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Report of the Right to Health UN Special Rapporteur

D 24 September 2014    


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In the present report, the Special Rapporteur considers a number of critical elements that affect the effective and full implementation of the right to health framework. He begins by reaffirming the justiciability of economic, social and cultural rights, including the right to health, by reiterating the indivisibility and interdependence of all human rights and stressing the timely entry into force of the Optional Protocols to the International Covenant on Economic, Social and Cultural Rights in 2013 and to the Convention on the Rights of the Child on a communications procedure in 2014.

The Special Rapporteur then explores the concept of the progressive realization of the right to health and underlines the importance of the enforcement of State obligations through court judgements that recognize the State’s capacity and incorporatemonitoring by the court and civil society participation.

He further focuses on the accountability deficit of transnational corporations and calls for an international mechanism to hold them liable for violations of human rights. The Special Rapporteur also urges a review of the current system of international investment agreements and the investor-State dispute settlement system with a view to creating a level playing field between transnational corporations and States.

The Special Rapporteurs concludes his report with a set of specific recommendations on bridging the gaps in the full realization of the right of everyone to the enjoyment of the highest attainable standard of health.

Read the integrality of the report

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