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08 May 2000
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CESCR
22nd Session
8 MAy 2000
Afternoon
The Committee on Economic, Social and Cultural Rights this afternoon continued its consideration of a draft general comment on article 12 of the International Covenant on Economic, Social and Cultural Rights concerning the right to health.
Specialized agencies, individual experts, and non-governmental organizations (NGOs) praised the Committee for various portions of the comprehensive document, and suggested changes in other areas as well.
Committee experts were expected to adopt the general comment later this week.
Alfredo Sfeir-Younis of the World Bank said the draft general comment had greatly assisted the Bank in understanding how the different dimensions of universality in the application of rights could be realistically defined. He added that the document served as a reminder that all inter-sectoral linkages within the economy did matter.
Constance Thomas of the International Labour Organization said she supported the emphasis in the draft on the realization that the right to health was dependent on other economic, social and cultural rights.
Miriam Maluwa of the United Nations AIDS Programme (UNAIDS) supported the inclusion of issues surrounding HIV/AIDS, but suggested the draft general comment did not highlight access to care, treatment or drugs. They should be included, she said.
The draft general comment, forwarded by Committee member Eibe Riedel, contains 49 paragraphs divided into normative contents and States parties' obligations and violations. With a view to assist States parties' implementation of the Covenant and fulfillment of their reporting obligations, the draft general comment focuses on the normative content of article 12, some of the obligations arising from it, and some illustrative violations. The third part briefly remarks upon the obligations of actors other than States parties. The draft general comment is based on the Committee's experience in examining numerous State party reports over many years.
Article 12 of the Covenant says States parties recognized the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Parties agreed to take steps to reduce stillbirth and infant mortality rates, and to work towards the healthy development of the child, as well as improving all aspects of environmental and industrial hygiene, the prevention, treatment and control of epidemics, and the creation of conditions which would assure medical services and medical attention in the event of sickness.
The Committee will meet in private session for the rest of the week to further discuss the draft general comment and to consider its concluding observations and recommendations to the reports of the States parties which were presented at this session. The conclusions will be made public on Friday, 12 May.
Discussion
ALFREDO SFEIR-YOUNIS, of the World Bank, said the draft general comment had greatly assisted the Bank in understanding how the different dimensions of universality in the application of rights could be realistically defined, and in outlining the most important components that should be taken into account in assessing the nature and scope of obligations and responsibility by all the stakeholders in the development process. Furthermore, the draft comment had sharpened the World Bank's conceptual and implementation-related focus, as it accounted for the great importance that the formulation of an appropriate health sector development strategy had, to enhance the application of the right to health. It also brought sharply to the surface the need to recognize that all inter-sectoral linkages within the economy did matter and that, in some cases, these linkages were the true determinant of success. And it established a more realistic understanding regarding the role of economic growth, macroeconomic management and the need to mainstream human rights into economic planning and implementation.
CONSTANCE THOMAS, of the International Labour Organization, said given the changing nature of the world of work, there was no longer a bright line about where the working world ended. The ILO supported the emphasis on the realization that the right to health was dependent on other economic, social and cultural rights.
MIRIAM MALUWA, of UNAIDS, said the organization was pleased that the current draft integrated issues of HIV. The document talked much about access to services, but it did not highlight access to care and treatment, as well as access to drugs, and they ought to be included.
JULIA HAUSERMAN, of Rights and Humanity, said it was discouraging to see that the situation in the world today was worse than it was in 1993, when the Committee last considered a general comment on the right to work. That should illustrate the industry. Poverty was an issue, as was inequity in access to drugs. There could be an addition about dying in dignity. And about strengthening the portion about the rights for women, there could be something about providing the necessary budgetary resources. Also what could be added was a provision saying prisoners should not be denied access to health care. And about intellectual property rights around pharmaceuticals, the rights should be balanced so that the right to health was not compromised.
TESFAMICAEL GHEBREHIWET, of the International Association of Nurses, said while health was clearly stated as a fundamental human right, the link between health and human rights should be stated at the outset. It should be clear, but sometimes that line was not clear. Quite often health care providers had their rights violated. There should be a provision about health care workers in the draft general comment.
GEORGE KENT, of the University of Hawaii, said the treatment of some issues in the text was too soft. Lumping inter-governmental agencies in with States parties should not be done. Intergovernmental agencies were fully accountable in their dealings as agents of the States. They were not fully autonomous. The issue of forced treatment should receive some attention in the draft general comment as well. Privatization should not be looked at solely as a negative issue. It should be fostered when it helps health status, and should be blocked when it harms health status.
BERNARD HAMILTON, of Physicians for Human Rights, said the organization welcomed the inclusion in the draft comment of the role of inter-governmental organizations, especially the international financial institutions, since poverty played such a large role in health. Human rights should be part of the training of health professionals.
* *** *
22nd Session
8 MAy 2000
Afternoon
The Committee on Economic, Social and Cultural Rights this afternoon continued its consideration of a draft general comment on article 12 of the International Covenant on Economic, Social and Cultural Rights concerning the right to health.
Specialized agencies, individual experts, and non-governmental organizations (NGOs) praised the Committee for various portions of the comprehensive document, and suggested changes in other areas as well.
Committee experts were expected to adopt the general comment later this week.
Alfredo Sfeir-Younis of the World Bank said the draft general comment had greatly assisted the Bank in understanding how the different dimensions of universality in the application of rights could be realistically defined. He added that the document served as a reminder that all inter-sectoral linkages within the economy did matter.
Constance Thomas of the International Labour Organization said she supported the emphasis in the draft on the realization that the right to health was dependent on other economic, social and cultural rights.
Miriam Maluwa of the United Nations AIDS Programme (UNAIDS) supported the inclusion of issues surrounding HIV/AIDS, but suggested the draft general comment did not highlight access to care, treatment or drugs. They should be included, she said.
The draft general comment, forwarded by Committee member Eibe Riedel, contains 49 paragraphs divided into normative contents and States parties' obligations and violations. With a view to assist States parties' implementation of the Covenant and fulfillment of their reporting obligations, the draft general comment focuses on the normative content of article 12, some of the obligations arising from it, and some illustrative violations. The third part briefly remarks upon the obligations of actors other than States parties. The draft general comment is based on the Committee's experience in examining numerous State party reports over many years.
Article 12 of the Covenant says States parties recognized the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Parties agreed to take steps to reduce stillbirth and infant mortality rates, and to work towards the healthy development of the child, as well as improving all aspects of environmental and industrial hygiene, the prevention, treatment and control of epidemics, and the creation of conditions which would assure medical services and medical attention in the event of sickness.
The Committee will meet in private session for the rest of the week to further discuss the draft general comment and to consider its concluding observations and recommendations to the reports of the States parties which were presented at this session. The conclusions will be made public on Friday, 12 May.
Discussion
ALFREDO SFEIR-YOUNIS, of the World Bank, said the draft general comment had greatly assisted the Bank in understanding how the different dimensions of universality in the application of rights could be realistically defined, and in outlining the most important components that should be taken into account in assessing the nature and scope of obligations and responsibility by all the stakeholders in the development process. Furthermore, the draft comment had sharpened the World Bank's conceptual and implementation-related focus, as it accounted for the great importance that the formulation of an appropriate health sector development strategy had, to enhance the application of the right to health. It also brought sharply to the surface the need to recognize that all inter-sectoral linkages within the economy did matter and that, in some cases, these linkages were the true determinant of success. And it established a more realistic understanding regarding the role of economic growth, macroeconomic management and the need to mainstream human rights into economic planning and implementation.
CONSTANCE THOMAS, of the International Labour Organization, said given the changing nature of the world of work, there was no longer a bright line about where the working world ended. The ILO supported the emphasis on the realization that the right to health was dependent on other economic, social and cultural rights.
MIRIAM MALUWA, of UNAIDS, said the organization was pleased that the current draft integrated issues of HIV. The document talked much about access to services, but it did not highlight access to care and treatment, as well as access to drugs, and they ought to be included.
JULIA HAUSERMAN, of Rights and Humanity, said it was discouraging to see that the situation in the world today was worse than it was in 1993, when the Committee last considered a general comment on the right to work. That should illustrate the industry. Poverty was an issue, as was inequity in access to drugs. There could be an addition about dying in dignity. And about strengthening the portion about the rights for women, there could be something about providing the necessary budgetary resources. Also what could be added was a provision saying prisoners should not be denied access to health care. And about intellectual property rights around pharmaceuticals, the rights should be balanced so that the right to health was not compromised.
TESFAMICAEL GHEBREHIWET, of the International Association of Nurses, said while health was clearly stated as a fundamental human right, the link between health and human rights should be stated at the outset. It should be clear, but sometimes that line was not clear. Quite often health care providers had their rights violated. There should be a provision about health care workers in the draft general comment.
GEORGE KENT, of the University of Hawaii, said the treatment of some issues in the text was too soft. Lumping inter-governmental agencies in with States parties should not be done. Intergovernmental agencies were fully accountable in their dealings as agents of the States. They were not fully autonomous. The issue of forced treatment should receive some attention in the draft general comment as well. Privatization should not be looked at solely as a negative issue. It should be fostered when it helps health status, and should be blocked when it harms health status.
BERNARD HAMILTON, of Physicians for Human Rights, said the organization welcomed the inclusion in the draft comment of the role of inter-governmental organizations, especially the international financial institutions, since poverty played such a large role in health. Human rights should be part of the training of health professionals.
* *** *