and
standards in different humanitarian spaces, including in the context of Women Deliver, the
Inter-Agency Standing Committee, and the anniversaries of the International Conference on
Population and Development, the Fourth World Conference on Women and the adoption of
the women, peace and security agenda.
19.
At the same time, experts also acknowledged challenges. Some of these relate to
misconceptions about human rights, including particularly the normative content and
applicability of economic, social and cultural rights in humanitarian settings. In practice,
this may exclude ensuring an effective remedy in the context of service roll-out and
delivery and inhibit closer collaboration between humanitarian and human rights actors.
Other challenges relate to navigating the politics of maintaining access to affected
populations in complex environments, the reality of operating in insecure settings and the
difficulty of providing immediate, urgent medical care which displaces attention to
systematic health-care needs and the inequalities that may restrict its provision.
D.
Rights holders and duty bearers
20.
A human rights-based approach identifies who has rights (rights holders) and what
freedoms and entitlements they have under international human rights law, as well as the
obligations of those responsible for making sure rights holders enjoy their rights (duty
bearers).
21.
Experts identified as rights holders affected populations, host populations, internally
displaced persons and refugees, among others. With respect to duty bearers, experts
stressed that there is a need to insist on the legal accountability of the State as the primary
duty bearer to affected individuals. This includes obligations to ensure and maintain access
of humanitarian and human rights actors when assistance is required and preventing
premature shutdown of humanitarian operations.
22.
Experts also explained that the primary responsibility of the State must be viewed
across different potential and changing scenarios which also have a direct impact on the
roles of the different actors involved. For example, there are circumstances where the State
is willing and able to provide assistance, is willing but unable to provide assistance and is
neither willing nor able to provide assistance; where there is no State or Government in
place; or where there is a state of occupation.
2
3
See www.spherestandards.org/handbook-2018/.
See http://iawg.net/iafm/.
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