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detrimental to mental health patients, some of whom may require continuous
treatment. 25
D.
Attacks on health facilities and health-care workers
26. Destruction of health infrastructure by States, or failure to protect against such
destruction by third parties, impairs the availability and accessibility of quality
health facilities, goods and services. Intentional targeting of health facilities also
constitutes a violation of the principle of distinction under international
humanitarian law, which obliges parties to the conflict to refrain from attacking
medical personnel, units, material and transports unless they are used to commit
hostile acts outside their medical and humanitarian functions. Acts that do not
involve specific targeting of health facilities may also violate the right to health
where the acts increase the risk of damage to the facility or decrease patient access
to it, such as by locating military outposts or weapons in the vicinity of a clinic.
27. Health-care workers are essential for ensuring availability of health-care
services. States therefore have an immediate and continuous obligation to provide
health-care workers and humanitarian organizations with adequate protection during
periods of conflict.
28. Attacks on health workers including assaults, intimidation, threats, kidnapping,
and killings, as well as arrests and prosecutions, are increasingly used as a strategy
in conflict situations. 26 Conflict-affected areas have recorded disruption in supply
chains, looting of health facilities, demanding of confidential information about
patients, intentional and recurrent shelling and bombardment of clinics and
hospitals, and shooting at ambulances carrying patients to target civilians and
health-care workers as a military strategy. 27 In countries with poor health
infrastructure, as may be the case with most conflict-affected regions, destruction of
even a single hospital or attacks on already scarce health-care workers can have a
devastating impact on the availability and accessibility of health services and
therefore on public health. 28 Furthermore, health-care workers may condemn the
actions of security forces or may not cooperate in providing information about
patients where laws may violate fundamental human rights. Such health-care
workers may frequently be harassed, relocated, tortured, arrested and sentenced. 29
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25
26
27
28
29
13-42297
Bayard Roberts and others, “Post-conflict mental health needs: a cross-sectional survey of
trauma, depression and associated factors in Juba, Southern Sudan”, BMC Psychiatry, vol. 9,
No. 7 (2009), pp. 7-8. Available from www.biomedcentral.com/content/pdf/1471-244X-9-7.pdf.
Saúl Franco and others, “The effects of armed conflict on the life and health in Colombia”,
Ciência & Saúde Coletiva, vol. 11, No. 2 (June 2006), p. 357; John M. Quinn and others, “Iraqi
physician brain drain in prolonged conflict”, The New Iraqi Journal of Medicine, vol. 7, No. 1
(April 2011) pp. 91-92; Leonard S. Rubenstein and Melanie D. Bittle, “Responsibility for
protection of medical workers and facilities in armed conflict”, Lancet, vol. 375, No. 9711
(23 January 2010), p. 332.
Human Rights Watch, “Sri Lanka: repeated shelling of hospitals evidence of war crimes”, 8 May
2009. Available from www.hrw.org/news/2009/05/08/sri-lanka-repeated-shelling-hospitalsevidence-war-crimes.
ICRC, “Health care in danger: a sixteen-country study” (Geneva, July 2011), p. 3. Available
online in English only from www.icrc.org.
PHR, “Under the gun”, p. 6; Médecins Sans Frontières (MSF), “Syria two years on: the failure
of international aid”, special report (New York, 6 March 2013). Available from
www.doctorswithoutborders.org/publications/article.cfm?id=6669.
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