RES/6/29 Right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

Human Rights Council

Resolution 6/29. Right of everyone to the enjoyment of the highest attainable standard of physical and mental health

The Human Rights Council,

Aware that, for millions of people throughout the world, the full enjoyment of

the right to the highest attainable standard of physical and mental health still remains

a distant goal and that, in many cases, especially for those living in poverty, this goal

remains remote,

Reaffirming that the right of everyone to the enjoyment of the highest

attainable standard of physical and mental health is a human right as reflected, inter

alia, in article 25, paragraph 1, of the Universal Declaration of Human Rights, article

12 of the International Covenant on Economic, Social and Cultural Rights and article

24 of the Convention on the Rights of the Child, as well as, with respect to non-

discrimination, in article 5 (e) (iv) of the International Convention on the Elimination

of All Forms of Racial Discrimination and in article 12, paragraph 1, of the

Convention on the Elimination of All Forms of Discrimination against Women, and

that such a right derives from the inherent dignity of the human person,

Taking note with interest of general comment No. 14 (2000) on the right to the

highest attainable standard of health (article 12 of the International Covenant on

Economic, Social and Cultural Rights), adopted by the Committee on Economic,

Social and Cultural Rights at its twenty-second session in May 2000; of general

comment No. 3 (2003) on HIV/AIDS and the rights of the child, adopted by the

Committee on the Rights of the Child at its thirty-second session; and of general

recommendation No. 24 (1999) on women and health (article 12 of the Convention on

the Elimination of All Forms of Discrimination against Women), adopted by the

Committee on the Elimination of Discrimination against Women at its twentieth

session,

Recalling all resolutions on the realization of the right of everyone to the

enjoyment of the highest attainable standard of physical and mental health adopted by

the General Assembly and the Commission on Human Rights,

Recalling also the declarations and programmes of action adopted by the

major United Nations conferences and summits and their follow-up meetings,

Recognizing the need for States, in cooperation with international

organizations and civil society, including non-governmental organizations and the

private sector, to create favourable conditions at the national, regional and

international levels to ensure the full and effective enjoyment of the right of everyone

to the highest attainable standard of physical and mental health,

Concerned about the interrelations between poverty and the realization of the

right of everyone to the enjoyment of the highest attainable standard of physical and

mental health, in particular that ill-health can be both a cause and a consequence of

poverty,

Recalling the commitments made by the international community to fully

implement the health-related Millennium Development Goals,

Stressing that gender equality and the empowerment of women and girls are

fundamental elements in the reduction of their vulnerability to HIV/AIDS and that the

advancement of women and girls is a key factor in reversing the pandemic, and noting

the importance of increasing investments in and accelerating research on the

development of effective HIV-prevention methods, including female-controlled

methods and microbicides,

Recalling the creation, under the aegis of the International Action against

Hunger and Poverty of the international drug purchase facility UNITAID, which

facilitates access to drugs for the world’s poorest people as part of the fight against the

major pandemic diseases, such as HIV/AIDS, malaria and tuberculosis,

Recognizing the complementary and mutually reinforcing relationship between

health and human rights, as well as the indispensable contribution of health

professionals to the realization of the right of everyone to the enjoyment of the highest

attainable standard of physical and mental health,

Recalling its resolutions 5/1 on institution-building of the United Nations

Human Rights Council and 5/2 on the Code of Conduct for Special Procedures

Mandate-holders of the Human Rights Council, of 18 June 2007, and stressing that the

mandate-holder shall discharge his or her duties in accordance with those resolutions

and the annexes thereto,

1. Decides to extend the mandate of the Special Rapporteur on the right

of everyone to the enjoyment of the highest attainable standard of physical and mental

health for a further period of three years as reflected in article 25, paragraph 1, of the

Universal Declaration of Human Rights, article 12 of the International Covenant on

Economic, Social and Cultural Rights, article 24 of the Convention on the Rights of

the Child and article 12 of the Convention on the Elimination of All Forms of

Discrimination against Women, as well as on the right to non-discrimination as

reflected in article 5 (e) (iv) of the International Convention on the Elimination of All

Forms of Racial Discrimination. Pursuant to resolutions 2002/31 and 2004/27 of the

Commission on Human Rights, the mandate of the Special Rapporteur shall include

the following tasks:

(a) To gather, request, receive and exchange information from all relevant

sources, including Governments, intergovernmental and non-governmental

organizations, on the realization of the right of everyone to the enjoyment of the

highest attainable standard of physical and mental health, as well as policies designed

to achieve the health-related Millennium Development Goals;

(b) To develop a regular dialogue and discuss possible areas of

cooperation with all relevant actors, including Governments, relevant United Nations

bodies, specialized agencies and programmes, in particular the World Health

Organization and the Joint United Nations Programme on HIV/AIDS, as well as non-

governmental organizations and international financial institutions;

(c) To report on the status, throughout the world, of the realization of the

right of everyone to the enjoyment of the highest attainable standard of physical and

mental health and on developments relating to this right, including on laws, policies

and good practices most beneficial to its enjoyment and obstacles encountered

domestically and internationally to its implementation;

(d) To make recommendations on appropriate measures to promote and

protect the realization of the right of everyone to the enjoyment of the highest

attainable standard of physical and mental health, with a view to supporting States’

efforts to enhance public health;

(e) To submit an annual report to the Human Rights Council and an

interim report to the General Assembly on its activities, findings, conclusions and

recommendations;

2. Encourages the Special Rapporteur, in fulfilling her/his mandate:

(a) To continue to explore how efforts to realize the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health can

reinforce poverty reduction strategies;

(b) To continue the analysis of the human rights dimensions of the issues

of neglected diseases and diseases particularly affecting developing countries, and

also the national and international dimensions of those issues;

(c) To continue to pay particular attention to the identification of good

practices for the effective operationalization of the right of everyone to the enjoyment

of the highest attainable standard of physical and mental health;

(d) To continue to apply a gender perspective in her/his work and to pay

special attention to the needs of children and other vulnerable and marginalized

groups in the realization of the right of everyone to the enjoyment of the highest

attainable standard of physical and mental health;

(e) To pay due attention to the rights of persons with disabilities in the

context of the realization of the right of everyone to the enjoyment of the highest

attainable standard of physical and mental health;

(f) To continue to pay attention to sexual and reproductive health as an

integral element of the right of everyone to the enjoyment of the highest attainable

standard of physical and mental health;

(g) To continue to avoid in her/his work any duplication or overlapping

with the work, competence and mandate of other international bodies active in health

issues;

(h) To submit proposals that could help the realization of the health-related

Millennium Development Goals;

3. Takes note of the most recent reports of the Special Rapporteur on the

right of everyone to the enjoyment of the highest attainable standard of physical and

mental health, including the recommendations contained therein;

4. Calls upon all States:

(a) To give due consideration to the recommendations of the Special

Rapporteur;

(b) To guarantee that the right of everyone to the enjoyment of the highest

attainable standard of physical and mental health will be exercised without

discrimination of any kind;

(c) To ensure that relevant legislation, regulations and national and

international policies take due account of the realization of the right of everyone to the

enjoyment of the highest attainable standard of physical and mental health;

(d) To take steps, individually and through international assistance and

cooperation, especially economic and technical, to the maximum of their available

resources, with a view to achieving progressively the full realization of the right of

everyone to the enjoyment of the highest attainable standard of physical and mental

health;

(e) To consider ratifying the Framework Convention on Tobacco Control

adopted by the fifty-sixth World Health Assembly;

(f) To pay special attention to the situation of the poor and other

vulnerable and marginalized groups, including by the adoption of positive measures,

in order to safeguard the full realization of the right of everyone to the enjoyment of

the highest attainable standard of physical and mental health;

(g) To place a gender perspective at the centre of all policies and

programmes affecting women’s health;

(h) To protect and promote sexual and reproductive health as integral

elements of the right of everyone to the enjoyment of the highest attainable standard

of physical and mental health;

(i) To take into account the fact that access to medication in the context of

pandemics such as HIV/AIDS, tuberculosis and malaria is a fundamental element for

achieving progressively the full realization of the right to health;

(j) To pay due attention to the rights of persons with disabilities in the

realization of the right of everyone to the enjoyment of the highest attainable standard

of physical and mental health, including by ensuring equal access for persons with

disabilities to the same range, quality and standard of free or affordable health care

and programmes, as provided to other persons, and by providing health services

specifically needed by persons with disabilities because of their disabilities;

(k) To cooperate fully with the Special Rapporteur in the implementation

of her/his mandate, to provide all information requested and to respond promptly to

her/his communications;

(l) To give serious consideration to the requests for visits of the Special

Rapporteur, so that she/he may carry out her/his mandate even more effectively;

5. Recognizes the indispensable role that health professionals play in the

promotion and protection of the right of everyone to the enjoyment of the highest

attainable standard of physical and mental health;

6. Calls upon the international community to continue to assist

developing countries in promoting the full realization of the right of everyone to the

enjoyment of the highest attainable standard of physical and mental health, including

through financial and technical support and training of personnel, while recognizing

that the primary responsibility for promoting and protecting all human rights rests

with States;

7. Urges all international organizations with mandates having a bearing

on the right of everyone to the enjoyment of the highest attainable standard of

physical and mental health to take into account their members’ national and

international obligations related to the right of everyone to the enjoyment of the

highest attainable standard of physical and mental health;

8. Affirms that access to a sufficient amount of safe and clean water for

personal and domestic use and adequate nutrition is fundamental to the realization of

the right of everyone to the enjoyment of the highest attainable standard of health;

9. Requests the United Nations High Commissioner for Human Rights to

continue providing all the necessary resources for the effective fulfilment of the

Special Rapporteur’s mandate from within existing resources;

10. Decides to continue consideration of this matter under the same agenda

item, according to its programme of work.

[Adopted without a vote] 33rd meeting

14 December 2007

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