A/HRC/22/31
prevention of accidents. In addition, States parties are also required to take all effective and
appropriate measures with a view to abolishing practices that are harmful to the health of
children.
13.
The Committee on the Rights of the Child regularly raises the issue of the right of
the child to health in its dialogue with State parties, and makes recommendations for them
in this regard. The Committee also refers specifically to this right in several of its general
comments, including Nos.3 (HIV/AIDS), 4 (adolescent health), 7 (early childhood), 13 (the
right of the child to freedom from all forms of violence), 12 (the right of the child to be
heard) and 10 (children’s rights in juvenile justice).
14.
The Convention on the Rights of the Child recognizes the interdependence and
indivisibility of all the rights contained therein; the realization of the right to health is
therefore indispensable for the enjoyment of all the other rights, and achieving the right to
health is dependent on the realization of many other rights in the Convention. If a child is ill
and does not have access to health-care services, the child cannot go to school and his or
her right to education (art.28) will be effectively denied. Similarly, if other rights outlined
in the Convention, such as the right to be free from violence (art.19) are not realized, there
will be an immediate and negative impact on the child’s right to health. Other rights
intrinsically linked to the realization of the right to health include the right to life and the
right to non-discrimination, as well as the right to be protected from work that is likely to
be harmful to the child’s health (art.32), the right to be free from sexual exploitation and
sexual abuse (art.34) and the right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment (art.37). The right to play (art.31) also becomes crucial
when discussing children’s health, as play has been proven essential to the emotional and
physical health and well-being of the child.
15.
In accordance with general comment No. 14 of the Committee on Economic, Social
and Cultural Rights, the right of the child to health should not be construed as the right to
be healthy as such, but rather as the right to conditions and services that ensure the
enjoyment of the best health standards attainable under existing circumstances. Such an
approach to health situates the realization of the right to health within the broader
framework of international human rights obligations. The notion of the “highest attainable
standard of health” takes into account both the child’s biological, social, cultural and
economic preconditions and the resources available to the State, supplemented by resources
made available by other sources, including non-governmental organizations, the
international community and the private sector.
16.
The right of the child to health comprises a constituent set of freedoms and
entitlements. The freedoms, of increasing importance according to growing capacity and
maturity, include the right to control one’s health and body. The entitlements include access
to a range of facilities, goods, services and conditions that provide equality of opportunity
for every child to enjoy the highest attainable standard of health. In addition to the
provision of health information and services, the right to the highest attainable standard of
health includes, inter alia, ensuring access to the services and programmes necessary to
address the underlying determinants of health.
17.
In addition, the implementation of any of the rights of the Convention, including the
right to health, must be guided by the four general principles that constitute the main pillars
of the Convention on the Rights of the Child.
Equality and non-discrimination
18.
In order to achieve the full realization of the right to health for all children, States
have an obligation to ensure that children’s health is not undermined by discrimination. A
number of grounds on which discrimination is proscribed are outlined in article 2 of the
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