A/HRC/4/28
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20.
Today, one of the most important health and human rights challenges is to enhance
enjoyment of the right to health for those living in poverty. With this in mind, one of the
Special Rapporteur’s reports explains how consideration of the right to health would have
strengthened Niger’s Poverty Reduction Strategy.18 Another sets out how policies deriving from
the right to health can help Uganda in its struggle against “neglected” or tropical diseases,
i.e. those diseases mostly afflicting those living in poverty.19 The Ugandan report identifies
specific, practical health initiatives, such as the development of village health teams, incentives
for health workers to serve in remote communities, accessible public health information
campaigns, and so on. Another report examines the migration of health professionals from
developing to developed States; it shows that this skills drain is a perverse subsidy from poor to
rich that further undermines the right to health of those living in poverty in the sending
countries.20 Effectively, these reports - as well as others, such as the Mozambican report21 - are
exploring how to operationalize the right to health for those living in poverty.
21.
General comment No. 14 provides one paragraph on the right to health of indigenous
peoples.22 Although this paragraph is highly instructive, it only contains a few sentences. The
Special Rapporteur has written three reports with sections on indigenous peoples. One section
considers indigenous peoples and the right to health generally,23 while the other two are specific
to the indigenous peoples of Peru and Sweden.24 Each chapter includes recommendations for
State authorities and other actors. Effectively, all three reports are helping to operationalize the
right to health of indigenous peoples.
22.
Although trade impacts on the right to health in numerous ways, these issues receive very
limited explicit attention in general comment No. 14. In 2004, the Special Rapporteur devoted a
report to the relationship between the World Trade Organization and the right to health.25 The
report examines issues such as intellectual property in relation to access to medicines, and trade
in services in relation to access to health care. Some of these issues were examined further in the
Special Rapporteur’s report following his country mission to Peru, specifically in relation to the
United States-Peru trade agreement.26 Both reports provide recommendations. In effect, these
reports take the general principles outlined in general comment No. 14 and apply them to a
number of specific trade issues, thereby helping to operationalize the right to health in relation to
intellectual property, trade in services, and so on.
23.
Many other examples could be given, but these three - on poverty, indigenous peoples
and trade - are sufficient to signal that the Special Rapporteur’s reports have focused on how the
right to health can be operationalized. They have moved from the general to the specific. Of
course, they do not provide detailed right-to-health programmes; this would require more space
and contextualization than is possible in reports of this kind. Nonetheless, the reports identify
some of the key practical features that specific right-to-health programmes should encompass.
24.
The right to health is one of the most extensive and complex human rights in the
international lexicon. The Special Rapporteur’s reports also provide a way of “unpacking” the
right to health with a view to making it easier to understand. The most detailed application of
this “unpacking” is found in the report on mental disabilities.27 While this report sets out in
some detail how the right to health can be operationalized for those with mental disabilities,
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