A/HRC/29/33
23.
The work of previous mandate holders has underlined the need to respect, protect
and fulfil the enjoyment of right to health and other related rights of those groups who
appear to be in vulnerable situations and face discrimination in general, including in
accessing health-care services.
24.
Previous work on the issue of sexual and reproductive health and rights, including
on maternal mortality, has shown that human rights when applied to public health policies
can save lives by ensuring that health policies are equitable, inclusive, non-discriminatory,
participatory and evidence-based (A/61/338, para. 29). Most of pregnancy-related deaths
and many of the causes of under-5 mortality are avoidable. Those most at risk are groups
living in poverty, groups in rural areas and women from ethnic and religious minorities or
indigenous communities. Women and children must be placed at the centre of an integrated
approach to sexual and reproductive health and their rights must be fully recognized.
25.
Moreover, the work of the mandate has focused on the serious detrimental impact
that the criminalization of identities, behaviours and health status can have on the full
enjoyment of the right to health. Criminalization and restrictive laws are ineffective as
public health interventions and fuel underreporting of health indicators. For instance, the
work done has shown that legal restrictions on access to abortion services, comprehensive
sexual and reproductive education and information, and contraception and family planning
methods can have a serious detrimental impact on the enjoyment of the right to health.
Evidence shows that this includes a negative impact not only on access to goods, services
and information, but also on the enjoyment of fundamental freedoms and entitlements, and
on the dignity and autonomy of individuals, in particular women (see A/66/254).
26.
Previous mandate holders have also looked into the negative impact of the
criminalization of consensual same-sex conduct, of sexual orientation and gender identity,
of sex work and of HIV transmission (see A/HRC/14/20). Such work has shown that
punitive policies and criminalization are not effective and act as a barrier to access health
services, fuel social stigma and exclusion and lead to poor health outcomes.
27.
On the issue of drug policy, the work of the Special Rapporteur’s predecessors has
shown that the current international system’s punitive regime, which focuses on creating a
drug-free world, has failed mostly owing to ignorance of the realities surrounding drug use
and dependence (see A/65/255). There is a need for a shift in the current drug control
regime away from substance-oriented policies and an increased focus on human rights.
Evidence has shown that the criminalization of certain behaviours leads to a reluctance to
seek help, including health-related services, and this should be a concern to the authorities.
Pursuing overly punitive approaches has resulted in more health-related harms than those
the authorities seek to prevent.
28.
The important issue of access to medicines has also been part of the work of the
mandate. Medical care in the event of sickness and the prevention, treatment and control of
diseases depend to a great extent on timely access to quality medicines. Despite progress
made, an estimated 2 billion people still lack access to essential medicines. There remains
an intrinsic link between poverty and the realization of the right to health, where developing
nations have the greatest need and the least access to medicines. Previous mandate holders,
including Anand Grover, have given details of the different dimensions of the issues, such
as: the role and responsibilities of pharmaceutical companies; the impact of intellectual
property laws and free-trade agreements; and the implications and elements of a right-tohealth approach to access to medicines (see A/63/263, A/HRC/17/43 and A/HRC/23/42).
29.
During the past 12 years, the work of the mandate has also paid special attention to
two other key elements of the analytical right-to-health framework: monitoring and
accountability. Without monitoring and accountability, all human rights norms and
obligations are likely to become empty promises. Accountability in respect of the right to
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