A/68/297
VII. Conclusion and recommendations
68. A right to health approach to conflict situations obliges States to take
continuous and concrete steps towards the realization of the right to health of
persons affected by conflict, including those who are actively involved in
conflict. The Special Rapporteur recommends that States enact and implement
laws and policies which respect, protect and fulfil the right to health of affected
populations, especially vulnerable groups, prior to, during and after conflict.
69. The Special Rapporteur emphasizes that the effective participation of
affected communities, especially vulnerable groups, is essential to the right to
health framework. Affected communities should, at all times, be involved in the
formulation, implementation and monitoring of decisions and agreements that
affect their right to health, including policies regarding conflict situations and
post-conflict situations.
70.
The Special Rapporteur urges States involved in conflict situations:
(a) To make resources available, including through humanitarian
assistance, to fulfil their obligations under the right to health. States should
fulfil their non-derogable core obligations under the right to health at all times;
(b) To ensure the availability, accessibility and acceptability of quality
health facilities, goods and services to all people involved in and/or affected by
conflict, without discrimination. Particular attention should be given to
vulnerable groups;
(c) To avoid formulating laws and policies which criminalize provision
of health services by health professionals to people involved in conflict, or
repeal them where they exist. States should also refrain from interfering with
the duty of health professionals to provide services in an impartial manner;
(d) To refrain from obstructing, restricting or limiting access to health
facilities, goods and services. In cases where such barriers become necessary,
restrictions should be proportionate to the objective sought and should follow
the least restrictive alternative;
(e) To abstain from attacking health facilities, goods, services and
workers, especially as a conflict strategy, including in areas controlled by
armed groups. States should also take measures to protect health facilities,
goods, services and workers from attacks by non-State armed groups;
(f)
To forgo militarizing health facilities, goods and services;
(g) To engage with non-State armed groups, through voluntary
agreements, to facilitate access to health facilities, goods and services;
(h) To ensure effective monitoring of violations of the right to health
during conflict by making information available and accessible to independent
monitoring groups, including community-based monitoring groups.
71.
The Special Rapporteur urges States recovering from conflict:
(a) To formulate and implement plans for the reconstruction of
infrastructure and delivery of underlying determinants, with particular
attention to the needs of vulnerable groups. States should formulate laws to
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