A/HRC/33/23
with breastfeeding continues to undermine efforts to improve breastfeeding rates. Such
marketing practices often negatively affect the choice and ability of mothers to breastfeed
their infants optimally. The International Code of Marketing of Breast-milk Substitutes and
subsequent relevant World Health Assembly resolutions are vital to regulate and reduce
inappropriate marketing. Furthermore, in the Guiding Principles on Business and Human
Rights, it is stipulated that all business enterprises should operate with respect for human
rights. In the context of the marketing of breast-milk substitutes, the responsibility to
respect human rights requires undertaking effective human rights due diligence to identify
any risk that marketing of breast-milk substitutes may have an adverse impact on human
rights, including the right of the child to health, and to take all necessary steps to prevent
and mitigate such risks.
73.
The national implementation report of the international code 2016 shows that too
few countries have adopted strong legislation to reduce and eliminate inappropriate
marketing of breast-milk substitutes, and that only a handful of countries that have legal
measures in place and have established operational monitoring and enforcement
mechanisms.
74.
The report makes direct reference to the technical guidance and the recommendation
therein to countries to regulate private actors, such as pharmaceutical companies,
commodities and device manufacturers, producers and marketers of breast-milk substitutes
in order to prevent violations of child health-related rights and ensure accountability,
including remedy and redress if violations occur. The Committee on the Rights of the Child
has further stated that countries are required to introduce into domestic law and implement
and enforce the International Code on Marketing of Breast-milk Substitutes.
75.
Since 2011, a number of countries have adopted or amended strong legal measures
incorporating all of the Code’s provisions. In 2012 and 2014, Viet Nam and Armenia,
respectively, successfully amended their regulations to ensure full adherence to the Code.
76.
In May 2016, the World Health Assembly welcomed WHO guidance and
recommendations on ending inappropriate promotion of foods for infants and young
children aged between 6 months and 3 years. In the recommendations, it is stated that all
milk products specifically marketed for children between 6 and 36 months are de facto
breast-milk substitutes and must be regulated under the scope of the International Code.
E.
Impact on children of attacks on health facilities
77.
Attacks on hospitals and medical personnel in conflict compromise the right of the
child to health at many levels. The destruction in April 2016 of the Médecins sans
frontières-supported Al Quds Hospital in Aleppo, killing civilians, children and medical
personnel, including one of the last remaining paediatricians in the area, is a clear example.
Attacks on hospitals limit access to medical care and can annihilate the long-term efforts to
reduce child mortality, improve maternal health and fight disease.26
78.
Attacks on hospitals and medical personnel are one of the six grave violations
against children during armed conflict. In its resolution 1998 (2011), the Security Council
highlighted the impact of attacks on hospitals on children during armed conflict and
requested the Secretary-General to include in his reports on children and armed conflict
those parties to armed conflict that engage in that category of violations. In its resolution
2286 (2016), the Security Council strongly condemned attacks on medical personnel in
conflict situations, demanding an end to impunity for those responsible. Attacks against
26
16
See www.un.org/press/en/2016/sc12347.doc.htm.
GE.16-11320
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