A/HRC/29/33
health and a health system is often quite weak (see A/63/263). Judicial accountability has
been highlighted by the work of the mandate (see A/69/299) but other forms of
accountability, such as health impact assessments, have also been addressed, including
during country visits (Romania, Sweden and Uganda).
30.
Other thematic reports have explored the enjoyment of the right to health and the
underlying determinants, including water and sanitation, occupational health, the right to
health in conflict, unhealthy foods, and the right to health of migrants, older persons and
persons with psychosocial disabilities (including the key issue of informed consent).
31.
The Special Rapporteur concurs with his predecessors that a comprehensive right-tohealth approach is necessary, which includes decriminalization of sexual orientation and
gender identities, certain behaviours and health status, as well as the establishment of
conducive legal and administrative frameworks with emphasis on human rights education,
meaningful participation and empowerment of the groups targeted, and serious efforts to
reduce stigma and discrimination in society as a whole.
IV. The way forward: context, challenges and opportunities
32.
In the words of Jonathan Mann “the human rights framework provides a more useful
approach for analysing and responding to modern public health challenges than any
framework thus far available with the biomedical tradition”.2 The Special Rapporteur will
address the most important issues related to the discharge of his mandate with that in mind.
33.
The right of everyone to physical and mental health can only be realized through
concerted and sustained efforts, and shared responsibility by all stakeholders at national,
regional and universal levels. It requires an unequivocal commitment to the realization of
universal human rights principles as enshrined in the Universal Declaration on Human
Rights and human rights law and standards.
34.
Building on the work of his predecessors, the Special Rapporteur will advocate for
the application of the right to health framework to strengthen health systems, emphasizing
the need to place the well-being of individuals and communities at the centre of health
policies. He will look at processes within health systems — at how things are done and the
actors involved — with particular attention devoted to access to information, participation
and accountability mechanisms in place (see A/HRC/7/11, paras. 38–64).
35.
The Special Rapporteur will continue applying a gender perspective in his work,
with a special focus on sexual and reproductive health and rights as an integral part of the
right to health. He will apply a life-cycle approach to his work, paying special attention to
the needs of the children and adolescents in the realization of the right to health, and the
needs of other groups in vulnerable situations, including persons with disabilities. He will
continue paying attention to the issue of access to medicines, including access to essential
and controlled medicines, and its human rights dimensions.
36.
In the current context of the shaping of the Sustainable Development Goals, the
realization of the right to health is extremely relevant, both as precondition for, and as an
outcome of, a successful process of achieving the Sustainable Development Goals and their
main elements.
2
Mann, “Health and human rights. Protecting human rights is essential for promoting health”, British
Medical Journal, No. 312 (1996), pp. 924–925.
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