COMMISSION ON HUMAN RIGHTS HEARS REPORTS FROM SPECIAL RAPPORTEURS ON RIGHTS TO HOUSING, HEALTH AND EDUCATION

Commission on Human Rights
AFTERNOON 29 March 2005


Continues its General Debate on Economic, Social and Cultural Rights


The Commission on Human Rights continued its consideration of economic, social and cultural rights this afternoon, hearing presentations by the Special Rapporteurs on the right to adequate housing, the right to education, and the right to the highest attainable standard of physical and mental health.

Miloon Kothari, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, stressed that adequate housing meant much more than four walls and a roof, and included the capacity to live in peace and dignity, and remained intrinsically linked to the security and identity of a person. The principle theme of the present report was homelessness. He also summarized the findings of his 2004 missions to Kenya and Brazil, as well as preliminary findings from his ongoing study on women and housing.

Responding to the Special Rapporteur, Brazil noted that the Government had created the Ministry of Cities in 2003, and had raised investments in housing and environmental sanitation. The Ministry had created the National Development Urban Programme, based on the democratic and decentralized participation of civil society, which aimed to coordinate and integrate investments and programmes in the field of housing.

Kenya said the Government intended to undertake an Integrated Household Budget Survey, the aim of which was to meet the data requirements for monitoring of the Millennium Development Goals, among other objectives. Regarding women, property and housing rights, he pointed out that laws sufficient to protect women already existed, superseding customary practices. As for the so-called "indigenous" people, the terminology was not applicable to Kenya. All communities of African descent were indigenous.

Vernor Munoz Villalobos, Special Rapporteur on the right to education, said the maintenance of fees for primary education in more than 70 countries proved that education continued to be seen as an expenditure, not as a right. The financing of education was fundamental to its sustainability. His next report would deal with discrimination in education, particularly with regard to vulnerable groups such as the Dalits, who suffered from lack education, and he also planned to address the lack of provision of quality education in emergency situations.

Paul Hunt, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, said he had focused his report on the right to health of people with disabilities, having applied the common analytical framework to their situation. The report also covered three missions undertaken in 2004 to Mozambique, Peru and Romania. While each country was different, there were some common themes in the three reports. Most striking, each country had -- to its credit -- developed a number of excellent policies for their health sectors recently. Yet, in some cases, there was a gap between these impressive policies and actual implementation on the ground.

Responding to the Special Rapporteur, Mozambique agreed with the findings that recognized that the development of health-related legislation, policies and programs in recent years constituted steps towards ensuring the right to health in Mozambique. The country's view was that the problem of health-related rights was essentially one of poverty. Note was taken of the various recommendations of the Special Rapporteur.

Peru said the comprehensive policies adopted by the Peruvian Government regarding the right to health had targeted the most vulnerable areas of the country. Health cards were to be distributed to all citizens in the near future. He also addressed specific programmes such as that to prevent sexually transmitted diseases and other infections and prioritization of the fight against HIV/AIDS and dissemination of information to youth. Overall, the report's recommendations would be implemented in a comprehensive manner, particularly with regard to mental health.

Romania said that four important goals had been included in the "Decade Action Plan for Roma Inclusion, 2005-2015", which included implementation of national health programmes in 100 per cent of Roma communities, to guarantee 100 per cent access for them to primary medical and pharmaceutical services, to promote intercultural education, and to facilitate the inclusion in the health insurance system of the Roma which did not meet the current legislative criteria due to objective reasons.

Participating in the interactive dialogues, held with all three Special Rapporteurs, were the Representatives of Cuba, Argentina, Mexico, Luxembourg (on behalf of the European Union), Costa Rica, Pakistan, India, Canada, Norway, Congo and Nepal.

Also today, the Commission continued its general discussion on economic, social and cultural rights as Representatives of Ukraine, Nigeria, Sri Lanka, Russian Federation, South Africa, Indonesia, Sudan and China took the floor. Speakers highlighted the indivisibility, interdependence and universality of all human rights, the need to treat economic, social and cultural rights equally with civil and political rights, and the need to undertake analysis of progress in terms of realization of economic, social and cultural rights for the achievement of the Millennium Development Goals at the upcoming five-year review to be held this fall.

The Commission will reconvene at 10 a.m. on Wednesday, 30 March to continue its consideration of economic, social and cultural rights.

Documents on Economic, Social and Cultural Rights

Under this agenda item, the Commission has before it a number of documents.

There is the report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Miloon Kothari, (E/CN.4/2005/48), which states that homelessness is perhaps the most visible and most severe symptom of the lack of respect for the right to adequate housing. While the majority of the world's population lives in some form of dwelling, roughly one half of the world's population does not enjoy the full spectrum of entitlements necessary for housing to be considered adequate. United Nations estimates indicate that approximately 100 million people worldwide are without a place to live. Over 1 billion people are inadequately housed. The Special Rapporteur notes with concern that urban "gentrification" processes accompanied by rising property values and rental rates are pushing low-income families into precarious situations, including homelessness. The Special Rapporteur calls for the introduction of public housing schemes for the poor, giving priority to land and agrarian reform, promulgation of laws that protect women's right to adequate housing, creation of shelters in urban centres, and integrating rural development to address involuntary migration to cities. He also calls for a combination of a humanitarian and a human rights approach to confront both the immediate and the long-term need of people and communities to move from a state of homelessness and landlessness to a position of having access to a livelihood and a secure place to live.

The first addendum to the report (Add.1) contains a summary of information transmitted to Governments and replies received from Bangladesh, China, Egypt, Greece, India, Israel, Mexico, Nigeria, Philippines, Slovakia, Spain, Sri Lanka, Sudan, Turkey and the United States.

The second addendum to the report (Add.2) examines and reports on the
status of the realization of the right to adequate housing and other related rights in Kenya, with particular attention to aspects of gender equality and non-discrimination, with a view to promoting the incorporation of a human rights perspective at all levels of governance, policy-making and implementation. Throughout his report, the Special Rapporteur tries to highlight progress made and potential scope for further action. He makes a number of recommendations to this end, including recommendations related to the integration of human rights perspectives in sectoral policies, housing and slum-upgrading programmes, and the constitutional and legal framework.

The third addendum (Add.3) outlines the Special Rapporteur's mission to Brazil. The Special Rapporteur is impressed by the demonstration of political will by the new Government and by the unprecedented support received from civil society groups. Throughout his report, he tries to highlight progress made and potential scope for further action. He formulates a number of recommendations including the development of a new National Housing Policy based on human rights obligations; the reconciliation of macroeconomic and social objectives; the reorientation of existing housing finance programmes to meet the needs of the very poor; legislation to harmonize and simplify the issuing of title deeds; and increased inter-ministerial cooperation in areas such as human rights of indigenous peoples.

There is also the report by Mr. Kothari, on women and adequate housing (E/CN.4/2005/43). While international and national laws increasingly recognize women's right to adequate housing, the report states, considerable gaps still exist between such recognition and the reality of large-scale denial of this right. Critical factors affecting women's right to adequate housing and land are lack of secure tenure, lack of information about women's human rights, lack of access to credit and housing subsidies, rising poverty and unemployment and discriminatory cultural and traditional practices, among other things. Among several recommendations to States, the United Nations and civil society actors, the Special Rapporteur calls for the implementation of innovative Government housing policies and programmes.

There is the report submitted by the Special Rapporteur on the right to education, Vernor Muñoz Villalobos, (E/CN.4/2005/50), which provides an overview of the activities and issues he plans to carry out and consider during his mandate. Following up on the work initiated by his predecessor, the Special Rapporteur intends to continue strengthening the human rights dimension of education by encouraging the shift from education policies that address education as an economic good to the right to education, which States have an obligation to implement and which is justifiable. In that regard, he plans to focus his efforts on the financial resources allocated to education and on emphasizing the need for free compulsory primary education and intends to engage in a dialogue with various key partners. Besides financial and structural constraints on the full enjoyment of the right to education, the Special Rapporteur identifies discrimination as a key impediment. Though the Special Rapporteur decided to pay specific attention to the access of girls and adolescents, especially pregnant adolescents and young mothers, to education, he will also examine the exercise of the right to education by migrants, indigenous populations, minorities and persons with different capacities, the report states.

There is the report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Paul Hunt, (E/CN.4/2005/51). The report is devoted to a group that is among the most neglected, marginalized and vulnerable: persons with mental disabilities. The first section of the report applies this common approach to mental disability and the right to health. It considers, for example, this subject in the context of freedoms, entitlements, non-discrimination and equality, participation, and international assistance and cooperation. The second section briefly highlights three mental disability issues that demand particular attention: intellectual disability, the right to community integration, and consent to treatment. The report closes with some brief conclusions and recommendations.

The first addendum to the report (Add.1) provides a summary of cases transmitted to Governments and replies received from China, Côte d'Ivoire, Cuba, Democratic People's Republic of Korea, Egypt, Equatorial Guinea, Ethiopia, India, Iran, Libya, Nepal, Romania, Russian Federation, Rwanda, Slovakia, Sri Lanka, Sudan, Thailand, Ukraine, United States and Uzbekistan.

The second addendum (Add.2) is on the Special Rapporteur's mission to Mozambique in December 2003. Throughout his mission, the Special Rapporteur paid particular attention to the right to health in the context of poverty and discrimination. He considered, among other things, the issues of access to health services and facilities; user fees; the role of donors and intergovernmental organizations; the situation of health professionals; access to water and sanitation; sexual and reproductive health; and HIV/AIDS, tuberculosis and malaria. The commitment of the Government of Mozambique, together with its bilateral and multilateral funding partners, to addressing the country's health challenges is reflected in the prioritization of health in various national policies and strategies. However, the Special Rapporteur encourages the Government to explicitly integrate the right to health into all of its relevant national and international policies.

The third addendum (Add.3) concerns the Special Rapporteur's mission to Peru in June 2004. The report describes the relevant national and international legal frameworks and also outlines the grave health problems in Peru, many of which are intimately linked to poverty and discrimination. The main right to health challenge is to identify policies and implement strategies that are based on equity, equality, and non-discrimination, and which improve access to health care, and the underlying determinants of health, of those living in poverty. The report also considers a range of governmental policies - some of them highly commendable - that bear upon the right to health. The Special Rapporteur makes a series of recommendations about the United States-Peru trade agreement; environmental health, especially in Belen (water and sanitation), Callao (lead poisoning) and San Mateo de Huanchor (the impact of mining); mental health, especially the right to health care of persons with mental disabilities, and the impact of two decades of internal armed conflict; sexual and reproductive health, including HIV/AIDS; and ethnicity and culture, especially in the context of indigenous peoples.
The fourth addendum (Add.4) to the report of the Special Rapporteur on the right to food is on his mission to Romania in August 2004. The report indicates that while data shows a significant improvement in some health indicators in recent years, they also reveal persisting inequalities between groups in Romania. In the context of Central and Eastern Europe, some health indicators are weak. The report notes that recently, the Government has adopted important health-related laws and policies. However, key challenges remain, including effective implementation; low budgetary allocations in health; corruption; weak participation of civil society in health-related decision-making processes; and accountability. The report outlines the context of transition in Romania, signals the relevant national and international legal frameworks, and gives attention to participation, access to information, accountability and health professionals. It also focuses on financing of health care, including budgetary allocations and personal contributions - including unofficial fees that are often expected of health system users - and gives attention to some specific issues including sexual and reproductive health; HIV/AIDS; tuberculosis; mental health care; environmental health; and the Roma.

Presentation of Report by Special Rapporteur on Right to Adequate Housing

MILOON KOTHARI, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, in presenting his report stated that adequate housing meant much more than four walls and a roof, but included the capacity to live in peace and dignity, which remained intrinsically linked to the security and identity of a person. The right to adequate housing could not be isolated from the rights to food, water, sanitation, health, work, property, security of person and home, and protection against inhuman and degrading treatment. The principle theme of the present report was homelessness, including its causes and impacts, particularly in regard of society's most vulnerable groups. The continued and widespread prevalence of homelessness -- an estimated 20 to 40 million people continued to be affected in urban centers worldwide, and the problem remained prevalent in rural areas, as well -- indicated the lack of respect given to the right to adequate housing. The causes of homelessness included a lack of affordable housing, speculation on housing and land, privatization of civic services, unplanned urban migration, and the impact of economic globalization. The destruction and displacement caused by development projects, armed conflicts and natural disasters, as well as the effects of domestic violence, reduction in public housing expenditure and subsidies for the poor, had also contributed to a colossal gap in the supply of formal sector housing, leading to a process of "urban apartheid" across the world.

The Special Rapporteur also addressed the country missions undertaken in the past year, including a mission to Kenya in February 2004 and one to Brazil in June 2004. Concerning Kenya, he acknowledged the efforts being made, and the political will and commitment demonstrated by the new Government to establish clear policies in a number of previously neglected areas such as water, housing and gender. With a legacy of corruption and mismanagement of State and local resources, the Government must tackle issues such as the growth of slums, lack of access to essential services including potable water, electricity and sanitation, and the high number of people living with HIV/AIDS. Insufficient attention had also be given to issues related to the discrimination faced by women with respect to land, property and inheritance, the existence of "land cartels" and illicit land markets, extensive logging, and displacement and forced evictions. Among the recommendations made were those on an integration of human rights perspectives in sectoral policies; a review of existing programmes, policies and laws to orient them towards the most vulnerable segments of the population; an adoption of comprehensive approaches on forced evictions, security of tenure, legalization of informal settlements and slum-upgrading; and an establishment of a quasi-judicial tribunal on informal human settlements.

With regard to Brazil, he said that the housing deficit continued to be grave, despite the Government's declared will to meet its population's housing needs. According to information received during the visit, 6.6 million Brazilian families had nowhere to live, and one-third of homes remained unlinked to the sewage network. The high housing deficit also reflected the large number of low-income households in informal settlements and familial cohabitation. In addition to "favelas" (slums), attention must be given to irregular and clandestine subdivisions, slum tenement houses, and degrading housing estates. Homelessness, landlessness, housing deficit and housing inadequacy prevailed in the country due to historic discrimination against Afro-Brazilians and indigenous communities, and due to the marginalization of the poor. While the Government had committed itself to addressing these issues, emphasis must be shifted from policy-making and legislative reform to practical action. Wealth and land redistribution were of primary importance in that respect. There was also a need to enhance coordination between governments at the federal, State and municipal level to avoid resource dispersion and programme fragmentation, and an urgent need to balance macro-economic policies with human rights imperatives and obligations.

Additionally, he presented preliminary findings from the ongoing study on women and housing, stating that methodologies had been advanced for engagement with States, United Nations bodies and civil society groups. The original focus of the report on women's right to adequate housing had been retained, but interrelated issues of land, property and inheritance had also begun to be explored. Specific themes had emerged from a deeper analysis of the ways in which women were discriminated against with respect to housing, land and property including the direct link between violence against women and women's right to adequate housing.

Response by Concerned Countries

CARLOS ANTONIO DA ROCHA PARANHOS (Brazil), speaking as a concerned country, said the report was welcomed. The Government considered that the report was balanced, fair and reflected the complex reality of adequate housing in a country like Brazil, whilst at the same time emphasized the firm commitment of the Government to solve the problem in the country. The Special Rapporteur had met several federal, municipal and State officials, as well as representatives of civil society and non-governmental organizations. The wide range of contacts made had led the Special Rapporteur to write very generous words emphasizing the role of civil society and the political will of the Government. The Brazilian Government had pursued a holistic approach.

In order to ensure access to adequate housing to urbanized land, to potable water, to a healthy environment and to safe mobility, the Government in 2003 had created the Ministry of Cities and had increased investments in housing and environmental sanitation. This Ministry had created the National Development Urban Programme, based on the democratic and decentralized participation of civil society, with the aim of coordinating and integrating investments and programmes in the field of housing. In the report's conclusions, the Special Rapporteur had expressed the wish that the document would serve as the beginning of a fruitful collaboration with the Government. His visit had totally lived up to the expectations of the Government, and his report was seen as a very helpful instrument, and there was no doubt that the newly born collaboration would bear excellent fruits.

PHILLIP RICHARD O. OWADE (Kenya), speaking as a concerned country, said the Kenyan Government strongly believed in the well-recognized principle that all human rights were universal, interdependent, interrelated and indivisible. Accordingly, the Government attached equal importance to economic, social and cultural rights, just as it did to political and civil rights. It also believed that the promotion and protection of those rights were the legitimate responsibility and concern of Governments as well as the international community. It was for that reason that Kenya had extended an invitation to the Special Rapporteur to share experiences with him on the efforts the Government was making to enable its citizens to realize those rights. The Kenyan Government had extended maximum cooperation to the Special Rapporteur. The Special Rapporteur had alleged the lack of integration of human rights in indicators for the achievement of the Millennium Development Goals. The Government had put in place the process of generating indicators and statistics necessary to monitor the Goals. In addition, the Government would undertake an Integrated Household Budget Survey whose aim was to meet the data requirements for monitoring of the Goals, among other objectives.

On women and housing, the Government wished to point out that there were sufficient laws in place that protected women with regard to property and housing rights. The Constitution, other Acts of Parliament and subsidiary legislation superseded customary practices, which were citied by the Rapporteur as discriminatory. Through education, women were being made aware of their rights, including in rural areas where customary practices had tended to disadvantage them; special police stations had been established to assist women redress instances of violation of their rights. On the so-called indigenous people, the terminology was not applicable to Kenya. All communities of African descent were indigenous. The speaker reiterated the Kenyan Government's commitment to the progressive realization of the right to adequate housing.

Interactive Dialogue

CLAUDIA PEREZ ALVAREZ (Cuba) asked whether the Special Rapporteur intended to study in greater depth the increase in income and its affect on housing, and the relocation of residents in areas where there was only one race. On the status of women, she asked whether there had been any progress on the issue of the right to water within the timeframe of the Special Rapporteur's study.

SERGIO CERDA (Argentina) said the Special Rapporteur had referred to "model provisions" in his report on the right of women to adequate housing. How would those model provisions look like? Had work on them moved forward?

ELIA SOSA (Mexico) said the right to adequate housing remained extremely important to Mexico. She asked the Special Rapporteur whether there should be adjustments to the way in which policies were being made on the issue of incorporating gender perspectives concerning housing.

ALPHONSE BERNS (Luxembourg) asked for additional information on whether the Special Rapporteur was receiving appropriate support from Governments in the area of adequate housing and environment, as well as other related areas. He also asked the Special Rapporteur to expand on ways and means to prevent violations such as forced evictions.

MILOON KOTHARI, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, said the remarkable openness and support received from both Brazil and Kenya was appreciated, and the work would continue. The integration of human rights obligations into national plans and policies in Brazil was unique and very inspiring. These policies and legislations would turn into reality, and this was looked forward to. The openness expressed by the Government of Kenya was also appreciated, and progress reported since his visit had been taken note of. Regarding women and housing, there was a growing gap between the recognition of women's rights to land and housing, and between the implementation of these rights throughout the world, and the Government of Kenya should work on closing this gap. The number of indicators collected on the Millennium Development Goals in the country was also very interesting.

The Government of Cuba was thanked for its support, and the Special Rapporteur was examining the increase in income, the growth of wealth and the resulting non-realization of housing rights across the world. The growth of wealth itself did not result in the realization of economic, social and cultural rights; instead there was a growth of "economic apartheid", where wealth was concentrated in the hands of the few. Regarding racial discrimination, this issue also continued to be examined. A majority of lack of housing was due to discrimination. Regarding the right to water, there was increasing support for this human right, and increasing mobilization among society. Regarding modern norms on domestic violence, there should be full protection extended to women, even if this led to asking a man to leave the house, even if it belonged to him. It was important that standards in various respects be respected, including privacy.

The Government of Luxembourg had made an interesting statement, and excellent support had been received from the Office of the High Commissioner for Human Rights and various Governments. More could be done, but Governments needed to support the institutional mechanisms set up within the United Nations system so that the work on the right to housing grew across the United Nations system. States should formulate national standards on eviction and under what circumstances this could be carried out.

Presentation of Report by Special Rapporteur on Right to Education

VERNOR MUNOZ VILLALOBOS, Special Rapporteur on the right to education, said that the maintenance of fees for primary education in more than 70 countries proved that the budget for education was considered as an expenditure and not as a right. He noted the progress made in the educational level in Kenya, Malawi, Tanzania and Uganda, where after the educational fee had been eliminated, a high level of educational achievement had been reached. Such measures had enabled millions of children to enjoy the right to education, particularly the girl child. The financing of education was fundamental for its sustainability. The strategies of the World Bank and other agencies were aimed in that direction. However, they should take into consideration the situation of highly indebted countries in their efforts to implement the right to education. A number of countries had affirmed the indivisibility of human rights; however, economic, social and cultural rights were not provided with adequate legal protection similar to that enjoyed by civil and political rights. For that reason, it was urgently necessary to guarantee the justiciability of the human right to education at the international and national levels.

In his next report, he would deal with discrimination in education with regard to vulnerable groups such as the Dalits, who suffered from lack of education. He would inform the Commission after exploring the factors of discrimination of the caste system. The collaboration of Governments and civil society would be essential in that regard in identifying the obstacles and in finding effective means to remedy the situation. It was necessary to establish a series of recommendations in order to combat such types of discrimination in education. Another aspect of discrimination in education was the lack of provision of quality education in emergency situations. The discrepancies in educational opportunities did not respect the priorities provided by many Governments in the realization of the right to education. Security in schools should also be considered as part of the human right of education.

Interactive Dialogue

CLAUDIA PEREZ ALVAREZ (Cuba) said regarding the initiatives that had been seen regionally in the Latin American region to combat illiteracy, for example in Venezuela and in Haiti, did the Special Rapporteur intend to examine more closely this type of bilateral cooperation which could help to deal with the problem. Regarding the report, which mentioned the potential development of some indicators on the measurement of the right to food, for example, what was the Special Rapporteur's view on these indicators, and what reasons would there be for their development, and would States be consulted.

SERGIO CERDA (Argentina) said regarding paragraph 122, there had been a case of violence in a school in Argentina; this was something that could be dealt with in the future, namely the violence that occurred in the school environment that was not associated with natural disasters or armed conflicts. It was a very serious situation and it was hoped that in the area of prevention the Special Rapporteur would be able to include something in future reports. Regarding paragraphs 130-131, there was full support for the issue of justicability of the right to education.

LUIS VARELA QUIROS (Costa Rica) said there was pleasure at the report that had just been introduced. It was an important and valuable report, and education was an investment and not an expenditure for societies. Education should be looked at as a comprehensive process, and not just the acquisition of basic abilities. Boys and girls should have the same access to education, and this should be guaranteed if the future was to be more just and more equitable. It would be extremely useful in the area of migrants to look closely at the specific needs and requirements of the right to education of migrant boys and girls, particularly in the context of integration, as the right to education should be guaranteed for all regardless of ethnicity and gender. The Special Rapporteur should carry on with his efforts.

ALPHONSE BERNS (Luxembourg) said regarding the reference of the Special Rapporteur to the need for future indicators to be drafted on the right to education and in particular on the enjoyment of the second and third Millennium Development Goals, how would the Special Rapporteur proceed on specific points to be included in these Goals. The Special Rapporteur had taken the view that the concept of disability was an obstacle to the right to education. Given the need for a culture-based approach, what types of measures could be taken to meet the needs of persons with disabilities.

RIZWAN SAEED SHEIKH (Pakistan) said with regard to two particular aspects: firstly, as commented on by Cuba and Luxembourg on the development of indicators to monitor progress with regard to the right to development and to have an idea of the fulfilment of both national and international responsibilities in this regard, Pakistan had already suggested the development of indicators in the context of the right to development, and there was great interest in this issue; secondly, regarding paragraphs 270-272, an important aspect was to ensure that in the implementation of the right to education that culture and religious diversity and respect for these were ensured and enshrined in respect of retaining the identity of those receiving this education. The forthcoming reports should include these issues with conclusions and recommendations with regard to guidelines thought out.

DEBABRATA SAHA (India) said the remark of the Special Rapporteur that in the future report he would address an issue described as the right to education of Dalits and the discrimination against these surprised India, as it was believed by the delegation that in India extraordinary lengths had been taken to ensure that discrimination on the basis of caste, as any other, was not allowed. There was discrimination, but this was positive discrimination, on the lines of affirmative action, with the aim of uplifting those who had suffered from historical discrimination, and this had taken place for the Dalits. It was hoped that the Special Rapporteur would take this up in his next report, as India believed that positive discrimination was a good tool for use, and wished for confirmation for this from the Special Rapporteur. There was a possibility that the Special Rapporteur had in mind the issue of social practices of discrimination, which fell outside his remit, as the right to education was the responsibility of the Government, and this was not the same as social practices. The Special Rapporteur should confine himself to his mandate, which covered rights of the individual with regards to education in the context of the State.

VERNOR MUNOZ VILLALOBOS, Special Rapporteur on the right to education, said that illiteracy clearly figured centrally to his mandate, as did the situation of children and adolescents, and measures taken in public and private spheres, which aimed to enhance fundamental access to education. There was need to focus particular attention on each of these issues. Regarding indicators, he said that while they made it possible to design policies to enhance the right to education, they remained only general and made it problematic to understand more specific, intercultural aspects. A central part of his mandate continued to concern the development of indicators on the right to education, however.

Thanking Argentina for drawing attention to the issue of violence and education, he said emergency situations should be considered to include the problems faced by women and young girls in terms of access to education. With regard to other vulnerable populations, he said that there should be attempts to design a concept of education to help promote active citizenship for protection and promotion of human rights. He also thanked the representatives of Pakistan and India, who had contributed interesting questions to the consideration of his mandate, and he hoped to be able to address all the questions in depth, at a later time.

Presentation of Report by Special Rapporteur on the Right to Highest Attainable Standard of Physical and Mental Health

PAUL HUNT, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, said the right to the highest attainable standard of physical and mental health care, as well as the underlying determinants of health, was both a complex and extensive right. Two approaches were adopted with a view to making it easier to understand: the identification and focus on particular elements of the right; and the development of a common way of approaching the right to health. It was hoped that this analytical framework would be improved and refined over time.

In this report, the common analytical framework was applied to the right to health of persons with mental disabilities because their health care and support needs were among the most neglected in the world. It also contained three country mission reports on Mozambique, Peru and Romania. These reports spoke for themselves. While each country was different, there were some common themes in the three reports. Perhaps the most striking was that each country had, to its credit, recently developed a number of excellent policies for their health sectors. Yet, in some cases, there was a gap between these impressive policies and actual implementation on the ground. A trip to Uganda had also been made, and the report would be submitted next year, as it had proved very useful with regard to the study of contagious diseases.

The right to health required some sort of accessible and transparent monitoring and accountability arrangements. An effective monitoring and accountability arrangement could help a country narrow the gap between policies and practice. Another way of narrowing the gap was by active and informed community participation in the health sector. Corruption could not survive where there was effective monitoring, accountability and community participation in the health sector. By definition, a policy based on the right to health was also an anti-corruption policy.

Response by Concerned Countries

ALEXANDRE DA CONCEICAO ZANDAMELA (Mozambique) speaking as a concerned country, said the mission of the Special Rapporteur had been welcomed as a platform to seek an international opinion on the real impact of the ongoing efforts in the country with respect to the overall process of economic and social developments to which the full enjoyment of the right to health was intrinsically interrelated. Mozambique was a State party to a number of the most important international instruments related to fundamental issues of human rights in the world. This was a clear demonstration of the Government's commitment to place the issue of human rights at the heart of its priorities. The Government had every reason to welcome the report, and could not agree more with the findings of the Special Rapporteur when he recognized that the development of health-related legislation, policies and programmes in recent years were steps towards ensuring the right to health in Mozambique.

It was the concerted view of Mozambique that the problem of health-related rights was essentially a problem of poverty. The task before it was a rather monumental one, and the realization of those noble aspirations remained a distant goal to attain. It was also crystal clear that there would not be a panacea to the rights to health without addressing the critical question related to global aspects of economic, social and cultural development, which hindered the full enjoyment of these rights. Good note was taken of the various recommendations of the Special Rapporteur including a quasi-passionate plea to the Government to redouble efforts in a number of critical areas to improve the quality of goods and health services provided especially in rural areas. There was confidence that the international community would respond generously to the recommendations of the report, in recognition of the efforts and limited resource capacity to respond to these challenges.

ALEJANDRO NEYRA SANCHEZ (Peru), speaking as a concerned country, said the report the Special Rapporteur on the right to health on the basis of his visit to that country showed that the Government of Peru was making efforts in that area. An intensive coordination had been carried out with civil society and the recommendations of the Special Rapporteur would be taken into consideration by the authorities. The comprehensive policies adopted by the Government on health had targeted the most vulnerable populations in the country. There was also a need to adopt a national strategy and to continue a crusade in health matters in Peru. One of the most depressed regions of the county had been analyzed recently. The impact of the right to health and that of accession to education had also been studied. Health cards would be distributed to all citizens in the near future. With regard to reproductive health, the Government had put in place programmes concerning the prevention of sexually transmitted diseases and other infections. The fight against HIV/AIDS was also a priority and information had been disseminated among youth on the dangers of the pandemic.

With regard to mental health, measures had also been taken to strengthen efforts in that area. The recommendations in the report would be implemented in a comprehensive manner, particularly with regard to mental health. A national strategy would also be adopted with regard to environmental health, which was a factor affecting mental health. Concerning trade negotiations on medical products, all steps were carried out in a transparent manner and based on national policies on acquisition of medicine. The country had an advisory body on the use of medicines and on the application of intellectual property patents for medical products. All areas in Peru deserved to have physical and mental health facilities in order for all citizens to be able to benefit from their right to health.

DORU COSTEA (Romania), speaking as a concerned country, said a mutually useful dialogue had been engaged in with the Special Rapporteur. The mission had contributed to a better understanding by the Special Rapporteur and the Commission of the right to health in Romania. For the Romanian authorities, the mission had contributed to changes in the order of some issues on their list of priorities. The competent bodies were considering the recommendations carefully, and additional action would also follow. The recommendations were generally in accordance with the Romanian Government's vision on the extension of the on-going programmes.

There were two specific comments, on the treatment of persons suffering from tuberculosis, where there was a National Programme of Tuberculosis Control; and on Roma-related issues. Four important goals had been assumed in a "Decade Action Plan for the Roma Inclusion 2005-2015", which included to implement the National Health Programmes in 100 per cent of Roma communities; to guarantee 100 per cent access of Roma to primary medical and pharmaceutical services; to promote intercultural education; and to facilitate the inclusion in the health insurance system of the Roma which did not meet the current legislative criteria due to objective reasons. The Romanian authorities were ready to continue the dialogue with the Special Rapporteur in the years to come.

Interactive Dialogue

KATHERINE VERRIER-FRECHETTE (Canada) expressed appreciation for the Special Rapporteur's continuing efforts to address issues of sexual and reproductive health in his thematic investigations and country visits, and also welcomed his focus on the right to health for persons with mental disabilities. However, she asked whether the Special Rapporteur would consider the full range of informed consent issues with respect to children, women and men, given that such individuals' ability to consent was often impacted by their disabilities.

ALPHONSE BERNS (Luxembourg) asked whether the Special Rapporteur was participating in the drafting of the Convention on the Rights of Persons with Disabilities, and what rights he would specifically stress for inclusion therein. On the subject of informed consent, he also requested additional information on the link between the individual's right to participate in consent with that of their families and guardians.

SERGIO CERDA (Argentina) asked the Special Rapporteur to clarify his position with regard to monitoring procedures. He asked if he meant an ombudsman, or whether he was suggesting other alternatives. He also asked for the Rapporteur's opinion on a variety of issues that Argentina felt would be covered under the draft Convention on Disabilities.

ASTRID HELLE AJAMAY (Norway) highlighted the Special Rapporteur's work regarding persons with mental disabilities and mental illnesses, who were among those most vulnerable to human rights violations. The Special Rapporteur should pursue further elaboration of benchmarks in that regard for achievement of the highest standard of physical and mental health for all. She also asked the Rapporteur to expand on how his background and experience could contribute to the elaboration of the draft Convention on Disabilities.

CLAUDIA PEREZ ALVAREZ (Cuba) noted that the Special Rapporteur was working on the development of standards regarding the impact of poverty on the right to health, and asked whether he intended to include in his study the impact of agreements - either North-South or South-South - which had had positive effects on the right to health. Regarding the link between intellectual property and the provision of essential medicines in the fight against HIV/AIDS, she asked what was his position was with regard to denying the right to hold patents on such medications.

JEAN-PASCAL OBEMBO (Congo) said that the Special Rapporteur had taken up important questions in his report, but he asked what, other than debt relief, could be done to improve the attainment of the right to the highest standard of physical and mental health by developing countries.

GOPAL BAHADUR THAPA (Nepal) noted the Special Rapporteur's reference to specific cases in his country, and said he would be informed of them after investigations were concluded.

PAUL HUNT, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, said he had noted all the remarks made by the countries that had spoken. He expressed his interest in monitoring and following-up the situation in all the countries he had visited. The issue of good practices might assist States in all aspects with regard to physical and mental rights. Without necessarily engaging himself in all aspects, he was able to monitor the situation in many countries. The right to participate by mentally disabled persons was essential. They should be provided with space to express their feelings. At the national level, there was a role for national human rights institutions to be accountable.

General Debate on Economic, Social and Cultural Rights

VOLODYMYR VASSYLANKO (Ukraine) said it was often stressed that all human rights were interrelated and interdependent. Today, there was no doubt about the utmost relevance and importance of civil and political as well as economic, social and cultural rights. Ukraine believed that the two sets of rights, economic, social and cultural rights and civil and political rights, were equally important. To Ukraine, it was evident that the enjoyment of one right was instrumental to enjoy other rights. Neglecting one right always undermined the other rights. For that reason, the promotion of civil and political rights should go hand in hand with the efforts to implement the right to an adequate standard of living, the right to health, food and education. Ukraine paid particular attention to the further strengthening of the implementation of economic, social and cultural rights. In that context, Ukraine supported the work related to the elaboration of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights. Ukraine believed that the adoption of an optional protocol was an essential step to allow victims of violations of economic, social and cultural rights a remedy at the international level.
Since 1 January 2005, the international community had launched a World Programme for Human Rights Education. Ukraine believed that human rights education was important not only for the promotion and protection of human rights but also for general education itself. In particular, human rights education, within the framework of the fulfilment of the right to education, should be considered as the essential part of the comprehensive general education. Respect for human rights required determination and cooperation efforts. It also required legal frameworks at the national and international levels within which individuals and groups could claim their rights. Only that possibility would give human rights their full meaning for every member of every society.

JOSEPH U. AYALOGU (Nigeria) said economic, social and cultural rights were the fruits of the labours of all societies without which no real meaning could be attributed to any human rights per se. They in fact constituted the manifestation of the dignity of persons as reflected in the quality of the life that they led. The international community should attribute equal if not greater attention to economic, social and cultural rights as it did to the enjoyment of civil and political rights. To debate on whether one or the other should assume superiority was a futile exercise. Interminable debates and discourses on this topic would neither advance the material well being of peoples, nor secure their social and cultural rights.

The achievement of all the major objectives of the International Covenant on Economic, Social and Cultural Rights would require concerted and purposeful action at both the national and international levels. There should be international cooperation towards the attainment of the minimum level of development that had been enunciated at various international fora. In Nigeria, much had been achieved in the drive towards the qualitative advancement of the life of all. It would continue to judiciously spend money on such projects and policies to ensure the continued advancement of the welfare of all citizens, as required by the International Covenant.

SUGEESHWARA GUNARATNA (Sri Lanka) said the discourse on economic, social and cultural rights had assumed greater significance this year, in light of the high-level review of the Millennium Goals, which was to take place this fall. The Government of Sri Lanka was currently working with the United Nations Development Programme to publish the official, national report on progress towards achievement of the Goals, he said, noting that successive Governments since independence had implemented free and compulsory education and free health care schemes, including universal preventive immunization, which had had direct bearing on poverty alleviation. These policies had allowed the country to achieve a relatively high standard of human development, with a literacy rate of 91.6 per cent, an infant mortality rate of 17 per thousand live births, and an average life expectancy of 72.3 for both genders. The percentage of the population living on less than $1 per day was 6.6 per cent, and Sri Lanka's overall standing in the 2004 UNDP human development index was 0.73. The country was well on its way to achieving the Millennium Development Goals.

However, he continued, the tsunami disaster last December had represented a massive setback to development in affected coastal regions. The Government, in partnership with relevant stakeholders, was taking necessary measures to address the crisis, while keeping the need to safeguard progress towards achievement of the Millennium Goals. The Government had been able to mobilize in the north and east due to the prevailing ceasefire with the LTTE, and millions of dollars worth of medicine and relief supplies had been delivered. In just three months, the country had moved out of the emergency stage and into the reconstruction and rehabilitation stage. Arrangements had been made for start-up allowances and dry rations to meet essential needs of tsunami victims, and the Government had offered to build, free of charge, new houses for tsunami victims. The challenge ahead was not to be underestimated; in meeting the needs of tsunami victims, the Government must also consider the needs of their unaffected neighbours to avoid creating social inequalities. Overall, three years of peace had contributed to the progressive realization of economic, social and cultural rights, especially in the north and east of the country.

KARINA KORUNOVA (Russian Federation) said that during the conference in New York on assessing the Copenhagen Social Summit and its subsequent conferences, there was a consensus that there were global difficulties encountered by the developing countries in implementing economic, social and cultural rights. It was also agreed that the problem should be faced globally by the international community and not merely by the developing counties themselves. The initiatives taken by the Office of the High Commissioner for Human Rights in encouraging States to provide equal treatment of economic, social and cultural rights together with that of civil and political rights was encouraging. The report of the Independent Expert on the structural adjustment policies and foreign debt was also of great interest.

The Russian Federation had so far been successful in paying off its foreign debt to the International Monetary Fund (IMF) and the Paris Club. It had also been able to write off the debts of developing countries to allow them to divert the funds to their development. Such measures had enabled the heavily indebted developing countries to be relieved of their foreign debt payments. In addition, the Russian Federation had increased its international assistance to developing countries. Its assistance had not only been to economic development but also to the health sector, particularly in the fight against polio and malaria. Many developing countries had benefiting from those measures. Any assistance to economic, social and cultural rights should be provided to the developing countries without any strings attached. The assistance provided in that field should also strengthen the civil and political rights of those countries.

GLAUDINE MTSHALI (South Africa) said it was unfortunate that historically economic, social and cultural rights had been the stepchild of the International Bill of Human Rights. As such, civil and political rights had tended to receive priority over economic, social and cultural rights, thereby fostering the misguided belief in some quarters that only the former were subject to justiciability. Clearly, such a premise was flawed, as it precluded the notion of the progressive realisation of economic, social and cultural rights, and by extension, the full enjoyment of all human rights. The acknowledgement of the justiciability of economic, social and cultural rights stood to consolidate the implementation of such rights.

For South Africa, the progressive realisation of economic, social and cultural rights was an unavoidable development imperative if it were to seriously address the huge inequalities and racially skewed economy that was inherited in 1994. By a deliberate reordering of the Government's budget priorities with the distribution of resources geared towards social spending and the upliftment of the historically-disadvantaged majority, South Africa had been able to ensure the progressive realisation of the rights enshrined in the Constitution. For the majority of the people, who had been denied their economic, social and cultural rights by the apartheid Government, delivery of these rights had loosened the grip of poverty, restored their human dignity, and given them a hitherto unknown sense of belonging.

MUHAMMAD ANSHOR (Indonesia) noted that economic, social and cultural rights had once been considered the second generation of human rights, and had thus been given less priority than civil and political rights. However, their fundamental nature could not be contested, and their realization had been recognized as instrumental to the protection and promotion of civil and political rights, and vice versa. Holding that the universality, indivisibility and interdependence of all human rights was more relevant than ever, Indonesia had guaranteed full protection for economic, social and cultural rights in its 1945 Constitution, its amendments and subsequent legislature. Among other economic, social and cultural rights, the Government attached particular importance to the right to education, which also constituted an indispensable means by which to realize other human rights including women’s empowerment, protection of children, promoting human rights and democracy, environmental protection, and control of population growth.

The Government had implemented a series of measures aimed at incorporating human rights principles more firmly into national development policies to advance the right to education, he said, and had allocated a percentage of its own resources, as well as local government budgets, to ensuring access to education at the grassroots level. To that end, Law 20/2003 on the National Education System had been formulated in accordance with human rights norms and standards, and provided free education for the poor as part of a compulsory nine-year education programme. A plan had also recently been announced, which would provide free basic education as well as free healthcare to the poor. Since 1998, a social safety net programme had been set up to facilitate the people's access to free medication and healthcare. To date, 21 per cent of Indonesians had benefited from them. As noted in the International Covenant on Economic, Social and Cultural Rights, international assistance and cooperation remained paramount to the realization of those rights.

OMAR DAHAB MOHAMED (Sudan) said human rights were indivisible, and it was not possible to consider political rights in isolation from the right to food or the right to cultural diversity. The negative, even devastating effects of poverty, disease, foreign debt and unilateral coercive measures on the basic human rights of peoples could not be disregarded. Referring to the report by the Acting High Commissioner on the situation of human rights in Darfur, which alleged that the Government sought to impede the villagers from returning to their homes, he noted that it contradicted another official United Nations report which commended the authorities in south Darfur for their concrete steps to achieve voluntary return, reconciliation and confidence building..

Sudan agreed with the report of the Special Rapporteur on the transportation and dumping of toxic materials on the disastrous results that transporting such toxic waste could have on the rights to health and to life, and the international community should look further into the issue to ensure that States and industrial companies did not enjoy impunity.

The servicing of foreign debts was a great burden on developing countries, which among other things put them in a situation where they could not fight extreme poverty and serious epidemics. Also, unilateral coercive measures affected the enjoyment of human rights as well as international security and peace. Finally, the Commission should adopt the necessary measures for the culture of peace and the understanding of the other to be part of its work.

XIA JINGGE (China) said that realization of economic, social and cultural rights continued to present a serious challenge to developing countries; the dividends of globalization did not extend to all nations, and many developing countries continued to face the danger of further marginalization in the world economy. For these countries, the percentage of the population living in poverty had continued to increase, their natural ecology and environment had deteriorated, their external debts had mounted, and efforts had been hampered to improve health care and housing conditions. Under such circumstances, the international community should give greater importance to the needs of developing countries. At this year's review of the implementation of the Millennium Development Goals, it was hoped that the international community would seize the opportunity to adopt and implement new measures to facilitate development in developing countries, to follow-through on the Goals, and to achieve balanced global development.

China had a population of 1.3 billion, he noted, and the promotion and realization of economic, social and cultural rights was one of the Government's basic tasks. While guaranteeing the realization of the right to employment, the Government had made tremendous efforts in vocational training by developing and improving the skills and qualifications of its working population. In 2004, China had created 9.8 million new jobs in urban and township areas, exceeding its set target by 800,000. The year-end registered unemployment rate for urban areas and townships was 4.2 per cent. The Government also ensured the workers' right to remuneration, and had increased the average salary and wage level over the years. A preliminary social security system had been established, including a basic pension system in cities and townships; a minimum living standard guarantee system; and medical and unemployment insurance schemes. To give more comprehensive legal protection to farmers, China was drafting a law to safeguard their rights and interests, and had taken steps to cut or exempt the agricultural tax. Additional resources had also been devoted to education.

CORRIGENDUM

In press release HR/CN/05/20 of 23 March, the Right of Reply of the Representative of Mauritania on page 9 should read as follows:

The Representative of Mauritania, speaking in exercise of the right of reply in reference to the statement made by Luxembourg on behalf of the European Union, said Mauritanian legislation did include a provision for capital punishment, however the practice had not been exercised since 1987.


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