A/63/263
54. The Special Rapporteur has also begun to explore a related problem. The
obligations under international law concerning the right to health are subject to
maximum available resources. While some of the Special Rapporteur’s reports
have begun to explore this important and difficult issue, it certainly demands
more attention. Of course, all international economic, social and cultural rights
are subject to maximum available resources. It would be very helpful if a
meeting of experts, including economists, provided guidance on what this
phrase means. This would encourage a consistent interpretation and help other
Special Rapporteurs as they apply this concept in their respective mandates.
55. Some of the Special Rapporteur’s reports have begun to explore the
critical issue of participation and the right to the highest attainable standard of
health. This, too, however, demands more attention. 9
56. Of course, all such analytical, methodological and conceptual issues are
only means to an end. The real goal is implementation of the right to the
highest attainable standard of health. In this respect, the Special Rapporteur
hopes that his numerous country reports will be of assistance.
Health workers, implementation and mainstreaming
57. The classic, long-established health professions can benefit from the
newer, dynamic discipline of human rights. But this is a two-way street. The
right to the highest attainable standard of health cannot be realized without the
interventions and insights of health workers; it cannot be realized without the
expertise of those working in medicine and public health. 10 It is imperative that
more health workers engage with human rights (see A/HRC/4/28). Also, more
human rights workers must be willing to learn about health.
58. As the Special Rapporteur has prepared his reports, he has listened to
health experts and sought to integrate their professional advice and right-tohealth considerations. His report on neglected diseases in Uganda, for example,
is a blend of health and human rights. It sets out, in some detail, a right-tohealth approach to neglected diseases. His pending report on maternal
mortality in India will be equally operational. The result of extensive
consultations with health workers, his recent report on strengthening health
systems integrates health and human rights considerations (A/HRC/7/11).
59. The General Assembly and Human Rights Council, as a large assembly
consisting mainly of diplomats and lawyers, may not always be the most
effective forum to discuss the right to the highest attainable standard of health.
In these circumstances, the Special Rapporteur recommends that the mandate’s
reports should be considered not only by the General Assembly and the Human
Rights Council, but also the World Health Assembly and WHO Executive
Board.
60. Over the last six years, the Special Rapporteur has enjoyed excellent
cooperation with a number of WHO staff members on a range of policy and
operational issues, for which he is extremely grateful. However, to the best of
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9
10
08-45647
Later this year, the University of Essex will publish a monograph on participation and the right
to health.
Health workers include all those developing, managing, delivering, monitoring and evaluating
preventive, curative and rehabilitative health in the private and public health sectors, including
traditional healers.
13