A/HRC/27/31
23.
Article 6 of the Convention on the Rights of the Child highlights States parties’
obligation to ensure the survival, growth and development of the child, including the
physical, mental, moral, spiritual and social dimensions of their development. Article 24
recognizes the right of the child to the enjoyment of the highest attainable standard of
health, explicitly requiring States parties to take appropriate measures to reduce infant and
child mortality and to ensure the provision of necessary medical assistance and health care
for all children.
24.
Taking account of the indivisibility, interdependence and interrelatedness of all
human rights, a human rights-based approach recognizes that fulfilment of the child’s rights
to health and survival depends on the realization of other related rights, including the rights
to life, non-discrimination, an adequate standard of living, water and sanitation, food,
education, birth registration and social security.
25.
States are required to progressively realize those rights to the maximum extent of
available resources and, where needed, within the framework of international cooperation.10
While recognizing the principle of progressive realization and acknowledging constraints
due to the limits of available resources, States have certain immediate obligations in
relation to the right to health, such as the guarantee that the right will be exercised without
discrimination of any kind and the obligation to take deliberate, concrete and targeted steps
towards the full realization of this right.11
26.
Child mortality and morbidity are also linked to women’s rights and the ability of
women to survive pregnancy and childbirth and to exercise autonomy over decisions
relating to their reproductive lives and optimal infant feeding practices. Investment in
women’s health and education, and in the empowerment of the poorest and most
marginalized population groups, including women, is vital to ensure an effective response
to under-5 mortality.12 The present technical guidance on a human rights-based approach to
reducing preventable maternal morbidity and mortality can help guide work in this area.13
27.
A human rights-based approach requires that States focus efforts to reduce child
mortality and morbidity on marginalized children and those in under-served areas, and take
all appropriate measures to ensure equality and protect children against discrimination.
Discrimination, in law and in practice, is an important factor underlying much preventable
child mortality and morbidity, with the most marginalized groups bearing a
disproportionate burden of mortality and morbidity.14 Discrimination is proscribed on the
grounds of a child’s, parent’s or legal guardian’s race, colour, sex, language, religion,
political or other opinion, national, ethnic or social origin, property, disability, birth or other
status.15 Disproportionate vulnerability and ill health of certain groups of children can also
exist beyond the proscribed grounds for discrimination.16 The collection, analysis,
dissemination and use of disaggregated data is a precondition for revealing where
discrimination is occurring, which groups of children are not realizing their rights to health
and survival and how remedial action might be taken.
28.
Human rights provide a legal imperative for participation: in order to fulfil their
human rights obligations, States must ensure stakeholder participation in priority-setting, in
10
11
12
13
14
15
16
6
Convention on the Rights of the Child, art. 4; CRC/C/GC/15, paras. 71-72.
Convention on the Rights of the Child, art. 2; E/C.12/2000/4.
A/HRC/24/60.
A/HRC/21/22 and Corr .1 and 2.
M. Chopra and others, “Ending of preventable deaths from pneumonia and diarrhoea: an achievable
goal”, in The Lancet, Vol. 3, Issue 9876, 27 April 2013.
Convention on the Rights of the Child, art. 2.
A/HRC/22/31 and Corr. l.
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