Health and Human Rights
Training course for WHO staff
February 2.-3. 2011
Riikka Rantala
JPO-HHR
1
Health and Human Rights (HHR)

Basic concepts of HHR
 UN Human Rights System
 WHO and HHR
2
1.Basic concepts of health
and human rights
3
Health and Human Rights –
Linkages



Human rights violations worsen health
 Torture, GBV, discrimination
Realization of human rights improves health
 Gender equality, rights to education,
information, water, housing
Health policies/programmes can violate or
promote human rights
 Participation, discrimination, privacy
4
Right to Health
Right to Health
Underlying determinants
Health-care
water, sanitation, food, nutrition, housing,
healthy occupational and environmental
conditions, education, information, etc.
AAAQ
Availability, Accessibility, Acceptability, Quality
(General Comment No. 14 of the Committee on Economic, Social and Cultural Rights, explains
CESCR Art 12. “The right of everyone to the highest attainable standard of physical and mental health”)
5
Right to Health

Progressive realization



Concrete steps e.g. national strategy
Using maximum of available resources,
international assistance
Core minimum obligation





Non-discriminatory basis
Minimum essential food
Shelter, housing, sanitation, safe drinking water
Provision of essential drugs
Equitable distribution of health facilities, goods,
services
6
Even if health care is available, it is
not always accessible or acceptable
7
Health and Human Rights –
Principles
 Universality
 Indivisibility
 Interdependence
and interrelatedness
 Equality and non-discrimination
 Participation and inclusion
 Accountability
8
Types of obligations
Obligation to
Respect
Protect
Fulfill
Duty-bearer to
refrain from
interfering with
enjoying the
right
Duty-bearer to
prevent others
interfering with
the enjoyment
of the right
Duty-bearer to
adopt appropriate
measures towards
full realization of
the right
9
2. UN Human Rights System
10
11
Monitoring process of the treaty
bodies
Ratification of the treaty
Submission of
State party report
(4-5 years)
Follow-up of the
recommendations
Concluding
observations
(recommendations)
Pre-sessional
working group
List of issues
Response to the list
of issues
Plenary Session
(dialogue between
the TB & the Govt)
12
Charter-based bodies

UN charter-based human
rights bodies:


HUMAN RIGHT
COUNCIL
(UNIVERSAL
PERIODIC REVIEW)
SPECIAL
PROCEDURES
(INDEPENDENT
EXPERTS/ WORKING
GROUPS)
13
3. Human rights and WHO
14
WHO’s mandate on HHR



WHO Constitution
(1946/48)
Alma Ata (1978), World
Health Declaration (1998)
WHA resolutions and
policy documents


11th General Programme of
Work 2006-2015
Medium-term Strategic Plan
2008-2013


SO 7, OWER 4
Cross-cutting issue
15
WHO’s mandate on HHR
UN Member States
“call upon all parts of the
UN to promote
human rights and
fundamental
freedoms in
accordance with their
mandates”
2005 World Summit Outcome,
GA res. 60/1 2005
 Charter
of the UN
(1945)
 UN Reform
Programme (1997)
 UN Common
Understanding on HR
 World Summit 2005
16
WHO’s mandate on HHR
Every SEAR Member State has ratified at
least 2 international human rights
treaties that recognize health as a
human right or other health-related
human rights + MS have domestic
obligations (constitution etc.)
WHO's public health guidance needs to
be consistent with (and reinforces and
promotes) these human rights
obligations
17
Some benefits of integrating human rights
into WHO’s public health work
Policy making: Human rights as a standard
of assessment of health policy and practice
Member
Human Rights
WHO
States
Programming: Human rights as an
analytical framework to identify root causes
of problems and power dimensions (better
targeted approach)
Accountability mechanism: Legal
Framework (entitlements and obligations),
Reforms in laws and policies
Partnerships: Increased range of partners,
scope of analysis and action in countries
Advocacy: Powerful advocacy tool.
Advancing health agenda within the human
rights arena.
18
HHR and WHO SEARO





Workshops/orientations on HHR (environmental
health Thailand, right to clean indoor air Nepal,
orientations for WCOs, MoH, HRCs)
Tools (MNH tool in Indonesia, gender/hr,
education package)
Fact sheets, advocacy material (country,
thematic)
Reports to treaty monitoring bodies
Mental health law and human rights diploma,
ILS Law College Pune (support a student)
19
Thank you!
For more information:
http://intranet/en/Section23/Section239
7.htm
http://www.who.int/hhr/en/
“Facts do not cease to exist because they are
ignored” –Aldous Huxley
20