A/62/214
32. The preceding paragraphs are simply preliminary points for discussion.
Much more work is needed to explore in detail the philosophical and practical
contribution of human rights to health priority-setting. As the health and
human rights movement matures, it is very important that it respond to this
challenge. Moreover, applying human rights to the prioritization process will
dispel some common misunderstandings about the right to the highest
attainable standard of health and help to establish the very extensive common
ground between public health, medicine and human rights.
III. Impact assessments and the right to the highest attainable
standard of health
33. Any modern policymaker, unless purely driven by ideology, will wish to
consider, in a balanced, objective and rational manner, the likely impact of a
proposed new policy, especially on those living in poverty. Moreover, before a State
introduces a new proposal, it must ensure that the initiative is consistent with its
existing national and international legal obligations, including those relating to
human rights.
34. In these circumstances, there is a growing demand for Governments to carry
out human rights impact assessments prior to adopting and implementing new
policies, programmes and projects. To date, however, relatively little work has been
done to develop methodologies and tools to help Governments undertake human
rights impact assessments.
35. In his initial report to the Commission on Human Rights in 2003, the Special
Rapporteur explained that he wished to examine impact assessments and the right to
health (E/CN.4/2003/58, paras. 82-85). In response, the Commission specifically
requested the Special Rapporteur to pursue his analysis of health impact
assessments. 8 Since then, he has looked at impact assessments in relation to trade
rules and policies. 9 While on country missions, he has also raised the issue of
impact assessments in appropriate cases. 10
36. In 2006, the Special Rapporteur co-authored, with Gillian MacNaughton, a
report on impact assessments, poverty and the right to the highest attainable
standard of health. 11 The United Nations Educational, Scientific and Cultural
Organization (UNESCO) funded the research. 12 The purpose of the project was to
contribute to the development of a human rights impact assessment methodology,
with a particular focus on the right to the highest attainable standard of health. The
report is over 60 pages in length and includes four detailed annexes. The present
section serves as a brief introduction to the full report.
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8
9
10
11
12
8
See Official Records of the Economic and Social Council, 2003, Supplement No. 3 (E/2003/23),
sect. II.A, resolution 2003/28, para. 16.
See E/CN.4/2004/49/Add.1, paras. 53-56.
See, for example, A/HRC/4/28/Add.2, paras. 122 and 123.
Paul Hunt and Gillian MacNaughton, Impact Assessments, Poverty and Human Rights: A Case
Study Using the Right to the Highest Attainable Standard of Health (UNESCO, 2006). The full
report is available from the website of Essex University, Human Rights Centre, Right to Health
Unit (www2.essex.ac.uk/human_rights_centre/rth/projects.shtm).
The Special Rapporteur is most grateful to UNESCO and Ms. MacNaughton.
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