A/HRC/33/23
and (b) given the lack of autonomy of the small child, his or her rights tend to be associated
with the mother and tend to be included in discussions of sexual, reproductive and maternal
health. Continuum of care is critical and attention to the mother before, during and after
birth is essential to improve the chances of survival for the child. Nevertheless, the
interdependence between the mother and the child should not lead to a conflation of their
rights and needs.
13.
As explained in the technical guidance, a human rights-based approach to reducing
under-5 mortality requires the identification of relevant duty-bearers and rights holders and
building the capacity of the former to fulfil their obligations and of the latter to claim their
rights related to child health and survival. Yet, in the case of newborns, infants and under-5
children, that becomes highly complex, because the young child is not autonomous and
depends on others for the realization of his or her rights. Often the rights of newborns and
infants are not explicitly taken into consideration, as they are not perceived as active agents.
A human rights-based approach requires recognition that the newborn, infant and under-5
child is not merely a passive receiver of care, but is a rights holder and thereby entitled to
quality health services without discrimination.
14.
Collaboration between the communities working on rights and health is emerging in
the area of child health and prevention of mortality. Clear examples are the annual day of
discussion of the Human Rights Council on the right of the child to health in 2013,
followed by a number of reports by OHCHR and WHO, and expert meetings on child
mortality and human rights, as well as the development of the technical guidance. General
comment No. 15 (2013) of the Committee on the Rights of the Child on the right of the
child to the enjoyment of the highest attainable standard of health, as well as the recent
report of the Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health on early childhood (A/70/213),
demonstrate the increasing interest of, and attention paid, by United Nations human rights
mechanisms.
15.
The work of the independent Expert Review Group on Accountability for Women’s
and Children’s Health placed the issue of human rights at the top of the health agenda and
called for the establishment of a global commission on health and human rights of women
and children to propose ways to protect, augment and sustain their health and well-being.
The establishment of the Independent Accountability Panel and the Global Strategy for
Women’s, Children’s and Adolescents’ Health (2016-2030) will be key in bringing both
areas of work closer. When leading a sub-working group on human rights in the context of
the development of the Global Strategy, OHCHR re-emphasized the need not to leave
anyone behind, with a focus on non-discrimination and accountability.
16.
From a child rights perspective, it is critical that all the various global initiatives give
the appropriate space to the young child and that the child be at the centre of the discussion,
including through participatory approaches for children and their caregivers, in accordance
with the Convention on the Rights of the Child.
17.
During the past two years, a key question that has come up in the discussions of the
technical guidance by those outside the human rights field has been: does a human rightsbased approach reduce child mortality? While there is no straightforward answer to that
question, evidence is starting to emerge that using a human rights-based approach has a
positive impact on children’s health,4 which supports the case for human rights to be fully
integrated into efforts to improve child health, survival and development.
4
GE.16-11320
See Flavia Bustreo, Paul Hunt and others, Women’s and Children’s Health: Evidence of Impact of
Human Rights (Geneva, WHO, 2013).
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents