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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents