HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DEBATE WITH MANDATE HOLDERS ON RIGHT TO HEALTH, EXTREME POVERTY AND VIOLENCE AGAINST WOMEN

The Human Rights Council this afternoon held an interactive debate with the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standards of physical and mental health, the Independent Expert on the question of human rights and extreme poverty, and the Special Rapporteur on violence against women, its causes and consequences.

Anand Grover, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, presenting his report, said his report focused on the criminalisation of consensual sexual behaviour, and its impact on the enjoyment of the right to health, specifically, criminalisation of same-sex conduct and sexual orientation, sex work, and HIV/AIDS transmission. The Special Rapporteur considered criminalisation of consensual, same-sex conduct between adults, along with criminalisation based upon sexual orientation or gender identity, to infringe upon the enjoyment of the right to health both directly and indirectly.

Maria Magdalena Sepulveda Carmena, Independent Expert on the question of human rights and extreme poverty, presenting her report, said extreme poverty amongst older persons was becoming a very serious issue, in part due to the decrease of fertility and the increase of life expectancies around the world. Older populations around the world were growing at the fastest rate in history and this significant demographic shift posed new problems for the future. All of this was exacerbated in the context of important socio-economic changes such as migration, rising urbanization, the effects of HIV/AIDS and the fact that traditional family structures were undergoing great changes.

Rashida Manjoo, Special Rapporteur on violence against women, presenting her report, said although a coherent theory and practice for remedies for victims of human rights violations did not yet exist in international law, there was increased recognition of the right of individuals to reparation for the violation of their human rights. The little attention devoted to reparations for women who suffered violence contrasted with the fact that women were the target of both sex-specific and other forms of violence. Given the disparate and differentiated impact that violence had on women, there was a need for specific measures of redress in order to meet their specific needs and priorities.

In the course of the interactive dialogue, speakers said, with regard to the right to health that a sustainable approach to achieving the right to health should consist of a coherent effort at national and international levels. Many developing countries continued to face the challenge of pandemics, chronic diseases, maternal mortality, infrastructure development, and access to and affordability of medicine. More work needed to be done for the protection of the right to health of vulnerable groups like women, children, persons with disabilities, migrants and persons living with HIV/AIDS. Many delegations raised the issue of sexual orientation, same-sex sexual activity and sex work, and whether this should be criminalised or not, based on cultural or moral grounds.

On violence against women, delegations pointed out that regrettably, violence against women remained one of the most prevalent crimes in most societies, and its consequences were devastating, as it cut across all facets of life and its pervasiveness had become an issue of global concern. It did not only violate women's rights but also diminished their dignity. It was discrimination that often lay at the heart of such violence, and at the heart of so many human rights violations that affected women. It was also this discrimination, in the form of re-victimisation, stigma, and community ostracisation, that would keep women from pursuing redress for the crimes committed against them, and the international community needed to find a way forward to eliminate the problem at its root.

With regard to extreme poverty, speakers said, among other things, that the fact that more than one billion people still subsisted on less than $ 1 a day was indicative of the enormous challenges for the world, and the international system needed to provide assistance on the basis of long-term development plans developed by poor countries. It was the obligation of States to establish appropriate measures to promote social protection for all persons in need, without any discrimination. The problems faced by developing countries went beyond their capacities, and the impact of the enormous challenges faced by the world, such as the food crisis, climate change, and others should not be disregarded, and urgent steps should be taken to settle economic imbalances and climate change which led to the erosion of poor countries capacities.

Speaking this afternoon as concerned countries were Australia, India, Poland, Zambia, and Kyrgyzstan.

Speaking in the context of the interactive discussion were African Union, Maldives, European Union, Cuba, Nigeria on behalf of the African Group, Pakistan on behalf of the Organization of the Islamic Conference, Finland, Sudan on behalf of the Arab Group, Bangladesh, Egypt, Netherlands, Colombia, United States, South Africa, Russian Federation, New Zealand and Brazil.

The next meeting of the Council will be on Monday, 7 June when it will meet for a full day of meetings. At 9 a.m., the Council is scheduled to hold its annual discussion on the rights of women. The interactive discussion begun this afternoon will continue immediately afterwards, in its midday meeting.

Documentation

The Report of the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, Anand Grover (A/HRC/14/20) examines the relationship between the right to the highest attainable standard of health and the criminalization of three forms of private, adult, consensual sexual behaviour: same-sex conduct and sexual orientation, sex work, and HIV transmission.

Communications to and from Governments (A/HRC/14/20/Add.1) is a summary of communications sent to and replies received from governments and other actors in the preparation of this report.

Mission to India (22 November - 3 December 2007) (A/HRC/14/20/Add.2) examines the maternal mortality rate in India through the lens of the right to health. The report focuses on the health workforce and accountability and makes a number of recommendations for reducing maternal mortality and morbidity in the country.

Mission to Poland (5-11 May 2009) (A/HRC/14/20/Add.3) describes the Special Rapporteur’s mission to Poland. The key objective of the mission was to understand how Poland endeavors to implement the right to health in particular in the context of sexual and reproductive health rights and harm reduction policies.

Mission to Australia (23 November-4 December 2009) (A/HRC/14/20/Add.4) details the Special Rapporteur’s meetings with government representatives, civil society organizations and health professionals in Canberra, Sydney, Brisbane, Melbourne, Alice Springs and Darwin. Although the standard of living and quality of health care in Australia is excellent, the Special Rapporteur was particularly concerned during the mission with health service delivery to the Aboriginal and Torres Strait Islander people of Australia and to those in detention (both prisons and immigration detention).

The Report of the Independent Expert on the Question of Human Rights and Extreme Poverty, Magdalena Sepulveda Carmona (A/HRC/14/31) focuses on contributory pensions or so-called social pensions. Non-contributory pensions can significantly reduce poverty and vulnerability among old people, in particular for women, who live longer and are less likely to benefit from contributory systems. The report provides recommendations on how to ensure that non-contributory pensions comply with core human rights standards.

Mission to Zambia (20-28 August 2009) (A/HRC/14/31/Add.1) details the information collected first-hand by the independent expert on the human rights situation of people living in extreme poverty and existing social policies, in particular those related to social protection. The expert paid special attention to cash transfer initiatives.

The Report of the Special Rapporteur on Violence Against Women, Its Causes and Consequences, Rashida Manjoo (A/HRC/14/22) focuses on the topic of reparations to women who have been subjected to violence in contexts of both peace and post-conflict, looks at conceptual challenges that prevail when placing the question of gender-sensitive reparations on the national and international agendas, analyzes procedural and substantive considerations emerging in reparations initiatives responding to violence in conflict, post-conflict and authoritarian settings, and examines reparations to women and girls in the contexts of “peace” or consolidated democracies, by looking first at discriminatory practices against certain groups of women, and second by highlighting recent landmark cases in the Inter-American Court of Human Rights and the European Court of Human Rights.

Communications to and from Governments (A/HRC/14/22/Add.1) contains, on a country by country basis, summaries of communications (allegation letters and urgent appeals) sent to Governments on individual cases and general situations of concern to her mandate. This report includes summaries of the communications sent from 1 March 2009 to 20 March 2010 (with respect to allegation letters), and from 3 April 2009 to 15 April 2010 (with respect to urgent appeals). The report also contains summaries of government replies received until 17 May 2010.

Mission to Kyrgyzstan (9-16 November 2009) (A/HRC/14/22/Add.2) examines the impact and challenges of transition on women and girls in Kyrgyzstan and includes a discussion of the most prevalent forms of violence encountered by women, and the factors aggravating their vulnerability to violence. An assessment of the response to violence against women by governmental and non-governmental actors is also provided.

Presentations by Special Procedures on Right to Health, Human Rights and Extreme Poverty, and Violence against Women

Anand Grover, Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, presenting his report, said since his last report, he had undertaken a number of activities to further develop the mandate, and raise awareness of the right to health globally. As well as undertaking country missions to Poland, Australia and Guatemala, he had participated in a number of consultations and conferences on the right to health. The present report focused on the criminalisation of consensual sexual behaviour, and its impact on the enjoyment of the right to health, specifically, criminalisation of same-sex conduct and sexual orientation, sex work, and HIV/AIDS transmission. The Special Rapporteur considered criminalisation of consensual, same-sex conduct between adults, along with criminalisation based upon sexual orientation or gender identity, to infringe upon the enjoyment of the right to health both directly and indirectly. Criminalisation of sex work and surrounding practices also created barriers to access healthcare services, facilities and goods, resulting in poor health outcomes and infringements of the right to health. Unfortunately, decriminalisation was only one necessary response to each of these issues, alongside other measures necessary as part of a comprehensive right to health approach.

In May 2009, the Special Rapporteur said he visited Poland, with a view to understand how the right to health had been implemented, including the measures taken for its successful realization and the obstacles encountered. The specific focus of the mission was on the right to sexual and reproductive health, HIV/AIDS and harm reduction, drug dependence treatments and relevant laws, policies and practices, and their impact on the enjoyment to the right to health. Rights to sexual and reproductive health remained an issue, particularly access to legal abortions, contraception and prenatal testing, and the role of non-State actors in impeding access to health services. In November 2009, the Special Rapporteur visited Australia to examine how the right had been implemented, focusing particularly on the status of indigenous health and detainee health, both in prisons and immigration detention. Although Australia had a strong national health system, which gave the majority of the population access to quality services, there was a major gap in service provision between "mainstream" Australia, and the indigenous population. The healthcare situation in detention centres was generally of a good standard, but more efforts had to be made. The previous Special Rapporteur had visited India, looking at maternal mortality in two States, and the rate of maternal mortality remained extremely high. The report identified a number of vital shortcomings. Until his next report to the Council, Mr. Grover said, he would continue his current programme of regional consultations in order to further disseminate the right to health, gain information from civil society groups, and popularise the mechanism for complaints.

MARIA MAGDALENA SEPULVEDA CARMONA, Independent Expert on the Question of Human Rights and Extreme Poverty, began by presenting her thematic report on extreme poverty and human rights, which focused on the rights of older people and access to social security measures, with specific attention given to social assistance. Extreme poverty amongst older persons was becoming a very serious issue, in part due to the decrease of fertility and the increase of life expectancies around the world. Older populations around the world were growing at the fastest rate in history and this significant demographic shift posed new problems for the future. All of this was exacerbated in the context of important socio-economic changes such as migration, rising urbanization, the effects of HIV/AIDS and the fact that traditional family structures were undergoing great changes. Older people had a higher probability of living in extreme poverty. The right to social security was a broadly recognized right that existed in a multitude of international human rights instruments, including the Universal Declaration on Human Rights, the Convention on Economic, Social and Cultural Rights as well as certain instruments of the International Labour Organization. Nevertheless, the right to social security was one that was systematically forgotten. Countries had sought to meet the right to social security by favouring contributory systems. However, actions needed to be taken to protect the 80 per cent of the world’s population who were excluded. States had to complement contributory pension programmes with non-contributory ones. Ms. Sepulveda Carmona concluded by stressing that old age poverty was not an inevitable fact. States had to take specific measures to ensure that the elderly were given an adequate standard of living.

With regard to her visit to Zambia in August 2010, the Independent Expert noted that the Zambian Government had taken important measures and was committed to alleviating poverty. Yet, the efforts made by the Government were insufficient to deal with the problem they faced. Zambia had to ensure that the poorest were no longer left behind. Investing in the protection of the poor was not a choice or an act of charity. It was a human rights obligation. Public policies were not effective unless developed in a participatory way and, as such, the Zambian Government had an obligation to continue working closely with civil society organizations. The report also addressed significant challenges to poverty alleviation in Zambia, including corruption, which was a serious obstacle affecting the poor in particular. Finally, the Independent Expert reiterated that the international community should show greater support for Zambia as it faced considerable financial constraints.

RASHIDA MANJOO, Special Rapporteur on Violence against Women, its Causes and Consequences, presented her first thematic report and said that, although a coherent theory and practice for remedies for victims of human rights violations did not yet exist in international law, there was increased recognition of the right of individuals to reparation for the violation of their human rights. The content of the obligation to provide those reparations remained far from clear, however. The little attention devoted to reparations for women who suffered violence contrasted with the fact that women were the target of both sex-specific and other forms of violence. Given the disparate and differentiated impact that violence had on women, there was a need for specific measures of redress in order to meet their specific needs and priorities. The report looked at conceptual challenges that prevailed when placing the question of gender-sensitive reparations on the national and international agenda, and analysed procedural and substantive considerations emerging in reparations initiatives responding to violence in conflict, post-conflict and authoritarian settings. The report also examined reparations to women and girls in contexts of “peace” or consolidated democracies, and examined substantive and procedural limits of ordinary judicial proceedings to achieve the full and comprehensive realization of women’s right to reparations. The report highlighted a fundamental aspect in the field of reparations that could not be underestimated – reparations could not just be about returning women to the situation in which they were found before the individual instance of violence, but instead should strive to have transformative potential. In this regard, complex schemes of reparations such as those that provided a variety of benefits, including guarantees of non-reparation, could better address the needs of female beneficiaries. Measures of symbolic recognition could also be crucial, as they added to both the recognition of victims and the dismantling of patriarchal understandings that gave meaning to the violations.

Speaking of her country visits, the Special Rapporteur recognized the important initiatives Kyrgyzstan had undertaken to raise the status of women, such as the adoption of national legislative and policy frameworks, which had the potential to provide comprehensive human rights protection for women and girls. While commendable, those initiatives still had to yield results to address root causes and consequences of violence against women. The Special Rapporteur urged Kyrgyzstan to strengthen the national women’s machinery, including by establishing an independent State body specifically responsible for women’s rights and gender equality. In El Salvador, the Special Rapporteur reviewed the progress made on the recommendations provided by her predecessor and assessed the current situation of violence against women and the State response to such violence. The report of this visit would be made available to Human Rights Council in 2011. In the forthcoming months, the Special Rapporteur would visit Algeria and the United States and had made requests for visits to several other countries. During the period under review, Ms. Manjoo said she had contributed to the second joint report by seven thematic special procedures on the situation in the Democratic Republic of the Congo, and said that its seriousness required that the Government and donors continued to address violence against women and provide assistance to survivors as a matter of priority. Finally, the Special Rapporteur informed the Council that her thematic priorities for the next two years would focus on the principal challenges identified through the 15-year review of the mandate, namely on multiple, intersecting and aggravated forms of discrimination, and on the implementation of due diligence obligation.


Statements by Concerned Countries

MIRANDA BROWN (Australia), speaking as a concerned country, said Australia welcomed the Special Rapporteur's interest in the implementation of the right to health, and looked forward to continuing the productive dialogue. Australia aimed to deliver high-quality health care across a population that was geographically and culturally diverse, and would give careful consideration to the recommendations made in the report concerning the health needs of particular groups. The Government recognized that despite their strengths, there were areas where the systems could be improved, and it was committed to a health reform process which would deliver better health outcomes for all Australians and better meet the needs of a growing and ageing population. Reversing the effects of the history of dispossession and removing the gap in life expectancy between indigenous and non-indigenous Australians had been and continued to be a significant commitment of the Government. The Government welcomed the Special Rapporteur's acknowledgement of the framework developed to ensure effective delivery of care to persons in immigration detention. The Special Rapporteur's recommendation to give priority to education in human rights was noted - human rights education was one of the key priority areas identified in Australia's recently-developed Human Rights Framework.

GOPINATHAN ACHAMKULANGARE (India), speaking as a concerned country, said that because of the vast size and complexity of India, the focus of the report conducted by the Special Rapporteur on the right to health was restricted to the maternal mortality situation in only two large states of India; Rajasthan and Maharashtra. However, the report also expressed some general views, concerns and recommendations that went beyond these two states. The Government of India was well aware that there was an acute shortage of human resources in the health sector and various initiatives had been taken to remedy the situation. This included a major effort to increase the number of medical colleges and institutions so as to increase the availability of specialists and doctors. While India was conscious of certain weaknesses in their system, it was not correct to suggest, as the Special Rapporteur’s report had done, that weak technical capacity for managing maternal health programmes was because the authority of general administrators had grown at the expense of technical management. India concluded by reaffirming that state governments were making major efforts to address the concerns of the Special Rapporteur and the Federal Government had also decided to make focused interventions in districts with weak health indicators.

BRANISLAV LYSAK (Poland), speaking as a concerned country, appreciated that the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health had taken into consideration numerous factual corrections presented by Poland. However, he did not mention the achievement of patent-oriented policies, including reproductive health. Poland had implemented challenging and deep economic and political reforms, with particular attention to reforms of the health care system and introduction of patient-oriented policies. Poland prioritized the systematic improvement of the quality and accessibility of medical services provided to all, with particular attention to children and pregnant women. Poland therefore regretted the fact the Special Rapporteur did not mention that during the last 20 years infant mortality rates in Poland had fallen by 71 per cent and the maternal mortality by more than 82 per cent. This figure contradicted the assumption of the report that the liberalization of abortion improved maternal health, while Polish experience showed that there was no simple correlation between the two. Poland reiterated that there was no universal right to abortion and the regulation of the issue was of the exclusive competence of States. Poland said that the core curriculum on sexual education was developed by prominent experts, experienced teachers and scientists. Poland said that any allegations concerning the impediment in access to contraceptives were misleading and did not reflect the real situation in Poland. Due to time limits it was not possible to clarify all examples of misleading information contained in the report, and suggested a more timely issuing of documentation for the Council sessions in order to facilitate preparations for interactive dialogue.

DARLINGTON MWAPE (Zambia), speaking as a concerned country, said Zambia was a country that had recently come out of the high debt level after qualifying for debt relief under the Highly Indebted Poor Countries Initiative. Zambia still faced a number of challenges in the provision of social services. However, the Government had embarked on certain measures to mitigate the lives of its people who lived in extreme poverty. The Government provided resources to vulnerable people aged 60 years and above, and also ran a number of old peoples' homes. The Government was aware that it had limitations in meeting all the needs of the communities countrywide, and as such provided grants and resources to faith-based and community-based organizations that looked after the aged. However, this was not an easy task for the Government, which had to also address other equally important national programmes, and the Government had solicited support from some cooperating partners. The Government had launched the National Communication Campaign Strategy on Gender-Based Violence, which was aimed at raising awareness of violence against women and children in order to promote their rights and ensure their protection, and encourage community participation in the protection of women and children. Zambia was committed to fulfilling its obligations in the protection and promotion of human rights, and attached great importance to the attainment of human rights for all its citizens.

SALTANAT TASHMATOVA (Kyrgyzstan), speaking as a concerned country, said that Kyrgyzstan took into account the concerns made by the Special Rapporteur on violence against women. However, some information used in the report was obsolete. Complaints submitted with regard to domestic violence had increased dramatically in the last two years and enhanced openness and transparency. Furthermore, the Ministry of the Interior had created a section for monitoring the police, which included involvement of civil society and non-governmental organizations. The report did not also take into account newer information about efforts made to tackle issues like domestic violence in past years. The number of temporary detention orders in 2008 and 2009 increased to over 100 a year and gender policy was taking a more important role in Government ministries. Police were being trained on gender violence issues and the Government had provided awareness campaigns for civilians with telephone numbers to file complaints. In addition, a National Gender Commission had been set up to address all issues of gender equality and violence against women. The delegation thanked the Special Rapporteur and hoped that they would continue a constructive relationship in the future for the protection of women.

Interactive Dialogue

YAKDHAN EL HABIB (African Union) thanked the Special Rapporteur on violence against women, its causes and consequences and said that combating violence against women and girls was a priority in Africa in both situations of peace and armed conflict. Traditional practices such as female genital mutilation and early marriages continued to hinder efforts in the continent. The African Union had created various frameworks and legal mechanisms to promote women’s human rights, primarily through is constitutional act and the African Charter of Human Rights. The multiplication of protection instruments at the regional level, coupled with those that existed at the international level did not lead to effective implementation of the obligation to reparation and information. The African Union said that reparation must be a part of a combat against root causes of violence. Regarding the right to health, the African Union said that it was among the most urgent fundamental rights on the African continent. The African Union and its members had already undertaken a number of initiatives, instruments and activities to ensure its implementation that was also one of Millennium Development Goals. The African Union found that the report had actually reduced the scale of this right, which in fact also included combating pandemics, maternal and infant health, access to medications, access to health care, and others. The African Union found the attention of the report on sexual orientation out of context and said that the conclusions presented a kind of mental gymnastics.

IRUTHISHAM ADAM (Maldives) said the Maldives fully recognized that tackling violence against women was a major challenge in the country, and for that reason it had repeatedly invited the mandate holder to undertake a mission to the country to help the authorities and civil society better address the problem; the Maldives took the opportunity to renew the invitation. The Maldives was determined to confront this problem through a combination of legal remedy and awareness raising/education. One or more bills on domestic violence were currently being finalised and would be shortly submitted to the People's Majlis. It was hoped that such legislation would help disseminate and codify the message that violence against women was totally unacceptable in all cases. The Special Rapporteur should comment on the importance of making domestic violence a criminal rather than civil offence in relevant legislation, and explain what other key elements should be included in domestic violence legislation in order to ensure that it effectively protected the rights of women.

NICOLE RECKINGER (European Union) said that the Special Rapporteur on the right to health impressively outlined the negative impact that the criminalization of same-sex conduct, sexual orientation and gender identity as well as sex work and HIV transmission could have on human rights and the right to health in many countries around the world. The European Union asked the Special Rapporteur to elaborate more on the “right to health approach” that would allow States to deal with such issues constructively and in full respect with human rights. With regard to Ms. Manjoo’s report on reparations to women who had been subjected to violence, the European Union appreciated the value she put on women’s role in shaping, implementing, monitoring and evaluating reparation programmes. Finally, the European Union thanked the Special Rapporteur for reminding the Human Rights Council that violence against women was as much a problem in what she called consolidated democracies as in countries that were in conflict or recovering from conflict.

JANET ROMAN ARREDONDO (Cuba) said Cuba congratulated the Independent Expert on extreme poverty for her interesting report and agreed with her that it was the obligation of States to establish appropriate measures to promote social protection for all persons in need, without any discrimination. Those programmes had a potential to significantly reduce poverty and vulnerability of persons in need, and particularly of widows. Social protection programmes must also provide coverage to other vulnerable groups such as handicapped persons. National legislation must include the provision for social protection in order to ensure its implementation and universal access without any discrimination. Since those programmes required technical capacity and considerable financial resources, they must be accompanied by political will and particularly increased international cooperation. Cuba agreed with the Independent Expert that many developed countries did not meet their commitment to provide 0.7 per cent of their gross domestic product to official development assistance, thus compromising the efforts to reduce poverty around the world. Cuba thanked the Special Rapporteur on violence against women, its causes and consequences, encouraged her to continue to address the priorities she had identified, and reiterated the full cooperation of Cuba. Cuba noted the problem of psychological violence and noted the case of two Cuban women who, for over ten years had not received the necessary visas by the United States to visit their illegally detained husbands.

MOHAMMED I. HAIDARA (Nigeria), speaking on behalf of the African Group, said the African Group had always supported the mandate of the Special Rapporteur on the right to health, which addressed issues of fundamental importance to Africa and indeed developing countries, and firmly supported the upholding of the principle of non-discrimination in access to health. The expectation had been for the Special Rapporteur to appreciate these priorities, but the report failed to address pressing challenges that were confronting developing countries. The report ignored even the most pressing issue of our time: the realisation of the Millennium Development Goals and Targets, particularly as it concerned matters of health. The report totally ignored the fact of the highly controversial nature of the issue of sexual orientation, and the African Group rejected the link between the criminalisation of sexual orientation, sexual work and HIV/AIDS transmission and the right to health. The African Group wished to state that the content of the current report had gone beyond the limits of the mandate. On the report on extreme poverty, the focus on non-contributory pensions, otherwise known as social pensions, was appreciated. That more than one billion people still subsisted on less than 1$ a day was indicative of the enormous challenges for the world, and the international system needed to provide assistance on the basis of long-term development plans developed by poor countries. On violence against women, the African Group appreciated that the report did not only lay emphasis on the causes and consequences of violence against women, but also stressed the need for immediate concrete steps by States to ensure justice and reparations to women who had been subject to violence. Regrettably, violence against women had remained one of the most prevalent crimes in most societies, and its consequences were devastating, as it cut across all facets of life and its pervasiveness had become an issue of global concern. It did not only violate women's rights but also diminished their dignity.

MUHAMMAD SAEED SARWAR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that a sustainable approach to achieving the right to health should consist of a coherent effort at national and international levels. While noting the general concern of sex workers about transmission of HIV, the Organization of the Islamic Conference felt that the Special Rapporteur had transgressed beyond his mandate and should avoid highly controversial issues in the future. Moreover, the unwarranted call to decriminalize sexual orientation showed a bias, particularly given that same-sex relations remained highly controversial. The Organization of the Islamic Conference would therefore continue to closely monitor the Special Rapporteur’s future work. With regard to the report on violence against women, the right to reparations was an important issue and the Organization of the Islamic Conference agreed with the Special Rapporteur that all human rights treaties used vague language with regard to providing reparation to victims. The Convention on the Elimination of Discrimination against Women, for example, was not explicit to the right to remedies and reparations for women victims of violence. Finally, while addressing the report on social security, the Organization of the Islamic Conference said that States had a duty to protect the elderly and their human rights. One problem affecting this issue was the notable decrease of co-residence of the elderly with their children.

HANNU HIMANEN (Finland) said Finland particularly appreciated the focus on the elderly in the report of the Independent Expert on human rights and extreme poverty. In its human rights policy, Finland took non-discrimination as the point of departure and said that its focus was on those groups and individuals who found themselves in particularly vulnerable circumstances. Discrimination was often based on multiple grounds, and old age and poverty were among them. The Independent Expert usefully pointed out the gendered nature of social protection policies which led to women receiving less of it than men, especially when it came to contributory pension systems. She noted that non-contributory pension systems were the only means by which universal coverage could be achieved and gender imbalances addressed. Finland asked if she could envisage any improvements in contributory systems that could address gender imbalances identified. Finland wanted to hear more about the mechanism that could be set up to facilitate the participation of the elderly in the design, implementation and monitoring of social pensions.

ZEHOR HASSAN MOHAMMED (Sudan), speaking on behalf of the Arab Group, said the report on extreme poverty deserved the attention of those responsible for social security. Her conclusions and recommendations on the importance of pension and social security schemes were also welcomed and supported. Arab countries had adopted necessary policies, although these differed from one to the other in view of the difference in economies and needs. The Arab Group wished to emphasise that the problems faced by developing countries went beyond their capacities, and the impact of the enormous challenges faced by the world, such as the food crisis, climate change, and others should not be disregarded, and urgent steps should be taken to settle economic imbalances and climate change which led to the erosion of poor countries capacities. International cooperation was required to effectively reduce poverty.

NAHIDA SOBHAN (Bangladesh) began by addressing the report on the right to health. Bangladesh regretted the Special Rapporteur had chosen an issue that was not universally recognized as a human rights issue. The Special Rapporteur had intended to identify a group as vulnerable that did not fall in the category of vulnerable groups. Bangladesh urged the Special Rapporteur to be more careful in future to avoid controversial areas in selecting his focus of work. Concerning this mandate, Bangladesh believed that more work needed to be done for the protection of the right to health of vulnerable groups like women, children, persons with disabilities, migrants and persons living with HIV/AIDS. With regard to the report on extreme poverty and the rights of the elderly, Bangladesh regretted that in many countries it was preferred to send them to old people homes to evade responsibility. Just as poverty was multidimensional, the battle against poverty also had to be waged on many fronts. Finally, Bangladesh thanked Ms. Sepulveda for her visit to Bangladesh last December and looked forward to working with her and continuing a fruitful dialogue in the future.

HEBA MOSTAFA RIZK (Egypt) said it was highly regrettable that the report presented by the Special Rapporteur on the right to health defeated the purpose of meaningful discussion. Not only had he stepped over his mandate, but he had gone as far as prescribing to sovereign Member States how to devise and enact their national laws and legislation. This was also done on issues that did not fall within the scope of internationally agreed human rights norms and principles. As much as Egypt used to value to work of the Special Rapporteur, it was sad to watch him risk Egypt’s support by singling out a certain group of individuals in a manner that was disrespectful of the larger constituency of the Council. Egypt took note of the report presented by the Special Rapporteur on violence against women, its causes and consequences. Egypt reiterated that reports of Special Procedures should be in conformity with internationally agreed human rights and principles so as not to jeopardise the effectiveness of the mandates and the support they had. Egypt welcomed the thematic focus on non-contributory pensions of the report presented by the Independent Expert on extreme poverty and human rights. Such a focus shed light on the needs of older persons, particularly women, who face the compounded factors of old age and extreme poverty, and Egypt agreed with the Independent Expert that this issue required urgent action.

ROBERT-JAN SIEBEN (Netherlands) said the Netherlands shared the view of the Special Rapporteur on the right to health that laws criminalising same-sex conduct, sex work, and HIV/AIDS transmission were counterproductive and incompatible with, among other things, the right to health. The Special Rapporteur was very clear in showing the negative consequences of criminalisation of same-sex conduct on access to health services, HIV/AIDS education, prevention and treatment efforts, and that criminalisation of sex work led to the stigmatisation and marginalisation of sex workers, police violence or abuse, exploitation and unsafe sex practices. Criminalisation of unintentional HIV/AIDS transmission drove those affected underground. The transmission of HIV/AIDS was obviously undeniable. Many people in developing societies could consider same-sex conduct and sex work objectionable, often based on moral grounds, and the Netherlands asked whether the Special Rapporteur could share his views on whether such moral grounds could ever justify criminalising same-sex conduct, sex work, or unintentional HIV/AIDS transmission, and thus denying the individuals affected the right to the highest attainable standard of health.

ALVARO ENRIQUE AYALA MELENDEZ (Colombia) said Colombia thanked the three Special Rapporteurs for their reports. With regard to the report on the right to health, Colombia agreed with all of the points and recommendations made by the Special Rapporteur and stated the urgent need to decriminalize sexual orientation. The Special Rapporteur made strong arguments for improving practices on preventable maternal mortality and highlighted the need to implement policies in this regard. States also had the duty to provide reparations and remedies to women and children who were victims of violence, especially sexual violence. Additionally, Colombia supported Canada’s initiative to combat violence against women by strengthening national institutions on this issue. The Colombian delegation expressed their appreciation for the work conducted by the Independent Expert on human rights and extreme poverty, whose report was very professional and constructive. Colombia ended by extending an invitation to the Special Rapporteur to visit the country as part of her mandate.


Concluding Remarks by Special Rapporteur on Right to Health

ANAND GROVER, Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, welcomed the debate on issues he raised in his report and said he firmly believed that his report was within his mandate. He firmly believed that the issue had practically impacted on access to health for everyone, and the accent in this statement was on “everyone”. It was important that all issues related to the right to health were brought to the attention of this Council and were not swept under the carpet. He asked the delegations to look at the report more dispassionately, and to look at it even through cultural lenses, but to give it the attention it deserved. The report also addressed other issues of vital importance, such as maternal mortality or HIV/ADIS, and he said that those two issues were intimately connected.

Mr. Grover thanked Australia and said that during country visits, what usually happened was that mandate-holders gave “a mirror” and said this was good and this was not, and Australia took the feedback to heart. As for India’s comments, the Special Rapporteur said that the initiatives were welcome and it was true that there was progress on maternal mortality indicators, but the figures that India submitted were unacceptable. To the Polish Government, the Special Rapporteur said that he never stated that liberalisation of abortion decreased maternal mortality. What was said in the report was that Poland had one of the most conservative abortion laws and that abortion was not available to all the women who needed it, such as in the case of a 14-years old girl who was raped. Poland did move a long way in sexual education, and on the issue of contraception the Special Rapporteur actually said that the rate of availability was the lowest in the European Union.

Interactive Dialogue

MATTHEW R. ANDRIS (United States) said with respect to poverty among the aged, the United States had long recognized the particularly vulnerable situation of the elderly, and had programmes in place, including an extensive social security programme, that were designed to alleviate many of those vulnerabilities. The United States strongly supported the principles of equality and non-discrimination in access to social security, as well as the principles of transparency, accountability, and access to information. With respect to the right to health, the United States strongly supported the call for all States to take immediate steps to decriminalise same-sex conduct, and condemned all violence against individuals on the basis of their sexual orientation and gender identity, whether committed by private individuals or Governments, but the United States could not endorse the call in the report for all States to repeal laws criminalising sex work and to establish appropriate regulatory frameworks to ensure safe working conditions. Women's rights were human rights, and the United States greatly appreciated the Special Rapporteur's efforts, asking for recommendations on the reform of existing judicial procedures to provide better access to redress for individual victims, and on the removal of discriminatory practices that created barriers to access. It was discrimination that often lay at the heart of such violence, and at the heart of so many human rights violations that affected women. It was also this discrimination, in the form of re-victimisation, stigma, and community ostracisation that would keep women from pursuing redress for the crimes committed against them. The international community needed to find a way forward to eliminate the problem at its root.

KGOMOTSO DAPHNE RAHLAGA (South Africa) said that South Africa attached great importance to the attainment of the right to health by all its citizens and its Constitution guaranteed the right to health in a non-discriminatory manner. The South African delegation would have preferred to have a reference in the report to the health-related Millennium Development Goals in light of the upcoming MDG Review Summit in September. Many developing countries continued to face the challenge of pandemics, chronic diseases, maternal mortality, infrastructure development and access to and affordability of medicine. While the report focused on the criminalization of acts based on sexual behaviour and orientation, it was worth highlighting that the right to health remained limited for other marginalized and vulnerable groups such as migrants, refugees, asylum seekers as well as ethnic minorities. The report should also have focused on these vulnerable groups and their right to health. Finally, concerning the report on extreme poverty, South Africa warned that HIV/AIDS could not be ignored when considering the situation of older persons living in poverty.

ROMAN KASHAEV (Russian Federation) said that the question of social pensions was very important and of interest to the Russian Federation. It was one of the most important factors in the prosperity and stability of the society. This year, there had been a major increase in pensions in the Russian Federation, and a new type of targeted social assistance was being introduced. The amount spent on pensions represented 10 per cent of the gross domestic product. At this stage, the Russian Federation was trying to introduce long-term measures to improve the economy and enhance human capital. Ensuring employment and the effectiveness of social programmes would be a major part of those efforts. In conclusion, the Russian Federation stressed that sustainable and harmonious development was possible only when the cornerstone of State policies was the well-being of all its citizens.

TARA MORTON (New Zealand) said combating violence against women was a priority both domestically and internationally for New Zealand. A problem faced was the under-reporting of domestic violence, as it was only through knowing the full extent of the problem that there would be a real chance of addressing the causes of violence against women. It was disappointing that a large number of States did not respond to the Special Rapporteur's requests for information, and they should consider responding as a matter of priority. Cooperation by States with the Human Rights Council's Special Procedures system was vital for the effectiveness of the system, and was an important means of meeting human rights objectives. It was important that women were involved in the formulation of policies and laws affecting all aspects of addressing violence against them. The Special Rapporteur should share her views on examples of best practices in the area of providing reparations for violence against women, and in particular where women themselves had been actively involved and had participated in the development of the reparations system.

MARIA NAZARETH FARANI AZEVEDO (Brazil) said that Brazil supported Special Rapporteur Anand Grover’s conclusions on the relationship between the right to health and the need to decriminalize consensual and adult same-sex conduct, sex work and HIV transmission. Criminalizing such conduct not only violated the human rights to privacy and non-discrimination, but also had negative impacts on public health. Moreover, Brazil recognized prostitution as a legitimate occupation and provided pension benefits to sex workers. However, the delegation strongly condemned child prostitution, trafficking in persons and sexual exploitation crimes. Brazil encouraged safe sex and co-responsibility between partners as a matter of public health. On the issue of violence against women, and the report on reparations for women victims, Brazil asserted that women’s rights were a priority for their country. The Special Secretariat for the Rights of Women, with ministerial status, was responsible for coordinating actions to promote women’s rights in Brazil. Finally, with regard to the issues raised by the Independent Expert on extreme poverty, Brazil confirmed the need to address non-contributory pensions as an essential element for progressively achieving the right to social security for all.


Concluding Remarks by Independent Expert on Human Rights and Extreme Poverty

MARIA MAGDALENA SEPULVEDA CARMENA, Independent Expert on Human Rights and Extreme Poverty, thanked Zambia for bringing up the issue of the NGO Act and said that the compulsory and mandatory process of registration and the approval by governments of the areas of the work were causes of grave concern. Turning to questions and comments related to social protection, the Special Rapporteur thanked those developing countries which had established those systems, regardless of the lack of domestic resources. Donor approach continued to be fragmented, continued to follow its national preferences and this would undermine the final efforts. Donors must work together too and apply the human rights framework. Donors overlooking some national actors, or giving preference to some over others, would cause negative impacts and endanger the acceptance of the programme on a national level. To the comments of the United States, the Special Rapporteur said that the right to social security was a universally accepted right, therefore the recommendations applied to all Member States of the United Nations. This right was also included in a number of conventions.


For use of information media; not an official record

HRC10/064E