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 __________________ 7 8 9 10 11 12 4/24 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. 13-42297

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