for the most vulnerable. For instance, the Convention on the Rights of Disabled
Persons reaffirms the universal protection of the right to adequate health and
establishes that the disabled have the right to receive specialised health care services.
Articles 10, 11, 12 and 14 of the CEDAW address the right to health for women,
including access to family planning and other health services. The CRC contains
numerous provisions relating to the life, welfare and health of children (most notably
articles 6, 19, 23 and 24). In particular, Article 24 elaborates in great detail the right
of children to access health facilities, amongst other aspects. Reducing child and
maternal mortality are also encapsulated in targets 4 and 5 of the Millennium
Development Goals (MDGs).
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Combating Malnutrition and Unhealthy Lifestyles. The right to the highest
attainable standard of physical and mental health in Article 12 of the ICESCR
implies access to a healthy diet and lifestyle. Malnutrition has long been a focus of
international development efforts, and is a growing concern in relation to climate
change. For instance, the Universal Declaration on the Eradication of Hunger and
Malnutrition states that “every man, woman and child has the inalienable right to be
free from hunger and malnutrition in order to develop fully and maintain their
physical and mental faculties.”330 In addition, the first of the MDGs is to eradicate
extreme poverty and hunger, with target 1C being to halve, between 1990 and 2015,
the proportion of people who suffer from hunger.
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Promoting a Healthy Environment. Article 12.2(b) of the ICESCR mentions the
improvement of environmental and industrial hygiene. States have also committed to
promoting a healthy environment in a host of Multilateral Environmental
Agreements (MEAs), many of which entered into force in the past 20 years.
Prominent examples include the UNFCCC (specifically on the topic of climate
change), the United Nations Convention on Biological Diversity (UNCBD), and the
United Nations Convention to Combat Desertification (UNCCD). Further, concerns
about healthy environments and sustainable development more generally are also
being integrated into non-environmental treaties. For example, the preamble to the
1994 World Trade Organisation Agreement mentions sustainable development.
Numerous Regional Trade Agreements also include provisions relating to the
promotion of healthy environments and human health.
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Obligation to Cooperate against Global Epidemics. The risk of global
pandemics is an increasing concern in relation to climate change. Since 2007, the 194
State parties to the International Health Regulations (IHRs) have been implementing
this legally binding document, which provides a new framework for the coordination
of the management of events that may constitute a public health emergency of
international concern. The objective of the IHRs is to improve the capacity of all
countries to detect, assess, notify and respond to public health threats. Each State
party has new obligations to prevent and control the spread of disease inside and
outside their borders, and to report potential public health emergencies of
international concern to the WHO. To this end, States are expected to develop and
maintain key disease surveillance capabilities.331
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