Item 10: The right of everyone to the enjoyment of the highest attainable standard of physical and mental health (Brazil)

L.28

Explanation of Vote
Statement Delivered by David Hohman
U.S. Delegation to the 61th Commission on Human Rights

April 15, 2005

Mr. Chairman,

My delegation is not in a position to agree to PP1 or PP2 of this resolution for the same reasons we outlined during our consideration of the resolution on Access to Medications.
We have requested that the co-sponsors use standard language in PP1 that is contained in other resolutions that either recalls treaties to which not all states are party or that has states parties reaffirming their obligations pursuant to treaties to which they have become a party. There are a number of ways to remedy this paragraph, but we continue to find no flexibility on the part of co-sponsors to accommodate our concerns.

With respect to PP2, the United States believes that while the progressive realization of Economic, Social and Cultural rights requires government action, these rights are not an immediate entitlement to a citizen. Sovereign states should determine--through open, participatory debate and democratic processes--the combination of policies and programs they consider will be most effective in progressively realizing the needs of their citizens,
including health care. We regret that this view was not articulated in the text.
PP27 opens with, "Stressing the importance of monitoring and analyzing the pharmaceutical and public health implication of relevant international agreements, including trade agreements..."

This language is vague and it is unclear who would do the monitoring and determine which trade agreements are relevant. Such vagueness creates the likelihood that unconstructive and invalid assessments of trade agreements would result. We do not, for example, believe it is appropriate for, or within the mandate of, the High Commissioner for Human Rights or the World Health Organization to monitor trade agreements. We therefore cannot support such language and believe that this paragraph is inappropriate for this resolution.

Mr. Chairman,

There are numerous references in the text to "disabilities related to mental disorders." There was considerable discussion during the negotiations of this resolution with a view to finding terminology that could receive wide support. Unfortunately, the co-sponsors were not willing to accept proposals that are grounded in accepted usage. We regret this was not possible.

Mr. Chairman,

PP6 welcomes the report of the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health and OP 19 decides to renew the mandate of the Special Rapporteur for three years.

We do not welcome the Special Rapporteur's report and we do not support renewing his mandate, which we believe he has exceeded. In his report to the Commission this year, the Special Rapporteur treats public and private sector obligations as one and the same and fails to explain the relative responsibilities of the two spheres. The report also conflates the right of access to quality health care, an aspirational goal of a right to a healthy state of being, with rights to certain entitlements.

For these reasons, Mr. Chairman, my delegation asks that the adoption of this resolution be decided by a recorded vote.

Thank you.