WHO-OHCHR lunch time dialogue series. The optional protocol to the International Covenant on Economic, Social and Cultural

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1 NO DECEMBER 2009 In this issue: Human Rights Day 2009 Events Key Developments on the UN Human Rights agenda Capacity Building Regional Activities Tools Recent WHO Publications People Coming and Going For more information: World Health Organization Health and Human Rights Department of Ethics, Equity, Trade and Human Rights. humanrights@who.int Website: Health and Human Rights Newsletter On 10 December 1948, the UN General Assembly adopted the Universal Declaration of Human Rights, which has become a universal standard for the promotion and protection of human rights worldwide. This year on 10 December, the international community celebrates Human Rights Day to mark the 61st anniversary of the adoption of the Universal Declaration. The theme for this year s celebration is non-discrimination. The prohibition against discrimination is a fundamental principle of international human rights law. The WHO Constitution (1946) is the first international instrument to recognize the enjoyment of the highest attainable standard of health as a fundamental right of every human being without distinction of race, religion, political belief, and economic or social condition. Subsequently, everyone s right to health on a non-discriminatory basis has been recognized by a number of human rights treaties. With this first newsletter WHO celebrates Human Rights Day by highlighting key developments, over the past year, relating to Health and Human Rights. WHO-OHCHR lunch time dialogue series In February 2009, the WHO Director-General and the UN High Commissioner for Human Rights agreed that WHO and the Office of the High Commissioner for Human Rights (OHCHR) should identify a few areas of technical and institutional cooperation between the two organizations. As a follow-up, on September 7 and November 26, 2009, high-level officials from both WHO and OHCHR, engaged in discussions towards developing a shared understanding about the linkages between health and human rights and in particular about how to advance the right to health. The optional protocol to the International Covenant on Economic, Social and Cultural Rights. The International Covenant on Economic, Social and Cultural Rights (ICESCR) is widely considered as the central instrument of protection for the right to health. To date it has been ratified by 160 States Parties. On December 10, 2008, the General Assembly unanimously adopted an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). This will enable individuals whose rights have been violated to submit complaints. Up to now, 30 countries have signed. It will enter into force when it is ratified by 10 States. Human Rights Day 2009 Events Key Developments on the UN Human Rights Agenda The lack of a complaints mechanism to the ICESCR contributed to relegating economic, social and cultural rights to a second-class status of rights for a long time. This was clearly against the principle of indivisibility, interdependence and the equal value of all human rights, as enshrined in the Universal Declaration of Human Rights. The adoption of an OP- ICESCR will help to change such perceptions and realign economic, social and cultural rights on an equal footing with civil and political rights. For WHO, it is interesting to note that the Committee of the ICESCR, which examines the complaints, has been given the mandate to consult specialized agencies, such as WHO, as well as recommend technical advice or assistance to support States Parties in achieving progress in implementation of the right to health. 1

2 Key Resolutions adopted by the UN Human Rights Council (HRC) The UN Human Rights Council adopted a resolution on June 17, 2009 that recognizes preventable maternal mortality and morbidity as a human rights issue. Over 70 UN member states co-sponsored this resolution, led by Colombia and New Zealand. By signing on to the resolution, governments recognize that the elimination of maternal mortality and morbidity requires the effective promotion and protection of women and girls human rights, including their rights to life; to be equal in dignity; to education; to be free to seek, receive, and impart information; to enjoy the benefits of scientific progress; to freedom from discrimination; and to enjoy the highest attainable standard of physical and mental health, including sexual and reproductive health. Furthermore, the resolution stresses that a human rightsbased approach makes efforts against maternal mortality and morbidity more effective and sustainable. WHO is in the process of providing input to the study commissioned by the Office of the High Commissioner for Human Rights to examine the human rights dimensions of preventable maternal mortality and morbidity, and how the Council can contribute to addressing this problem. Other health-related resolutions adopted this year include access to medicines, toxic waste and the protection of human rights in the context of HIV and AIDS. WHO at the special session of the HRC WHO participated as a panellist at the tenth Special Session of the UN Human Rights Council on the Impact of the Global Economic Crisis and Financial Crises on the Universal Realization and Effective Enjoyment of Human Rights, February 20 and 23, 2009, drawing attention to the challenge this crisis poses to health. For more information: WHO%20Statement_20Human_Rights_ Commission%2020Feb.pdf Work of the UN Special Rapporteur on the Right to Health Mr Anand Grover, a practicing lawyer in the Bombay High Court and the Supreme Court of India, took up his functions as UN Special Rapporteur on 1 August Mr Anand Grover, United Nations Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, met the Director-General, Dr Margaret Chan, on June 6, Mr Grover recognized the constructive and fruitful collaboration in the past between WHO and his predecessor, Mr Paul Hunt, since the mandate was established in He looked forward to continued collaboration with WHO. The Director-General assured Mr Grover that WHO will continue to support his mandate. Mr Grover conducted a mission to Poland May 5-11, 2009, focusing on access to health care and underlying determinants of health, sexual and reproductive health rights and harm reduction policies. November 23 - December 4, 2009 Mr Grover s mission to Australia focused on indigenous health and access to healthcare in detention establishments, including those for asylum-seekers, refugees and prisoners. In addition to these country missions, Mr Grover issued thematic reports, one on access to medicines and intellectual property rights and the other on informed consent. For more information: org/english/issues/health/right/ 2

3 Capacity Building Bahrain The Kingdom of Bahrain in collaboration with UNDP and WHO held a training on health and human rights May 13-14, 2009 which aimed to familiarize participants with the meaning of a Human Rights-Based Approach to Health and the practical methodologies for its application. The training was attended by approximately 100 senior level officials from the Ministry of Health, other government entities and civil society organizations. Organizing committee of training Bahrain with Yehenew Walilegne (far left) and Annelie Rostedt (far right) of the HHR team in WHO HQ. Workshop Iraq, with Farah Elzubi HR &Gender officer (far left back), Juana Sotomayor OHCHR focal point on Right to Health (far left front), Naeema Al-Gasseer-WR Iraq (middle in front) and Helena Nygren Krug - Human Rights Adviser WHO (at the back). African Region A workshop, organized by WHO and InWEnt Capacity Building, Germany, was held in Dar es Salaam, Tanzania on April 22-23, 2009 for alumni from the African Region of the E-learning course on Health and Human Rights. The workshop was aimed to: Share and consolidate experiences gained so far in African countries of how human rights have been operationalized in health programmes Consider and discuss existing tools and methodologies on how to integrate human rights in the design, implementation, monitoring and evaluation of health policies, strategies and programmes Identify future challenges and opportunities to build and strengthen capacity on human rights-based health programming in the African Region. Iraq WHO-Iraq, in collaboration with the Ministry of Health and the Ministry of Human Rights of Iraq, organized a Workshop on Health and Human Rights in Amman, Jordan, November 16-19, The UN Office of the High Commissioner for Human Rights also collaborated in conducting the Workshop. Representativers from different governments, ministries (health, human rights, women s affairs, planning, education) attended along with parliamentarians and NGOs. The Workshop raised knowledge and awareness of health and human rights in relation to the challenges facing Iraq and concluded with concrete recommendations for future actions. The course was attended by 34 participants, representing a broad range of alumni from ministries of health, national human rights institutions, development agencies, civil society, WHO and other UN agencies. Workshop Tanzania with Yehenew Walilegne (top far right) and Helena Nygren-Krug (middle row, second from right) 3

4 At the Workshop in Tanzania, alumni presented examples of operationalizing a Human Rights Based Approach in health. Sensitisation, education and advocacy: a three dimensional approach to empower rights-holders to claim their rights and hold government accountable. Mr Mbuagbaw Esongmbi, from the Ministry of Justice in Cameroon, presented an initiative from Cameroon on Sensitisation, education and advocacy: a three dimensional approach to empower rights-holders to claim their rights and hold government accountable. Prevalent societal factors such as discrimination, stigmatization and corruption often negatively affect individuals' ability to claim their right to health. An advertising campaign using various elements of the popular media and a tool to address capacity gaps was presented to reduce human rights violations by increasing awareness of human rights and the right to health. For the 4th year, WHO is running an E- learning course with InWEnt. The 5 module course on Health and Human Rights started on 2 November This online training intends to generate increased clarity and understanding about the important synergy between health and human rights. It is developed with a broad target audience in mind comprising public health and human rights practitioners, WHO staff and other UN agencies, government officials, NGOs, students etc. For further information see: news/2009_2010_course_announcement.pdf "Enhancing the Accountability of Duty-bearers to Respect, Protect, and Fulfil the Right to Health: A Case Study of ARV Medication in Western Bahr el Ghazal State" Mr Emmanuel Kamonyo, from UNDP, presented an example on "Enhancing the Accountability of Duty-bearers to Respect, Protect, and Fulfil the Right to Health: A Case Study of ARV Medication in Western Bahr el Ghazal State". This explored the lack of availability and accessibility of ARV drugs in the Western Bahr el Ghazal State of Southern Sudan, where many health centers do not have ARV drugs, and the ones that do have them are few and far between. This raises the issue of whether the lack of available ARV treatment constitutes a violation of the Interim Constitution of Southern Sudan. The report suggests actions to assist the Sudanese government in fulfilling health and human rights standards, and close collaboration with the Southern Sudan Human Rights Commission and local civil society organizations. Workshop Tanzania International Diploma on Mental Health Law and Human Rights The International Diploma on Mental Health Law and Human Rights entered its second year in October The Diploma, which was launched in 2008, is a collaboration between WHO and the ILS Law College in Pune, India. The course builds the capacity of students to advocate for human rights and to influence national legislative and policy reform in line with the UN Convention of the Rights of Persons with Disabilities and other key human rights standards. Students and the expert faculty comprise service users, government officials, health professionals, lawyers and human rights defenders. For more information visit whatsnew/en/index.html 4

5 Regional Activities Activities AMRO PAHO In 2009 PAHO s project on human rights and health conducted capacity training workshops specially designed for public health personnel and other governmental officials in the context of the right to health and other related human rights of older persons (Brasil, Chile and Mexico); persons with mental disabilities (Argentina and Jamaica); persons living with HIV with emphasis on LGTB young people (Guatemala and Honduras); sexual and reproductive health of indigenous women (Peru) and organizations of patients (Argentina and Mexico). Recent resolutions and technical documents with a human rights based approach discussed and approved by the Member States include plans of action on: healthy ageing; young people s health; gender equality; and mental health PAHO is currently collaborating with Member States in the reform of national policies, plans and laws using the human rights norms and standards ratified by Governments. PAHO continues to collaborate with the regional human rights bodies such as the Inter-American Commission on Human Rights. Recently PAHO presented technical information and participated in specific hearings to discuss the right to health and other related human rights in the context of malnutrition and HIV. Further, PAHO has been empowering and training organizations of civil society with the UN and OAS human rights instruments in Argentina, Chile, Brazil, Venezuela, Panama, Guatemala and El Salvador. Tools New project to develop guidance on national public health laws In collaboration with WHO, the International Development Law Organization (IDLO), the O Neill Institute for National and Global Health Law at Georgetown University and the World Bank, a project has been initiated to develop guidelines for countries on how to develop national public health laws. This project was initiated at a workshop in Rome, Italy, April 26-28, 2009, hosted by IDLO. The consultation was co-sponsored by WHO and by the O Neill Institute. Twenty-two experts in public health law attended the consultation, from a wide range of countries and development agencies. Workshop Rome, (from l to r) Lawrence Gostin (O Neill Institute), Helena Nygren-Krug (WHO) and David Patterson (IDLO). Tool on Human Rights and Gender Equality in Health Sector Strategies WHO (the Department of Ethics, Equity, Trade and Human Rights and the Department of Gender, Women and Health), the UN Office of the High Commissioner for Human Rights (OHCHR), and the Swedish International Development Cooperation Agency (Sida) have developed an analytical tool on Human Rights and Gender Equality in Health Sector Strategies. If human rights and gender equality commitments are to be effectively implemented, they need to be consistently and systematically addressed in legislation, national plans, institutional framework and sectoral strategies. The tool aims to support health policy-makers/planners and development partners in understanding the practical implications of incorporating a human rights-based approach and gender mainstreaming in the design of health sector strategies. During the process of tool development, , there have been three formal peer reviews involving a broad range of partners in several departments, offices and countries. Consultations and field tests have also taken place in Uganda, Zambia and Yemen. The tool will be available for use in countries in the beginning of next year. For more information see: 5

6 The Obalanga Human Rights And Health Care Association in Amuria district (Uganda) is a rare example of a grass root organization advocating for health rights. RIIKKA RANTALA Riikka Rantala joined SEARO as Health and Human Rights officer in June Riikka is a Junior Professional Officer from Finland, and she will continue Riikka Rantala the work initiated by her predecessor Mr Samuli Seppanen. SEARO already has a sound programme foundation for HHR, with several initiatives for instance in environmental health and maternal and neonatal health areas. Riikka will further try to strengthen the HHR network with the country offices, support the HHR activities that the countries want to pursue in the coming biennium, and hopefully strengthen the HHR work in the region by creating a regional strategy and guidelines for HHR mainstreaming. FAUSTINE MAISO People Coming and Going MITRA MOTLAGH Dr Faustine Maiso is a Ugandan Medical Doctor and on a 12 months contract with WHO Uganda as a HHR Officer since June He previously worked with the Uganda Human Rights Commission (UHRC) to establish the Right to Health Unit with a focus on Neglected Tropical Diseases. There is a strong partnership established between UHRC, OHCHR, the Ministry of Faustine Maiso Health and WHO. This is supporting activities and information sharing. Steps have been initiated to incorporate HHR education into the curricula of health training institutions. In the next 6 months focus will be on capacity building for health professionals to implement the right to health. Recent WHO Publications Factsheet Uganda Together with the Ministry of Health of Uganda, the WHO Country Office issued a fact sheet on Health and Human Rights in Uganda this year. The fact sheet provides an overview of Uganda's commitment to the right to health, the integration of human rights in health policies and plans, and capacity building efforts at national level. promoting a human rights-based approach to health. WHO will continue working with the Ministry of Health and other stakeholders to ensure attention to human rights in the design and implementation of health policies and programmes. Mitra Motlagh has worked for WHO on health and human rights for the past four years. She has spent three years as JPO at the Mozambique country office where she mainly provided technical assistance to various Ministries and to the Parliament on human rights issues, facilitated partnership with the UN Special Procedures and implemented various activities to raise awareness on the right to health. After three years in Africa she joined WHO WPRO for a year. She is now starting a new ass i g n m e n t w i t h UNDP as human rights specialist for the Regional Bureau for Arab States. Mitra Motlagh RUEDIGER KRECH ANNELIE ROSTEDT Annelie Rostedt has worked w i t h W H O since 2005, first with the WHO Country Office in Uganda, and subsequently Annelie Rostedt with the Health and Human Rights Team at WHO/ HQ. In Uganda, Annelie supported awareness raising and capacity development on health and human rights in collaboration with the Ministry of Health, the Uganda Human Rights Commission, civil society organizations and OHCHR. At HQ, Annelie has contributed to several key activities, including the development of a tool for human rights and gender equality analysis of national health sector strategies. In January, Annelie will take up a new assignment as Special Assistant to the UN Resident Coordinator in Zambia. Dr Ruediger Krech has studied educational sciences, medicine and public health and holds a doctoral degree in public health. He was previously the Director for social security in India at the German Technical Cooperation (GTZ) and speaker of GTZ s projects and programmes in the area of health and social protection in Asia and Central and Eastern Europe. He has been in charge of GTZ s social protection work from 2003 to Before joining GTZ, he has held various management positions at the World Health Organization (WHO) in the fields of health systems, health policies, health promotion and ageing. He re-joined WHO as the Director for Ethics, Equity, Trade and Human Rights as of October 1,