A/68/297 B. State obligations 13. As at other times, States have the obligation to respect, protect and fulfil the right to health in conflict. This includes situations where States occupy or otherwise exercise effective control over foreign territory, where the full spectrum of obligations under the right to health applies. 14 States also have other human rights obligations, including but not limited to the right to life and the obligation to refrain from torture and other forms of cruel, inhuman or degrading treatment or punishment. 14. The obligation to respect the right to health requires States to not interfere with the enjoyment of the right to health of people by refraining from discrimination. States should neither formulate policies nor act in ways which create barriers to the enjoyment of the right to health, such as obstructing access to health facilities, goods and services generally or to members of disfavoured groups. 15. The obligation to protect the right to health requires States to prevent interference by third parties. States should ensure that third parties such as health professionals do not violate the right to health by providing health care in a discriminatory manner. States in conflict may face unique challenges with respect to the obligation because of the presence of armed groups operating beyond the control of the State. In such cases, States should take concrete steps to provide protection for health-care workers and individuals seeking health-care services. States should also formulate policies on engaging with third parties, such as non-State armed groups, over their responsibility under human rights law or international humanitarian law, such as the obligation of States to make available health facilities, goods and services and the responsibility of non-State armed groups to refrain from preventing delivery of health care. 16. The obligation to fulfil the right to health by facilitating, providing and promoting conditions conducive to its enjoyment may also be difficult in conflict due to resource constraints or security reasons. States should, however, make available essential and minimum levels of health facilities, goods and services. For instance, States may be obliged to fulfil the right to health by making available ambulances during protests or riots. States may also fulfil the right to health by entering into ceasefire agreements with non-State armed groups to ensure delivery of health services such as immunization and vaccination programmes. States could provide information about traditional medicine and support its use by communities who may be unable to access institutional care due to conflict. In the absence of their own capacity, States should request assistance from other States, civil society and humanitarian organizations, especially to fulfil their core obligations. States should not obstruct humanitarian organizations and practitioners of traditional and community-based medicine from providing health-care services. __________________ 14 6/24 Legal Consequences of the Construction of a Wall, para. 112. 13-42297