PWESCR at the 10^th International Women’s Health Meet, New Delhi

(21^st to 25^thSept, 2005)

 

PWESCR (Programme on Women’s Economic, Social and Cultural Rights) organized a workshop with the UN Special Rapporteur on Right to Health, Paul Hunt, at the 10^th International Women’s Health Meet on 24^th September, 2005. The workshop focused on how to use the UN Mechanisms to promote women’s right to health. Paul Hunt, a New Zealand national, was appointed Special Rapporteur in August 2002 for a period of three years. He is a Professor of Law at the University of Essex, England.

 

Here is a summary of the workshop conducted by Paul Hunt and the Q&A session that followed:

 

The Commission on Human Rights in the United Nations (UN), in 2002 decided to appoint a Special Rapporteur to focus on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (‘the right to health’). A Special Rapporteur is an independent expert appointed to monitor, examine and report on either a particular human rights issue or the human rights situation in a particular country or territory.

 

The mandate of the UN Special Rapporteur on the right to health as set out in the Commission on Human Rights resolutions requests the Rapporteur to:

 

• gather, request, receive and exchange information related to the right to health from all relevant sources, including governments, intergovernmental organizations and non-governmental organizations;

 

• develop a regular dialogue and discuss possible areas of cooperation with all relevant actors, including governments, relevant United Nations bodies, specialized agencies and programmes, in particular the World health organization and the Joint United nations programme on Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome, as well as non-governmental organizations and international financial institutions.

 

• report on the status, throughout the world, of the right to health, including on laws, policies, good practices and obstacles: and

 

• make recommendations on the appropriate measures to promote and protect the realization of the right to health, with a view to supporting States’ efforts to enhance public health.

 

It also requests the Special Rapporteur to apply a gender perspective in his work, pay particular attention to the needs of children in the realization of the right to health and take into account the Durban Declaration and Programme of Action, adopted by the World Conference against Racism in 2001.

 

The major objectives which the Special Rapporteur uses to guide his work are:

 

• To promote-and encourage others to promote- the right to health as a fundamental human right, as set out in international and regional human rights instruments, resolutions of the Commission on Human Rights, and the Constitution of the World Health Organization.

 

• To clarify the contours and content of the right to health. In jurisprudential terms, what does the right to health mean? What obligations does it give rise to?

 

• To identify good practices for the operationalization of the right to health at the community, national and international levels.

 

Paul Hunt explained how he aims to explore these objectives by way of two inter-related themes: poverty and the right to health; and the stigma and discrimination in relation to the right to health. These themes permits him to examine a range of important issues such as poverty reduction strategies; Millennium Development Goals; impact assessments; relevant trade agreements and the World Trade Organization; the role of health professionals; neglected diseases; mental health.

 

What is the Special Rapporteur’s working methods?

As the Special Rapporteur, Paul Hunt is required to submit annually a report to the Commission on Human Rights and an interim report to the General Assembly, detailing the activities performed under his mandate. These reports also include information on particular issues relevant to the right to health, such as poverty, discrimination and stigma, international trade, mental health, neglected diseases, indicators, and sexual and reproductive health.

 

As a UN Special Rapporteur, Paul Hunt undertakes country and other missions as a central part of his work. Mr. Hunt began his rapporteurship by conducted his first mission to the World Trade Organization. He has also visited Mozambique, Peru and Romania, at the official invitation by these Governments.

 

Mr. Hunt also works in close cooperation with Governments, intergovernmental organizations and civil society. He participates in workshops and meetings, writes reports, makes inquires and responds to queries about the right to health.

 

In addition to all this, he also regularly receives information related to the right to health. This information sometimes includes credible allegations of serious violations of the right to health. In some cases, as Paul Hunt explained, he would write to the Government urging it to take appropriate action.

 

Paul Hunt emphasized that as an independent expert his work as a Special Rapporteur is largely dependent on the interactions and feedback from civil society organizations. In order for him to be effective civil society plays a crucial role.

 

 

Q& A Session:

 

Q.1 India has ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) and yet it has failed to produce a country report since 1983. What can the civil society organizations do about this situation?

 

Paul Hunt (PH): Civil society can put pressure both on the Indian Government and the Committee on Economic Social and Cultural Rights urging India to report. Such tactics may encourage the Committee to question the Indian Government regarding its failure to submit a report. The Committee can consider one non-reporting country per session. This could be India.

 

Q.2 As a civil society organization in India, we have a strong voice. But it is difficult to ensure accountability of the state actors. The UN should be more active politically. Can it ensure understanding of human rights among the parliamentarians through training?

 

PH: The Office of the UN High Commissioner for Human Rights organizes human rights training workshops and seminars. I cannot recall whether or not it has held such workshops for parliamentarians. I cannot see why it should not. Civil society should encourage such important initiatives.

 

Q.3 There are other United Nations agencies, such as United Nations Children’s Fund (UNICEF) and United Nations Population Fund (UNFPA). These agencies play a significant role in influencing our national level policies. How do we ensure that they work within the ESCR or human rights framework?

 

PH: In the 1990s, UN Secretary-General Kofi Annan – and the General Assembly – confirmed that human rights are a crosscutting issue throughout the United Nations and that human rights should be mainstreamed in all UN work. This has far reaching implications for UN agencies, including those you mention. They need to be urged to turn human rights mainstreaming into reality. In my experience, their record is uneven. Some agencies are doing better than others. Also, within an agency, some departments are doing better than others. Each agency should be encouraged to collaborate with CESCR. This Committee can make evaluations and recommendations. The agencies can then follow-up these findings. This is one practical way of encouraging agencies to give due weight to human rights when liaising with Governments.

 

Q.4 Since these United Nations agencies function through the Governments and their programmes are most of the times implemented by the government, the benefits of these never really percolate to the main beneficiaries. Another peculiar feature of the developing nations is that certain political parties usurp the mandates of the United Nation bodies to foster their own political agendas as a result on the ground the common man’s real issues become secondary.

 

PH: The key here is participation. The right to participate is a fundamental human right. Civil society should insist on respect for this right. Mechanisms should be in place to allow civil society to contribute to – to participate in – all relevant policy-making. There should also be mechanisms by which duty-bearers are held to account for their acts and omissions.

 

Q.5 The Convention on Elimination of all forms of Discrimination against Women (CEDAW) doesn’t talk much about violence against women, which forums should activists use to lobby effectively?

 

PH: Several treaty bodies should be explored in addition to CEDAW, such as the Committee on the Rights of the Child and the UN Special Rapporteur on violence against women and girls. Different Special Rapporteurs can collaborate on these issues. For example, I have written communications with other Special Rapporteurs on issues concerning violence against women,

 

Q.6 How many times has women’s health come up in relation to ICESCR as an issue?

 

PH: Of course like everyone else the Committee on Economic, Social and Cultural Rights can always be doing more on this issue, but the topic frequently comes up in its ‘constructive dialogue’ with States, and the issue is also reflected in several of the Committee’s General Comments, most especially General Comment 14.

 

Q.7. What kind of space do you share with other Special Rapporteurs?

 

PH: All Special Rapporteurs meet formally once a year, for a week, in Geneva where we discuss common issues. During the year, some of us keep in close touch, albeit in an ad-hoc fashion. As I have already mentioned, we sometimes write joint communications – and issue joint press releases. A constraint we face is a serious shortage of resources.

 

Q.8. There is a need to engage more proactively with excluded people especially the indigenous populations, where does the ICESCR place them?

 

PH: General Comment 14 makes a number of important remarks about the right to health of indigenous peoples. In my work, I try to give indigenous peoples – and other marginal groups – proper attention. Human rights generally, and economic, social and cultural rights specifically, have a particular preoccupation with disadvantaged groups. The right to participate includes the active and informed participation of marginal individuals and communities, such as indigenous peoples.

 

Q.9 How does one extend the net of accountability on funding organizations like Department of International Development (DFID), World Bank and US Agency for International Development (USAID), which have a great deal of influence in directing and deciding national level policies. What about the accountability of the richer countries towards developing nations?

 

PH: This is one of the great challenges facing the human rights community. How to cast the net of accountability on the richer countries in relation to what they do that impacts upon developing countries. For my part, I try to address this important and controversial issue. For example, I was concerned when I learnt that DFID funds for an excellent Peruvian health and human rights programme were being withdrawn. I – and many others - recommended that the funding be continued. I understand that, to DFID’s credit, funding for this programme has now been re-instated. We need to develop appropriate ways of enhancing the accountability of donors, as well as non-state actors.

 

Q.10 To what extent do you rely on the media for reports and recommendations?

 

PH: I rely heavily – but critically – on the media and civil society for information about the right to health in specific countries. In their turn, I hope that the media and civil society will pick up my recommendations.

 

Q.11 Where do you get the mandate for your work as Special Rapporteur on the right to health?

 

PH: The mandate is set out in a resolution of the Commission on Human Rights. It allows me some room for interpretation. I listen to all actors – States, UN agencies, civil society groups, and so on.

 

Q.12 As a Special Rapporteur on the right to health how do you approach the Right to Women’s Health?

 

PH: Women’s health is a major theme recurring throughout my work. My report on the World Trade Organization includes a gender dimension. I have published a report on sexual and reproductive health rights. And another on mental disability where I highlight the gender dimension, including issues such as forced sterilization and forced abortion. Interestingly, however, about 75% of the complaints I receive are from men. I would like women’s groups to more frequently contact me about their concerns. I would positively welcome their input, information and suggestions.

 

How can you contact Paul Hunt?

The Special Rapporteur urged women’s groups to send him communications, issues and recommendations at the following contact:

 

Lisa Oldring

UN Office of the High Commissioner for Human Rights

8-14 avenue de la Paix

1211 Geneva, Switzerland.

Tel: 41 22 917 9406

Fax: 41 22 917 9010

Email: loldring@ohchr.org

 

Judith Bueno de Mesquita

Human Rights Centre

University of Essex

Wivenhoe Park

Colchester, CO4 3SQ UK

Tel: 44 1206 873963

Fax: 44 1206 873627

Email: jrbuen@essex.ac.uk

 

 

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Priti Darooka

Programme on Women's Economic, Social and Cultural Rights (PWESCR)

Housing and Land Rights Network

B-28 Nizamuddin East, 2nd Floor

New Delhi, India, 110013

Phone: +91(0)11-24356775

Fax: +91(0)11-24358492

http://www.pwescr.org