A/70/213
years, there has been progress towards the development of a set of globally accepted
measurements and indicators on child development that could be used to monitor
progress as well as for planning purposes in different countries. 63 Progress on this
matter should be accelerated.
101. Certain “core obligations” are not subject to progressive realization and must
be implemented immediately. 64 Core obligations include: (a) elaboration of a
comprehensive national plan for the right to health, including development, in early
childhood; (b) non-discriminatory access to health and other relevant services;
(c) equitable distribution of health and other facilities for the right to health in early
childhood; and (d) access to a minimum “basket” of health-related services and
facilities (A/HRC/7/11, para. 52).
International cooperation and assistance
102. The right to health gives rise to an obligation of international cooperation and
assistance. 65 High-income States have a duty to provide cooperation and assistance
for the right to health in low-income countries. There is a particular obligation to
assist with respect to core obligations. Low-income countries also have an
obligation to seek appropriate cooperation and assistance.
103. As the global health agenda moves from a survival to a survival and
development agenda, the Special Rapporteur urges high -income States to support
low-income States in their endeavour to enhance the promotion and protection of
the right to health in early childhood, including its developmental dimensions.
Obligations of the State in relation to, and responsibilities of, third parties
104. States, as primary duty bearers under international human rights law, are under
a duty to protect the right to health by ensuring that the actions of third parties
contribute to and do not jeopardize it. 66 For example, States must support and assist,
to the maximum their extent of available resources, 67 parents and caregivers to care
for children and secure the living conditions necessary for their health and optimal
development; and protect child victims of violence and witnesses and investigate
and punish those responsible for its occurrence.
105. It is also the obligation of States “to adopt legislation or to take other measures
ensuring equal access to health care and health-related services provided by third
parties.” 68 In relation to early child development and survival, States should
introduce into domestic law, implement and enforce the International Code on
Marketing of Breast-milk Substitutes. 69
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64
65
66
67
68
69
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P. Engle and others, “Strategies for reducing inequalities”.
Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), paras. 43-45.
International Covenant on Economic, Social and Cultural Rights, art. 2.1; Convention on the
Rights of the Child, art. 4.
Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), para. 51.
Convention on the Rights of the Child, art. 4.
Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), para. 35.
Committee on the Rights of the Child, general Comment No. 15 (2013), para. 44.
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