A/HRC/29/33 A. The policy approach to the right to health 37. There are different and equally relevant ways to apply a human rights-based approach for improving the health of individuals and populations, and to promote the right to health in everyday practices. One such approach is looking at normative frameworks, including at the role of legislation and litigation through courts, which inter alia underlines the importance of the justiciability of the right to health. 38. The approach that the Special Rapporteur will prioritize is what he calls the “policy approach”, which focuses on health and health-related policies, including the analysis of processes and outcomes of policies as they are formulated and implemented. It will consider whether or not these policies are based on human rights principles and modern public health approaches, including solid scientific evidence. 39. Departure from universal human rights principles and standards, as enshrined in the Universal Declaration, and from evidence provided by the modern public health approach is a major obstacle for effective realization of the right to health. The Special Rapporteur will use the right to health framework to identify good practices in the operationalization of modern principles of health promotion. He will underline the possible synergies between the human rights and the modern public health approaches for the realization of the right to health worldwide. 40. One the objectives of the Special Rapporteur will be to examine the “implementation gap”. The human rights-based approach can be very effective in implementing health policies and practices. However, while the fundamental principles and the main processes and mechanisms of the right to health are well identified, there still remains a significant gap between the formulation of health policies and their effective implementation in everyday practice. While the formulation of health policies may be satisfactory from the perspective of the right to health, their effective implementation remains a significant challenge. 41. All too often, the failure to put basic principles into practice is not linked to financial obstacles, but is mostly owing to prevailing attitudes among stakeholders that are not in line with human rights and public health principles. The Special Rapporteur will focus on the “implementation gap” but he will continue to underline, interpret and link the fundamental universal human rights principles and standards with the everyday practice of effective investment in individual and societal health. 42. Despite the work of many who have convincingly highlighted the need and benefits to adhere to universal human rights principles, there continues to be a tendency to apply and justify a narrow and selective approach to human rights, including to the right to health. That tendency has been accentuated during the last decade and questions the very essence of universal human rights principles and standards. 43. For example, such a retrogressive tendency has been observed in the area of sexual and reproductive health and rights, and with regard to discrimination against groups in vulnerable situations, including children, documented and undocumented migrants, persons with disabilities and lesbian, gay, bisexual and transgender persons. In his reports and through his other activities, the Special Rapporteur will highlight the need and importance of applying the principle of the interdependence and indivisibility of human rights, and will underline how essential this is for the full realization of the right to health. 44. The Special Rapporteur is concerned that this tendency to take a selective approach to human rights has its most detrimental effects on those groups of population which face de jure or de facto discrimination. These groups suffer from social exclusion, stigmatization and humiliation, which has a negative impact to their health status. They are often deprived of access to health support and the care services they need, and of meaningful participation 8