A/HRC/4/28
page 2
Summary
This report, submitted in accordance with Human Rights Council decision 1/102,
contains two substantive sections. The first signals some of the progress made by the health and
human rights movement in the last decade and it also discusses two of the key obstacles that lie
ahead.
As never before, civil society - especially in low- and middle-income countries - is
engaging with health and human rights. Some States are taking health and human rights
seriously. General comment No. 14 of the Committee on Economic, Social and Cultural Rights
provides authoritative guidance on the scope of the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health (“the right to the highest attainable
standard of health” or “the right to health”). Since 2000, numerous reports have explored how
the right to health can be operationalized. Law cases, literature and courses on health and human
rights are increasingly common.
There is a new maturity about the health and human rights movement as it endeavours to
integrate human rights into health policies at the national and international levels. In addition to
the traditional human rights techniques, such as “naming and shaming”, the health and human
rights movement is also using approaches such as indicators, benchmarks and impact
assessments.
However, the health and human rights movement is also confronted with a range of major
obstacles. The present report focuses on two of them: the inadequate engagement within the
health and human rights movement of (i) established human rights non-governmental
organizations and (ii) health professionals.
The report urges established human rights non-governmental organizations to work on
health and human rights issues, such as maternal mortality, just as vigorously as they already
campaign on disappearances, torture and prisoners of conscience.
The report also emphasizes that health and human rights not only occupy much common
ground, but also complement and reinforce each other. Nevertheless, many health professionals
have never heard of the right to the highest attainable standard of health. The report argues that
there is no chance of operationalizing the right to health without the active engagement of many
more health professionals, and it makes some preliminary observations about steps that might be
taken to deepen health professionals’ engagement in the health and human rights movement.
In recent years, the right to the highest attainable standard of health, as well as other
health-related rights, have generated an increasingly rich case law. The report’s second
substantive section explains that judicial accountability has enhanced protection for the right to
health and other health-related rights, and also deepened understanding of what these human
rights mean. The section includes a sample of cases that signal how various tribunals have
interpreted and applied health-related human rights.
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