A/68/297
53. As an aspect of international cooperation and assistance, States should respect,
protect and fulfil the right to health of people fleeing from conflict situations. The
burden of caring for populations displaced by conflict often falls on States that are
least equipped to bear it. 80 In this regard, other States should ensure that they
provide appropriate international assistance, including aid, to countries facing an
influx of persons displaced by conflict and measures to assist in their resettlement.
States should also ensure the availability and accessibility of quality health
facilities, goods and services and the underlying determinants of health to such
persons, whether or not they are nationals of the State. States should also refrain
from policies that violate the right to health such as mandatory detention or
deportation. 81
54. States also frequently impose economic sanctions in conflict to coerce parties
to the conflict, or to control the flow of resources to conflict-affected areas. 82 Such
sanctions may adversely impact on the right to health of civilian populations, not
only by restricting medical supplies, but also by increasing administrative delays for
essential goods and services, worsening poverty and reducing the resources
available for health, infrastructure and education systems. 83 To ensure the full
enjoyment of the right to health of people affected by conflict, medical supplies and
equipment, water, food and other essentials important for the health of the
population should never be placed under sanctions. Furthermore, all sanctions
should be monitored both before and after imposition for their effect on the right to
health, and should be transparent and responsive, regardless of their political
purpose. 84
B.
Non-State armed groups
55. The majority of contemporary conflicts are non-international armed conflicts
involving one or more non-State armed groups. 85 These non-State armed groups
may significantly affect the enjoyment of the right to health in conflict. One study
has found that non-State armed groups are as likely as State forces to attack or
interfere with health facilities, and nearly twice as likely to enter hospitals for
illegitimate purposes. 86
56. There is growing acceptance that non-State armed groups reaching a certain
level of organization and control should respect international humanitarian law and
human rights law. 87 Common article 3 of the Geneva Conventions of 1949 and
Additional Protocol II thereto both address parties to the conflict, which are
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UNHCR, Global Trends 2012 (Geneva, 2013), p. 2.
Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), paras. 43 (a)
and 54. On the effect of mandatory detention on the right to health, see, e.g., the report of the Special
Rapporteur on the right of everyone to the highest attainable standard of physical and mental health:
mission to Australia (A/HRC/14/20/Add.4), paras. 92 and 97.
Committee on Economic, Social and Cultural Rights, general comment No. 8 (1997), para. 2.
Ibid., paras. 3-6.
Ibid., paras. 12-13.
World Bank, World Development Report 2011, p. 52.
ICRC, A Sixteen-Country Study, pp. 8-10.
See Andrew Clapham, “Non-State actors”, in Daniel Moeckli and others (eds.), International
Human Rights Law, 2nd ed. (Oxford University Press, forthcoming).
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