A/70/213 recognition of the detrimental effects of institutional care on the health and development of all young children and for the adoption of a common understanding that institutional care should not be accepted for children under 5 years of age. 74. The Special Rapporteur is also concerned about families and parents at risk and in vulnerable situations who are exposed to multiple forms of stress because of poverty, social exclusion and discrimination, including families who migrate, are internally displaced persons or refugees or belong to marginalized r acial or ethnic groups and parents who use drugs or have mental health problems. The solution is not to blame parents and take their children away from them. It is first the responsibility of States to address discrimination and provide adequate support services so that risks are eliminated and the basic rights and needs of children are protected within the family environment. 75. For instance, mental health issues or drug use are not in themselves indicators of bad parenting, but rather a signal of a potential situation of risk. Parents with mental health challenges or with drug dependency issues who have young children should have access to appropriate services, such as psychosocial interventions or harm reduction services that encourage the development o f healthy and nurturing relationships of parents with their children. Barriers to realizing the right to health of families at risk include the criminalization of parents who use drugs as well as policies that pursue the revocation of custodial rights of t hose with mental health issues. Criminalization and penalization drive families at risk, including parents who are drug dependent or have mental health problems, away from health and social services for fear of arrest and loss of their children. C. Equality and non-discrimination 76. Inequalities and discrimination obstruct equitable healthy development and educational attainment among young children from marginalized groups, including persons living in poverty, minority and indigenous groups, the girl child, persons with disabilities, persons in underserved areas such as rural populations, refugees, internally displaced children and children living in areas affected by conflict. Inequalities and discrimination ultimately contribute to health and othe r inequalities later in life and to the intergenerational transmission of disadvantage. 50 77. The twin fundamental human rights principles of equality and non-discrimination mean that States have legally binding human rights obligations to immediately address the healthy development of young children from marginalized groups so they can enjoy the right to health on the basis of equality. This obligation corresponds to the three pillars of the process of progressively achieving universal health coverage — expand priority services, include more people and reduce out-of-pocket payments — and must be addressed when providing services for young children and their families from disadvantaged groups. 51 The collection and analysis of disaggregated data are necessary to reveal which groups are disproportionately affected. 52 Outreach and other programmes are __________________ 50 51 52 15-12535 WHO and Commission on the Social Determinants of Health. WHO, Making Fair Choices on the Path to Universal Health Coverage: Final Report of the WHO Consultative Group on Equity and Universal Health Coverage (Geneva, 2014). Committee on the Rights of the Child, general comment No. 7 (2005), para. 36. 17/25

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