A/68/297
forced into silence and excluded from their communities. 75 The impact of sexual
violence on the mental health of survivors, as well as their family and community
may endure for generations. 76 Sexual violence also compromises the participation
of targeted communities in public health efforts long after conflict has ended.
50. Parties to conflict may also use health services as a strategy to target specific
communities. Parties may deliberately deny humanitarian aid and health services to
certain individuals or communities based on their ethnic, religious or political
affiliation. 77 Destruction of underlying determinants of health, such as by poisoning
wells and burning farmland, is another strategy that may deny affected communities
a life of dignity and well-being. 78 Such strategies may undermine the ability of
targeted groups to respond to serious health needs. 79 Groups thus targeted may be
unable to access nutritious food, hygiene or medical care, which may prevent them
from enjoying their right to health. They may also be excluded from participation in
democratic decision-making, including decisions on health services, which may
perpetuate health inequities in post-conflict settings.
V. Obligations of entities other than the primary State
51. The primary responsibility for realizing the right to health in conflict lies
with States who are involved in the conflict. However, other States and non-State
actors, including armed groups, international organizations and humanitarian
non-governmental organizations, also bear obligations towards the realization of the
right to health of affected populations.
A.
International obligations
52. According to the International Covenant on Economic, Social and Cultural
Rights, all States have an obligation to take steps, individually and through
international cooperation and assistance, towards the full realization of economic,
social and cultural rights, including the right to health. To comply with their
international obligations, States must respect the right to health of populations in
other countries, protect against violations by third parties where they are able to
influence those third parties through legal or political means, and facilitate access to
essential health services in other countries, depending on the availability of
resources. In particular, States have an obligation to provide humanitarian aid in
disasters and emergencies, including conflict and post-conflict situations.
__________________
75
76
77
78
79
13-42297
WHO, “Rape: how women, the community and the health sector respond” (Geneva, 2007).
Available from www.svri.org/rape.pdf, pp. 12-14; Nadera Shalhoub-Kevorkian, “Towards a
cultural definition of rape”, Women’s Studies International Forum, vol. 22, No. 2 (March/April
1999), pp. 165-166.
Colleen Kivlahan and others, “Rape as a weapon of war in modern conflicts”, British Medical
Journal, vol. 340, No. 3270 (June 2010), pp. 468-469.
MSF, “Syria: medicine as a weapon of persecution” (New York, 2012).
PHR, Darfur: Assault on Survival: A Call for Security, Justice and Restitution (Washington,
D.C., 2006), pp. 37-38.
Ibid.
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