UNITED NATIONS HUMAN RIGHTS COUNCIL
Lyon Model United Nations 2018 Study Guide
TOPIC A : Healthcare as a universal right TOPIC B : Situation of Human rights in Yemen Welcome letter
Honorable delegates,
It is our pleasure to welcome you at this years Human Right Council at LyonMUN 2018. We decided to choose the topics of “Healthcare as a Universal Right” and the “Situation of Human Rights in Yemen” for you due to current developments. As both topics can be linked to each other, they are quite different in their basics. Whereas “Healthcare as a Universal Right” is a broad topic, concerning human beings all around the world, “Situation of Human Rights in Yemen” is a case study of urgent and ongoing developments. We as your Chairs- Anke, Giulio and Vincent- hope you conduct an in-deep research and find this guide helpful during your preparation. We are looking forward to work with you and guide you through the process of UN negotiations. As we are all experienced chairs and attended LyonMUN last year as well, we hope you will have the same great experiences that we made already.
Your Chairs for HRC
Anke, Giulio and Vincent THE UNITED NATIONS HUMAN RIGHTS COUNCIL
Established in 2006 to succeed the United Nations Commission on Human Rights (UNCHR), the United Nations Human Rights Council (UNHCR) is the United Nations (UN) intergovernmental body responsible for strengthening the promotion and protection of Human Rights (HR) globally bringing together 47 member states. Founding this mandate is the UN charter’s Article 1.3 stating that “The purposes of the United Nations [include] promoting and encouraging respect for human rights and for fundamental freedoms for all, without distinction as to race, sex, language or religion.” – As well as the Universal Declaration of Human Rights (UDHR) adopted by the UN in 1948.
Prior to the Human Rights Council (HRC), the Commission on Human Rights (CHR) – established in 1946 – had lost credibility after being led and included some of the world’s most repressive regimes (In 2003 for instance, Libya and Cuba chaired the Commission while Saudi Arabia, Sudan and Zimbabwe were members) – leading some gross situations of HR violations being ignored. As a result the commission was criticized for being infected by politicization and selectivity. In 2006, after long negotiations with some states supporting that the future HRC candidates for membership be states with “a solid record of commitment to the highest HR standards” and be elected by a 2/3rds majority of the UN General Assembly (GA), a much ‘watered down’ reform was adopted, including the lighter requirement that candidates for membership receive the votes of an absolute majority of the GA. Members of the HRC are elected for a period of 3 years and distributed into regional groups including 13 from Africa, 13 from Asia, 6 from Eastern Europe, 8 from Latin America and 7 from the ‘Western Europe and Other group’.
The HRC functions by a mechanism of ‘Universal Periodic Review’ consisting in the organization of three annual sessions – held in March, June and September – which submit an annual report to the GA. These regular sessions – presided over by an elected president and vice presidents – can be extended by requesting special sessions. Additionally, the HRC also includes an ‘Advisory Committee’ containing a panel of experts and advisors, and functions through the participation of individuals and organizations which through the ‘Complaint Procedure’ are able to bring forward specific HR issues. Finally, ‘Special Procedures’ led by ‘Special Rapporteurs’ exist within the HRC to research and counsel on country specific and thematic issues and report on these annually to the GA.
UN Member States also expressed the need for global protection and promotion of healthcare by the world community in the Declaration of Alma-Alta in 1978. It was adopted as the first international declaration addressing the importance of primary healthcare at the International Conference on Primary Health Care. A complete physical, mental and social health is reaffirmed by the declaration as a fundamental right and it is stressed, that governments are responsible to protect the health of individuals through a proper primary healthcare.
Today, the HRC’s work is also guided by the documents of International Covenant on Economic, Social and Cultural Rights (1966), International Covenant on Civil and Political Rights (1966) and its two Optional Protocols – commonly referred together as the International Bill of Human Rights – as well as the 2030 Agenda for Sustainable Development (2015) and the 17 Sustainable Development Goals.
TOPIC A – Healthcare as a universal right
Executive Summary
Healthcare as a universal right is one of a set of internationally agreed human rights standards, and is inseparable or ‘indivisible’ from these other rights. This means achieving the right to health is both central to, and dependent upon, the realization of other human rights, to food, housing, work, education, information, and participation.
Understanding health as a human right creates a legal obligation on states to ensure access to acceptable and affordable health care. ‘Universal Health Coverage’ is the concretization of the realization of this right. However, its realization faces existing and emerging challenges described below. I. The Status of Health as a Basic Human Right in the United Nations System a. Health as a basic Human Right in the Universal Declaration of Human Rights.
The Universal Declaration of Human Rights, which sets the basis for international human rights standards, while not mentioning health as a basic human right contains articles which more or less implicitly can be linked to health (United Nations, 1948).
Article 1: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3: Everyone has the right to life, liberty and security of person.
Article 22: Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 25.1: Everyone has the right to a standard of living adequate for the health and well- being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Article 25.2: Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Additionally, the 1946 World Health Organization (WHO) enshrined early on: “The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, and political belief, economic or social condition”. b. The International Covenant on Economic, Social & Cultural Rights.
The International Covenant on Economic, Social & Cultural Rights (ESCR), adopted in 1966 and in effect since 1976 and part of the International Bill of Human Rights (IBHR) committed member states towards recognizing new forms of rights including that of “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health” (Art. 12.1). However, the way in which the ESCR defined the responsibilities of member states remained limited through the careful wording of article 12.2:
Article 12.2: “The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child; b) The improvement of all aspects of environmental and industrial hygiene; c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.”
In general comment No. 14 (2000) of the ESCR, health was defined as a “fundamental human right indispensable for the exercise of other human rights.” In this document, multiple aspects of the right to health were discussed including freedoms, such as the right to control one’s health and body (sexual and reproductive rights for e.g.) as well as to be free from interference (from torture or non-consensual medical treatment and experimentation for e.g.). The right to health also includes entitlements which encompass the right to a system of health protection which gives everyone equal opportunity. The same general comment went further in defining the respect of the right to health with four conditions –Availability, Accessibility, Quality and Acceptability (United Nations, 2000):
Availability refers to the sufficient quantity of functioning public health and health care facilities, goods and services, as well as programmes for all. Accessibility refers to the condition that health facilities, goods (drugs), and services must be accessible to everyone it be through four overlapping dimensions including: - Non-discrimination (health facilities, goods and services must be accessible to all, especially the most vulnerable or marginalized sections of the population, in law and in fact, without discrimination on any of the prohibited grounds); - Physical accessibility (Physical accessibility: health facilities, goods and services must be within safe physical reach for all sections of the population, especially vulnerable or marginalized groups, such as ethnic minorities and indigenous populations, women, children, adolescents, older persons, persons with disabilities and persons with HIV/AIDS); - Economic accessibility – or affordability – (health facilities, goods and services must be affordable for all. Payment for health-care services, as well as services related to the underlying determinants of health, has to be based on the principle of equity, ensuring that these services, whether privately or publicly provided, are affordable for all, including socially disadvantaged groups) ; - Information accessibility (The right to seek, receive and impart information and ideas concerning health issues.
Quality: Facilities, goods, and services must be scientifically and medically approved. Quality is a key component of Universal Health Coverage, and includes the experience as well as the perception of health care.
Acceptability – which refers to respect for medical ethics, culturally appropriate and gender sensitive policies which require that health facilities, goods and services as well as programmes are people centered and cater for the specific needs of diverse population groups. c. The MDGs, the SDGs and UHC.