A/HRC/34/59
50.
Article 24 of the United Nations Declaration on the Rights of Indigenous Peoples
recognizes the right of indigenous peoples to their traditional medicines, to maintain their
health practices and to access social and health services without discrimination.
51.
In its global study on the legal status of traditional medicine and
complementary/alternative medicine, WHO recognized both mainstream medical care
(allopathic medicine) and complementary/alternative medicine, terms that were used
interchangeably with “traditional medicine” in some countries. 21 Given the broadness of the
term “traditional medicine” and the wide range of practices it encompassed, traditional
medicine was difficult to define with a finite list of objective criteria. However, WHO
provided a helpful list of what might be included: a diversity of health practices,
approaches, knowledge, and beliefs incorporating plant, animal and/or mineral-based
medicines; spiritual therapies; manual techniques; and exercises, applied singly or in
combination, to maintain well-being, as well as to treat, diagnose or prevent illness.
52.
One third of the world’s population and over half of the populations of the poorest
parts of Asia and Africa do not have regular access to allopathic drugs, including essential
medicines. In its global study, WHO reported that the most commonly reported reasons for
using traditional medicine were that it was more affordable and accessible, less paternalistic
than allopathic medicine and consequently often closer to the patient’s ideology. During the
visit of the Independent Expert to Mozambique, the very high number of traditional
medicine practitioners registered with the main association of traditional healers suggested
that resort to traditional medicine was popular.
53.
WHO suggested that regardless of the reason why an individual used it, traditional
medicine provided an important health-care service to persons without geographic or
financial access to health care. The Special Rapporteur on the right of everyone to
enjoyment of the highest attainable standard of physical and mental health, in his report to
the Human Rights Council in 2008, echoed general comment No. 14, stating that “a health
system is required to take into account traditional preventive care, healing practices and
medicines” (see A/HRC/7/11, paragraph 44). In addition, he also stated, in his 2006 report
to the General Assembly (A/61/338), in which he examined the right to health and maternal
mortality, that all medicines had to be culturally acceptable and respectful of medical
ethics. He suggested, for example, that national measures should support the proper use of
traditional medicine and its integration into health-care systems, while clinical trials must
obtain the informed consent of research subjects.
54.
Further, it is important to have standards in place to ensure that health care provided
by traditional medicine practitioners is safe and reliable. These would include standards for
the safety, efficacy and quality control of products and therapies, and regulations that
ensure that practitioners have the qualifications they profess. 22
Traditional medicine and witchcraft-related practices
55.
The present report does not question the necessity, complementarity or usefulness of
traditional medicine. However, the broad definition of the concept has led to situations
where the difference between witchcraft practitioners and traditional doctors is difficult to
establish in practice. For example, the Independent Expert has seen advertisements in
newspapers posted by “traditional healers” offering to make clients richer, cure incurable
21
22
the highest attainable standard of health.
World Health Organization (WHO), “Legal status of traditional medicine and
complementary/alternative medicine: a worldwide review”, 2001. Available from
http://apps.who.int/medicinedocs/en/d/Jh2943e/.
Ibid.
13
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