A/68/297 53. As an aspect of international cooperation and assistance, States should respect, protect and fulfil the right to health of people fleeing from conflict situations. The burden of caring for populations displaced by conflict often falls on States that are least equipped to bear it. 80 In this regard, other States should ensure that they provide appropriate international assistance, including aid, to countries facing an influx of persons displaced by conflict and measures to assist in their resettlement. States should also ensure the availability and accessibility of quality health facilities, goods and services and the underlying determinants of health to such persons, whether or not they are nationals of the State. States should also refrain from policies that violate the right to health such as mandatory detention or deportation. 81 54. States also frequently impose economic sanctions in conflict to coerce parties to the conflict, or to control the flow of resources to conflict-affected areas. 82 Such sanctions may adversely impact on the right to health of civilian populations, not only by restricting medical supplies, but also by increasing administrative delays for essential goods and services, worsening poverty and reducing the resources available for health, infrastructure and education systems. 83 To ensure the full enjoyment of the right to health of people affected by conflict, medical supplies and equipment, water, food and other essentials important for the health of the population should never be placed under sanctions. Furthermore, all sanctions should be monitored both before and after imposition for their effect on the right to health, and should be transparent and responsive, regardless of their political purpose. 84 B. Non-State armed groups 55. The majority of contemporary conflicts are non-international armed conflicts involving one or more non-State armed groups. 85 These non-State armed groups may significantly affect the enjoyment of the right to health in conflict. One study has found that non-State armed groups are as likely as State forces to attack or interfere with health facilities, and nearly twice as likely to enter hospitals for illegitimate purposes. 86 56. There is growing acceptance that non-State armed groups reaching a certain level of organization and control should respect international humanitarian law and human rights law. 87 Common article 3 of the Geneva Conventions of 1949 and Additional Protocol II thereto both address parties to the conflict, which are __________________ 80 81 82 83 84 85 86 87 18/24 UNHCR, Global Trends 2012 (Geneva, 2013), p. 2. Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), paras. 43 (a) and 54. On the effect of mandatory detention on the right to health, see, e.g., the report of the Special Rapporteur on the right of everyone to the highest attainable standard of physical and mental health: mission to Australia (A/HRC/14/20/Add.4), paras. 92 and 97. Committee on Economic, Social and Cultural Rights, general comment No. 8 (1997), para. 2. Ibid., paras. 3-6. Ibid., paras. 12-13. World Bank, World Development Report 2011, p. 52. ICRC, A Sixteen-Country Study, pp. 8-10. See Andrew Clapham, “Non-State actors”, in Daniel Moeckli and others (eds.), International Human Rights Law, 2nd ed. (Oxford University Press, forthcoming). 13-42297

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