Human Rights Council hold clustered interactive dialogue with Special Rapporteurs on right to health and right to education

MORNING

19 June 2012

The Human Rights Council this morning held a clustered interactive dialogue with the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover, and the Special Rapporteur on the right to education, Kishore Singh.

Mr. Grover introduced his thematic report on the right to occupational health and said that States had the obligation to formulate, implement, monitor and evaluate national occupational health laws and policies, with the active and informed participation of workers. Mr. Grover had visited Ghana last year and commended the establishment of the National Health Insurance Scheme in 2004 which had expanded and improved access to health goods and services across the country, and said that more needed to be done to reduce maternal mortality, improve maternal health and address malaria. In Viet Nam, the Special Rapporteur was concerned that privatization and decentralization might undermine the availability, accessibility and affordability of health care for all, particularly for the poor, near poor and ethnic minorities, by creating a health system that was increasingly driven by profit concerns.

Mr. Singh said that the considerable progress made in universalizing access to primary school education remained seriously compromised by the low quality of education provided. It was essential to promote the right to education both as an entitlement and as empowerment, said Mr. Singh and recommended that States accorded high priority to the development and strengthening of education laws and policies on quality of education, ensuring that these were uniformly applied and adequately resourced. Turning to his visit to Kazakhstan, Mr. Singh commended the Government for its clear commitments to protect and promote the right to education and noted that disparities between urban and rural schools, the situation of persons with disabilities, and access to education by migrants and refugees were some of the challenges Kazakhstan was facing.

Ghana, speaking as a concerned country, said it had launched a National HIV/AIDS strategic plan in 2011 with a focus on controlling new infections and reducing mother-to-child transmission and noted that the Government was determined to ensure that health service delivery was not adversely affected by current global economic challenges.

Also speaking as a concerned country, Viet Nam said that the right to health was protected by laws and was a long-term policy of the Government whose spending on health had consistently exceeded the growth rate of overall Government spending, which allowed the development of a national social health insurance system in which priorities were given to the poor, remote areas, ethnic minorities and children.

The President of the Council said that Kazakhstan had already responded to the report by the Special Rapporteur on the right to education on his mission to the country in writing, and it had been produced as an addendum to the report.

In the interactive debate, concerning the right to health, speakers welcomed Mr. Grover’s recommendations to provide appropriate health services to workers and said it was vital to encourage all countries to develop and implement policies for occupational health and above all to encourage them to monitor the progress. Monitoring of key indicators and benchmarks must play an integral role in the review of occupational health legislation and policy. It was noted that sectors, such as construction and agriculture, and some groups, such as women, remained disproportionately affected. Countries requested more details on possible ways to promote and enhance informal workers’ participation in the policy-making processes related to occupational health and wished to hear more about best practices and lessons learned related to his recommendation to establish innovative laws and policies to support occupational health interventions in the informal sector.

With regard to the right to education, speakers said that 200 million children globally could not read or write upon leaving primary school and agreed with Mr. Singh in saying that providing education was not enough. Its quality must be guaranteed and education systems must fight against marginalisation and exclusion, which were incompatible with quality education. Efforts to promote the realization of the right to education worldwide must shift from the formal provision of educational opportunities to a full development of the human personality and its dignity. A speaker shared the concern of the Special Rapporteur concerning the education of children in conflict areas and asked about his ideas on promoting education in conflict-affected and fragile States and the prominent role that United Nations agencies could play in this regard.

Speaking in the interactive debate were Brazil on behalf of the Latin American and Caribbean Group, Senegal on behalf of African Group, Italy, European Union, Tunisia, Paraguay, Norway, Jordan on behalf of the Arab Group, Uruguay, United Arab Emirates, Pakistan on behalf of the Organization of Islamic Cooperation, Ecuador, Costa Rica, Portugal, Cuba, Chile, Thailand, Australia, Bahrain, Algeria, Brazil, Honduras, Sri Lanka, India, Indonesia, United States, Bangladesh, Qatar, Greece, Georgia, Cyprus, China, South Africa, Morocco and Iran.


At 3 p.m. this afternoon, the Council will conclude the interactive dialogue with the Special Rapporteur on the right to health and the Special Rapporteur on the right to education, after which it will hear the presentation of reports by the Special Rapporteur on freedom of expression and the Special Rapporteur on summary executions.


Documentation

The Council has before it the report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (A/HRC/20/15).

The Council has before it an addendum to the report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health on the Mission to Ghana (A/HRC/20/15/Add.1).

The Council has before it an addendum to the report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health on the Mission to Vietnam (A/HRC/20/15/Add.2).

The Council has before it an addendum to the report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health on the Mission to Viet Nam: comments by the State on the report of the Special Rapporteur (A/HRC/20/15/Add.3).

The Council has before it the report of the Special Rapporteur on the right to education(A/HRC/20/21).

The Council has before it an addendum to the report of the Special Rapporteur on the right to education on the Mission to Kazakhstan(A/HRC/20/21/Add.1).

The Council has before it an addendum to the report of the Special Rapporteur on the right to education on the Mission to Kazakhstan: comments by the State on the report of the Special Rapporteur (A/HRC/20/21/Add.2).

Introduction of the Reports on the Rights to Health and to Education

ANAND GROVER, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, said his thematic report considered the right to occupational health as an integral component of the right to health and described a number of international human rights instruments addressing this right. It discussed States’ obligations to formulate, implement, monitor and evaluate national occupational health laws and policies. It was crucial that States ensured that mechanisms were in place to facilitate the active and informed participation of workers in the formulation and implementation of those laws and policies. Further, States were required to intervene directly and indirectly in order to fulfil the right to occupational health of workers in the formal and informal economy. The report explored a number of issues including environmental and industrial hygiene, challenges posed by emerging technologies, minimization of hazards in the workplace and others.

Mr. Grover reported on his country visits and said that the establishment of the National Health Insurance Scheme in Ghana in 2004 had expanded and improved access to health goods and services across the country, but more needed to be done to reduce maternal mortality, improve maternal health and address malaria which was responsible for 9.4 per cent of maternal mortality and was the single greatest risk factor for mortality in new-borns. Viet Nam was committed to providing health care for all and had moved since the 1990s to a mixed public/private system of health-care financing and provision, with greater involvement of the private sector in the provision of health services on a for-profit basis. The Special Rapporteur was concerned that privatization and decentralization might undermine the availability, accessibility and affordability of health care for all, particularly for the poor, near poor and ethnic minorities by creating a health system that was increasingly driven by profit concerns.

KISHORE SINGH, Special Rapporteur on the right to education, said his annual thematic report dealt with normative action for quality education. The considerable progress made in universalizing access to primary school education remained seriously compromised by the low quality of education provided. It was essential to promote the right to education both as an entitlement and as empowerment. A holistic conceptual framework of quality education was of paramount importance. Quality education was hinged on a school system respectful of human rights. It was also crucial to nation-building and individual empowerment. Key recommendations by the Special Rapporteur included the accord of high priority to the development and strengthening of education laws and policies on quality of education for all by States, ensuring that these were uniformly applied; that assessments were driven by a promotional spirit; that a comprehensive normative framework was developed; that the necessary resources were ensured by States; and that research and reflection on the quality of education by universities and education research centres be encouraged while also raising public debate on a global level on the right to equality of education.

The Special Rapporteur commended the Government of Kazakhstan for its clear commitments to protect and promote the right to education. The country had very high literacy rates and almost universal enrolment at the primary and secondary levels of education. Despite these achievements Kazakhstan faced a number of challenges including disparities between urban and rural schools and the situation of persons with disabilities. The Special Rapporteur also expressed concern about the situation of migrants and refugees who reportedly faced obstacles in their enrolment due to the lack of appropriate documents for registration.

Statements by Concerned Countries

Ghana, speaking as a concerned country, provided an update on developments since the visit of the Special Rapporteur on health. Parliament had approved the ratification of the Convention on the Rights of Persons with Disabilities and passed a Mental Health bill in 2012. A national workplace HIV/AIDS policy, which provided the framework for a national strategy to reduce the spread of HIV/AIDS and mitigate its impact, was developed in 2004. Ghana also launched a National HIV/AIDS strategic plan in 2011, with a focus on controlling new infections and reducing mother-to-child transmission. The Government was determined to ensure that health service delivery was not adversely affected by current global economic challenges and the classification of Ghana as a middle income country, and expressed appreciation for the support of international partners including the Global Fund. Efforts were being made to finalise a draft national occupational safety and health policy and the Government was working to present to Parliament proposals for the ratification of International Labour Organization Convention No. 155.

Viet Nam, speaking as a concerned country, said that the visit of the Special Rapporteur on the right to health to this country had been an opportunity to learn about achievements made by Viet Nam and challenges it faced in ensuring the rights and fundamental freedoms of its people. The consistent view of Viet Nam was to assure sustainable development in which national economic growth was harmonized with improvements in the well-being of the population. The right to health in Viet Nam was protected by laws and was a long-term policy of the Government. The spending on health had consistently exceeded the growth rate of overall Government spending, allowing the development of a national social health insurance system in which priorities were given to the poor, remote areas, ethnic minorities and children. Viet Nam said that the report of the Special Rapporteur could be more improved in the upcoming future via constructive dialogue in order to provide a balanced and comprehensive picture on the enjoyment of the right to health in the country.

Interactive Dialogue with the Special Rapporteurs on the Right to Health and the Right to Education

Brazil, speaking on behalf of the Group of Latin American and Caribbean Countries, said that the Latin American and Caribbean region had made significant progress in the area of extending and improving access to free and compulsory high quality education. However, similar progress was not witnessed in the area of improving the learning process and this was an ongoing challenge for the region. During the annual Ministerial Review of the Economic and Social Council that took place last July, overcoming inequalities, strengthening teaching capacity and expanding the use of information technology to improve the quality of results were identified as key priorities. Strides had been made in ensuring convergence in education agendas at the national, sub-regional and regional levels.

Senegal, speaking on behalf of the African Group, shared concern regarding the situation of migrant workers throughout the world. The African Group wished to know how legal protection could be afforded to these migrant workers. The African Group was convinced that quality education came at a price and that all States should invest further in the education sector. The African Group also pointed to the role of bilateral and international cooperation and what this could do to support countries’ efforts.

Italy said that the current economic and financial crisis meant that there was a risk that fundamental rights could be seriously affected. Italy requested more details on possible ways to promote and enhance informal workers’ participation in the policy-making processes related to occupational health. Italy found it crucial to promote human rights through teaching and identified itself as among the main promoters of the United Nation Declaration on Human Rights Education and Training. Italy enquired as to whether there already were any best practices in relation to the regulation of the number of private schools.

European Union recalled that according to European Union legislation employers had a duty to ensure health and safety. Concerning new occupational and health related risks, it was noted that sectors, such as construction and agriculture, and some groups, such as women, remained disproportionately affected, and the European Union asked the Special Rapporteur to provide guidance on relevant priorities. The Special Rapporteur referred to a number of international initiatives to improve the quality of education, and the European Union inquired whether he planned to strengthen cooperation with the entities organizing them, in particular with the work of the Special Rapporteur on violence against children.

Tunisia said that the mandate on the right to health was related to the mandate of the working group on human rights and transnational corporations. After the recent revolution, Tunisia did away with subcontracting in the public sector and reduced this sector as this form of employment did not provide adequate social coverage and labour health. Tunisia agreed that it was essential to promote the right to education in terms of both universal access to basic education and as a factor of quality to ensure the acquisition of knowledge and competences.

Paraguay took note of the recommendations by the Special Rapporteur on education. Education systems must fight against marginalisation and exclusion, which were incompatible with quality education. States must pay particular attention to the education needs of economically and socially marginalised groups. Research and indicators on education showed great differences between rural and urban areas; socio-linguistic, cultural and occupational differences posed important challenges concerning education in Paraguay. Paraguay was particularly concerned with the link between levels of school enrolment and living standards in rural areas: schooling did not seem to guarantee a corresponding increase in the standard of living.

Norway welcomed the approach of the Special Rapporteur to occupational health and said that monitoring of key indicators and benchmarks must play an integral role in the review of occupational health legislation and policy. Norway shared the concern of the Special Rapporteur on the right to education concerning the education of children in conflict areas and asked about his ideas on promoting education in conflict-affected and fragile States and the prominent role that United Nations agencies could play.

Jordan, speaking on behalf of the Arab Group, welcomed the recommendations of the Special Rapporteur on the right to health to provide appropriate health services to workers and said it was vital to encourage all countries to develop and implement policies for occupational health and above all to encourage them to monitor the progress. The Arab Group agreed with Mr. Singh in saying that providing education was not enough and that its quality must be guaranteed.

Uruguay said that in occupational health it was also important to work on the prevention of diseases in the workplace and supported the recommendations of the Special Rapporteur concerning the prohibition of exposure to hazardous materials. Turning to the report on the right to education, Uruguay said that it was facing the challenge in providing quality secondary education to ensure that adolescents did not leave school too early and were better integrated in the information society.

United Arab Emirates said the United Arab Emirates attached great importance to the issues surrounding occupational health risks which informal workers were exposed to at the workplace. It was convinced of the importance of the right to education and said it had implemented a multi-pronged strategy addressing this. The United Arab Emirates also called for the strengthening of technical assistance to respond to the need for quality education.

Pakistan, on behalf of the Organization of Islamic Cooperation, suggested that the recommendations made by the Special Rapporteur on the right to health could be more focused on the actions to be taken by Member States at both the policy level and the implementation level. At the implementation level, developing countries faced resource constraints which could be overcome by technical and financial assistance. The Special Rapporteur on the right to education had not addressed the important dimension of quality education vis-à-vis resource constraints and national priorities in the education sector.

Ecuador said that Ecuador had a plan aiming to bring universal social security to the whole population. Extended coverage had been given not just to workers but also their families. Ecuador expressed concern about limited progress in the provision of universal education in recent years and launched an appeal to States to continue to implement policies to achieve quality education. Enrolment in primary education in Ecuador was up to 96 per cent from 89 per cent in 2007.

Costa Rica said that education required commitments and investments on physical structures and in this context disarmament could free additional funds for development. Quality education must include a human rights dimension, and the ability to live better in society. There was a major link between the work of this Council and other agencies of the United Nations. Costa Rica asked the Special Rapporteur what contributions could be expected from him in the intergovernmental process negotiating a binding instrument on mercury, which addressed the situation of miners who used this toxic material, given his recent work on the right to occupational health.

Portugal said that efforts to promote the realization of the right to education worldwide must shift from the formal provision of educational opportunities to a full development of the human personality and its dignity. It had been suggested that UNESCO develop guidelines for standards of quality education; Portugal inquired the views of the Special Rapporteur on this process in light of previous work carried out by UNICEF. The thematic discussion under the auspices of the Council had also been recommended; when and in which format did the Special Rapporteur envision this discussion taking place?

Cuba welcomed the conclusions of the Special Rapporteur concerning occupational health, including those on the prevention of occupational diseases, particular attention to vulnerable groups, and the need to grant primacy to occupational health over commercial interests. The right to education lay at the basis of the exercise and enjoyment of other rights and fundamental freedoms. Cuba agreed with the Special Rapporteur’s recommendations concerning quality evaluation, creating opportunities for education and training for all, securing the necessary financial resources, and the need for further research on this area.

Chile said that there was a major achievement in ensuring universal education, but challenges remained, particularly concerning the disparity between boys and girls and the quality of education. Chile had recently promulgated a law to boost the position of teachers and improve the quality of teaching. On the right to health, Chile said that the responsibility of countries to ensure this right included also the provision of healthy working conditions and welcomed the focus of the report of the Special Rapporteur on the informal economy which made workers more vulnerable.

Thailand said occupational health was an integral component of the right to health and should be enjoyed by workers in formal and informal economies alike. The Government had promulgated a law on occupational health and safety in 2011 which prescribed standardized working conditions that were safe, hygienic and posed no danger to employees’ lives. Thailand shared the concern of the Special Rapporteur regarding the low quality of education and the need to systematically address this issue through the development of norms and standards on the national level and their translation into policy and action.

Australia said Australia was committed that all workers were afforded the highest standards of work health and safety regardless of where they worked around the country. Since 2008 Australia had sought to introduce robust and harmonized occupational health and safety laws and six out of nine jurisdictions had enacted such laws to date. Australia said that 200 million children globally could not read or write upon leaving primary school and said that by 2016 Australia would increase the proportion of its aid budget spent on education to 25 per cent. This would help four million children attend school and would improve education for a further 20 million children.

Bahrain said that Bahrain was keen to provide, update and increase access to health services in the country. One stated goal was reaching a standard of one health centre for every 20,000 citizens. Bahrain endorsed the enjoyment of the right to education, noting that education was compulsory for all in Bahrain. Materials were provided in public schools and special centres for persons with special needs had been set up and were also fully equipped.

Algeria said that in ensuring the occupational health rights of workers in the workplace, an approach centred on social inclusion was important, especially with regards to migrant workers who faced social, cultural and linguistic barriers. Research had to be stepped up and reliable data obtained in this respect. Education was of importance in Algeria and important reforms had been brought into its education system for the provision of practical improvement in schooling. Algeria emphasized the importance of international cooperation as well as that of capacity building in developing countries.

Brazil said that Brazil agreed on the need to pay special attention to the needs of vulnerable and marginalized groups. Health was not only a crucial element in the fight against poverty, it was also a prerequisite for the realization of all human rights for all. The right to health had to remain at the top of the agenda. Brazil looked forward to the study on access to medicines that the Special Rapporteur had been assigned to prepare.

Honduras addressed the report of the Special Rapporteur on the right to education, saying that in recent years, Honduras had achieved an 89 per cent attendance rate in primary education, but despite efforts that had been made to improve the quality of education, there remained pupils who did not attain basic reading, writing and maths skills. Equality and a propitious and participatory environment were important to ensure the provision of quality education. Honduras had adopted legislation to strengthen education and social participation through municipal educational development councils.

Sri Lanka said that health services in Sri Lanka were freely provided by the government to all citizens. In 2011, a plan of action was developed to facilitate the provision of occupational health to workers; pilot units had been established in some districts and workshops to promote awareness among marginalised workers had been conducted. Sri Lanka continued to provide free education and endeavoured to improve its quality; setting standards for quality was important and States should be assisted in consultation. Many developing countries still grappled with the provision of basic education, and realistic goals should be set taking into consideration the specific context.

India said that India had a huge informal sector and the Government was committed to regulate the management of health and safety and health risks. Many measures had been taken to create social security schemes, providing health insurance for poor families and protecting workers from exploitation. It was important to promote the right to education in terms of universal access and knowledge, skills, competence and quality. Indian legislation was the first in the world to put the responsibility of ensuring enrolment, attendance and completion of education for children on the Government.

Indonesia said that the Government aimed to have universal health insurance and had developed programmes to increase access and quality of health services for the poor and the near-poor. Indonesia asked the Special Rapporteur to share good practices and lessons learned related to his recommendation to establish innovative laws and policies to support occupational health interventions in the informal sector. Indonesia had allocated 20 per cent of its national budget to implement the national education policy. Given the size of its population and geographical challenges, Indonesia wished to hear some suggestions from Mr. Singh on how it should prioritize its education programme to accelerate better quality education.

United States fully agreed with the Special Rapporteur on the importance of occupational health and said that the primary focus when protecting employees’ health and safety should be prevention. Turning to the report on the right to education, the United States said that today world-class education was a prerequisite for success. Human rights education began with literacy which was a cornerstone of a quality education. States and the international community must reaffirm the commitment to provide quality education to all, regardless of socio-economic background, race, religion, physical or mental ability or gender.

Bangladesh endorsed some of the recommendations made by Mr. Singh in his report and said that ensuring education for all was of utmost importance. There was a need for practical education to ensure sustainable development. The highlight of emerging technologies in the report of Mr. Grover was timely since exposure to nano particles might pose serious health risks to workers. Bangladesh regretted that many important areas had not received sufficient attention in the report, such as the elaboration of health hazards faced by health workers.

Qatar said that priority had been given to education in Qatar and that it was at the heart of its development strategy. Independent schools had been opened, aiming to provide human training in various fields. Specially designed schools in line with international standards focused on the needs of children belonging to various groups, including children with disabilities. The quality of teaching staff and their ongoing training was also important.

Greece enquired as to how the elements made reference to by the Special Rapporteur on the right to education, such as the physical environment, class size and pupil-teacher ratio, could be fulfilled and whether any examples of best practices in this area could be shared. Greece also enquired about the Special Rapporteur on the right to education’s current assessment regarding efforts thus far on a global level to combat illiteracy in women, and how the Human Rights Council could contribute to further engaging States in order to realize in practice the need to combat female illiteracy.

Georgia said that infrastructural rehabilitation of schools had been taking place in Georgia. A Teachers’ Professional Development Centre had been established and a new certification programme had been launched. Special attention was paid to children with disabilities. There were initiatives aimed at providing education for minorities in their own language and ensuring adequate command of Georgian. It was noted that this could not be applied to the whole territory, with reference to the occupied Abkhazia and Tskhin regions, where human rights and civil liberties were systematically ignored and violated.

Cyprus said that education should also allow for the involvement of students in formulating positions which directly concerned them, such as equality and respect for human rights. Cyprus had implemented legislation and curriculum reforms had been implemented to address special needs education which favoured the integration of children with special educational needs in inclusive settings; in this regard, Cyprus asked how global efforts for the improvement in the quality of education could have an impact on opportunities for these children.

China said that occupational health was an integral part of the right to health. China had always paid attention to workers’ occupational safety and health, and it promoted labour and trade union laws and laws on prevention of injuries, among others. China would continue to make efforts to eradicate occupational diseases and protect the health and safety of workers. Education was fundamental for progress. Vocational education was developing in China and higher education was increasingly available. China’s legislation addressed the quality of compulsory education and the national plan for education put quality at the centre of reform.

South Africa said that the right to health was a key component of the realisation of the right to life. States had an obligation to take progressive measures within available resources to ensure the promotion, protection and practical enjoyment of this right. The focus on the occupational health of people involved in the informal economy, including the vulnerable and marginalised groups, was also important and relevant. South Africa had enacted legislation and policies aimed at ensuring the right to health of workers. It was important that transnational corporations should be held accountable for violations of human rights of workers.

Morocco said that Morocco took due note of the recommendations contained in the report of the Special Rapporteur on the right to health and informed the Council that it had launched in April 2012 a health scheme to assist 8.5 million most vulnerable persons, including four million extremely poor persons who would benefit from free access to heath care. Morocco had set its priority on education and on improving its quality, including the Emergency Programme 2009-2012 which had been set up to accelerate the reform of the education sector.

Iran said that there was a need for the establishment of effective legal and political mechanisms at international and national levels through which transnational corporations could be held accountable for violations of the right to occupational health. On the right to education, Iran said that relevant international organizations should continue to strengthen their work in providing support services and technical assistance to Governments in their efforts to provide quality education.

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