A/HRC/32/33
encourage and support people in making informed choices about their health; 17 this
encompasses provision of appropriate information regarding sport and physical activity,
and ensuring the availability, accessibility, acceptability and quality of certain goods,
services and facilities.
14.
Additionally, article 12 of the International Covenant on Economic, Social and
Cultural Rights requires States parties to take steps necessary for the prevention, treatment
and control of epidemic, endemic, occupational and other diseases. As overweight and
obesity reach endemic levels in much of the world, and are becoming increasingly
prevalent in developing countries,18 States should address the underlying determinants of
these diseases — such as a sedentary lifestyle — in fulfilment of their obligation pertaining
to prevention. This conclusion is supported by the General Assembly, which recognizes
prevention as the “cornerstone” of the global response to non-communicable diseases, and
the “critical importance” of reducing people’s exposure to modifiable risk factors related to
diet and physical inactivity.19
15.
In order to discharge these obligations that are accrued under the right to health,
States should take varying actions depending on their particular state of development and
availability of resources.
Respect
16.
The obligation to respect the right to health by refraining from denying or limiting
access to health services and by abstaining from enforcing discriminatory practices as a
State policy extends to participation in sport and physical activity. All people should be
permitted to access State-run sporting facilities on an equal basis. Discrimination in access
on grounds such as gender, race, ethnicity, religion, sexual orientation, gender identity, sex
characteristics, or legal and health status (including HIV/AIDS status) is not permissible.
States should conduct an inclusive, participatory and transparent audit of practices, rules
and by-laws relating to sport and the right to health in order to determine their compatibility
with human rights standards and should remove any which are discriminatory.
17.
Moreover, sport and physical activity should be taken into account in all
governmental policies, in accordance with the Helsinki Statement on Health in All
Policies.20 States must ensure that relevant laws, policies and programmes in non-health
sectors, which are de jure or de facto discriminatory, are not adopted, or are amended or
rescinded. For example, States should refrain from implementing and enforcing laws and
policies that limit equitable access to goods such as affordable and nutritious food and clean
water, and allow people to adopt healthy diets and fully participate in physical activity.
Similarly, States should revise planning policies that inequitably allocate communal spaces
for public recreation and exercise, or that concentrate infrastructure for active transport,
such as walking, cycling and skating, in affluent areas.
18.
Finally, States should refrain from interfering with athletes’ health rights by means
of laws, policies or programmes involving forced or coercive medical treatments or
experimentation, such as doping, conducted in order to enhance sporting ability among
athletes.
17
18
19
20
6
See general comment No. 14.
WHO, Global Status Report on Non-communicable Diseases (2014).
See General Assembly resolution 66/2.
See www.who.int/healthpromotion/conferences/8gchp/8gchp_helsinki_statement.pdf.
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