A/HRC/22/31
forms of behaviour initiated as young people, including tobacco use, unhealthy nutritional
habits, lack of physical activity, unprotected sexual relations or exposure to violence. In
addition, the dangers and risks of local environmental pollution for child health must also
be borne in mind.
8.
The submissions received and the discussions held during the expert consultation
confirmed that, despite progress, child health remains a significant concern throughout the
world. Some areas of common concern require special attention, including malnutrition,
violence, injuries and accidents, mental health, substance use, adolescent sexual and
reproductive health, and education for healthy behaviour. In resource-limited settings,
additional attention to pneumonia, diarrhoea and other communicable diseases should also
be prioritized.
III. International legal framework
9.
The Convention on the Rights of the Child, the main international instrument for the
promotion and protection of the rights of the child, applies to children in all circumstances.
Children everywhere, whether in the developed world, in developing countries or in
countries in conflict, are entitled to the same protection of their rights, including the right to
health. In conformity with article 1 of the Convention, the right of the child to health
applies to any human being below the age of 18.
10.
Beyond the Convention on the Rights of the Child and the Optional Protocols
thereto, all other core human rights treaties with health-related provisions apply to both
adults and children and, as such, constitute additional sources of guidance for fulfilling the
right of the child to health. These include, inter alia, the International Covenant on
Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of
Discrimination against Women, the International Convention on the Elimination of All
Forms of Racial Discrimination, the Convention on the Rights of Persons with Disabilities,
the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, and the conventions of the International Labour Organization
(ILO) relevant to child labour, namely the Minimum Age Convention, 1973 (No.138) and
the Worst Forms of Child Labour Convention, 1999 (No. 182).
11.
The right to health is a universal human right recognized by the Universal
Declaration of Human Rights and by article 12 of the International Convention on
Economic, Social and Cultural Rights. The interpretation of article 24 of the Convention on
the Rights of the Child should take into account the guidance provided by the Committee
on Economic, Social and Cultural Rights in its general comment No. 14, as some of the
obligations of the State directed at fulfilling the right of the child to health coincide with
general obligations stemming from the universal right to health. The right of the child to
health is an inclusive right that is also informed by the Constitution of the World Health
Organization, in which health is defined as a state of complete physical, mental and social
well-being, rather than merely the absence of disease or infirmity.
12.
In article 24 of the Convention on the Rights of the Child, State parties to the
Convention recognize the right of the child to the enjoyment of the highest attainable
standard of health and strive to ensure that no child is deprived of his or her right of access
to health-care services. Moreover, States parties are required to take appropriate measures
to diminish infant and child mortality, to ensure appropriate prenatal and postnatal health
care for mothers, and to combat disease and malnutrition. State parties are also obliged to
ensure that all segments of society, in particular parents and children, are informed, have
access to education and are supported in the use of basic knowledge of child health and
nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the
4
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents