A/68/297 within their professional duty of ensuring medical impartiality. 20 Such laws may deter health-care workers from providing services in conflict situations due to fear of prosecution, thus creating a chilling effect on health-care providers. 22. The fear of being reported to law enforcement agencies also prevents access to health facilities and services by patients. This is especially true of people wounded as a result of direct involvement in conflict. However, criminalization also has a chilling effect on people who are not involved in conflict, who may avoid seeking health services because they fear being suspected of involvement in the conflict. C. Physical barriers 23. Availability and accessibility of functioning hospitals and clinics are essential to the enjoyment of the right to health. States are under the obligation to ensure that health facilities are not harmed as a consequence of conflict. However, a number of physical barriers are deployed in times of conflict which severely affect access to health facilities and services. Obstacles such as forcible detours, arbitrary stops at checkpoints, 21 imposition of travel permits 22 and interrogation of patients result in worsening medical conditions of patients. Other measures such as blockades (S/2012/376, para. 11), long or indeterminate curfews and roadblocks also restrict movement of people and transport, thereby negatively effecting access to and delivery of essential health-care services in conflict-affected areas. 23 States have also prevented civilian groups from accessing medical goods, especially life-saving medicines and supplies by obstructing, restricting, limiting or diverting medical supplies. 24 24. Where restricting the right to health may be necessary, States should adopt the least restrictive alternative. States should ensure that the objective of such barriers is legitimate, and that the restrictions are proportionate to achieving the objective. For instance, States should ensure that movement restrictions for people in conflict areas are legitimate and essential, and provide exceptions for access to health facilities, goods and services which can be exercised with minimal delays. States should also take steps to enable passage of individuals in need of health services in insecure areas. 25. Persons who require continuous care have particular health needs which, if unaddressed, can increase unnecessary deaths during conflict. For example, treatment interruption and lack of availability of treatment may render people living with HIV, tuberculosis and cancer, more vulnerable to ill-health. The lack of availability of medication and psychosocial services can likewise prove especially __________________ 20 21 22 23 24 8/24 Ibid., p. 4. M. Rytter and others, “Effects of armed conflict on access to emergency health care in Palestinian West Bank: systematic collection of data in emergency departments”, British Medical Journal, vol. 332, No. 7550 (13 May 2006), p. 1123. WHO, “Right to health: barriers to health access in Palestine Territory, 2011 and 2012”, special report (Geneva, 2013), pp. 11-12. “Nepal: reproductive health and conflict”, Integrated Regional Information Network (IRIN), Humanitarian news and analysis, 26 April 2006. Available from www.irinnews.org/report/ 34255/nepal-reproductive-health-and-the-conflict. Report of the Secretary-General’s Internal Review Panel on United Nations Action on Sri Lanka, November 2012, p. 18. 13-42297