A/68/297
human rights treaty bodies, 7 regional bodies such as the European Court of Human
Rights 8 and domestic courts. 9 The General Assembly, in its resolution 57/233, and
the Security Council, in its resolution 1181 (1998), have also condemned violations
of human rights in armed conflict.
5.
The concurrent application of both sets of laws in armed conflict enhances the
rights of affected populations. Additionally, human rights law ensures protection of
affected populations where the application of international humanitarian law is
disputed. Concurrent application is also helpful in situations directly concerning the
right to health, such as the effects of general insecurity on health and its underlying
determinants that may not be adequately captured under international humanitarian
law. Human rights law also contains more specific obligations regarding availability,
accessibility, acceptability and quality of health services than international
humanitarian law does.
6.
Both international humanitarian law and human rights law share the aim of
protecting all persons and are grounded in the principles of respect for the life, wellbeing and human dignity of the person. 10 They provide complementary and
mutually reinforcing protection. 11 The application of human rights law to conflict
would ensure greater protection of civilian population and additional accountability
mechanisms for States and remedies for affected population.
II. Conceptual framework
7.
The right to health in international law is, inter alia, contained in article 12 of
the International Covenant on Economic, Social and Cultural Rights. The right to
health framework is set forth in general comment No. 14 of the Committee on
Economic, Social and Cultural Rights, which interprets the right to health and
mandates States to respect, protect and fulfil the right to health of everyone,
including persons affected by and/or involved in conflicts.
8.
The right to health framework comprises a range of socioeconomic aspects,
termed as underlying determinants such as nutritious food, potable water, housing, a
functioning health system and situations of violence and conflict. Conflict has
negative repercussions on other underlying determinants, as it can result in a
breakdown in systems and infrastructures, including health systems. Conflicts can
also result in worsening public health conditions due to physical injuries, poor
mental health, an increase in malnutrition, particularly among children, and
outbreaks of communicable diseases. 12
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7
8
9
10
11
12
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See Sergio Euben López Burgos v. Uruguay, communication No. R.12/52, A/36/40, annex XIX;
para. 176; concluding observations of the Committee on Economic, Social and Cultural Rights:
Israel (E/C.12/1/Add.69), para. 19.
European Court of Human Rights, Loizidou v. Turkey, application No. 15318/89, judgement,
28 December 1996, para. 44.
Public Committee against Torture in Israel et al. v. Government of Israel and others, High Court
of Justice, case No. 769/02, 14 December 2006, para. 18.
Office of the High Commissioner of Human Rights (OHCHR), International Legal Protection of
Human Rights in Armed Conflict (New York and Geneva, 2011), p. 7.
Ibid., p. 1.
World Health Organization (WHO), “Briefing note on the potential impact of conflict in Iraq:
March 2003” (Geneva, 2003), p. 1.
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