The Child s Right to Health as a Tool to End Childhood Obesity

Transcription

1 The Child s Right to Health as a Tool to End Childhood Obesity PhD Fellow Katharina Ó Cathaoir Professor Mette Hartlev Centre for Welfare & Market Integration Faculty of Law, University of Copenhagen Slide 1

2 Outline Obesity and the human right to health Children s right to health and obesity prevention A child s rights approach to health and obesity prevention Slide 2

3 Obesity and the right to health The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health UN, International Covenant on Economic, Social and Cultural Rights (1966), Article 12.1 States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services UN, Convention on the Rights of the Child (1989), Article 24.1 Slide 3

4 Obesity and the right to health The Committee interprets the right to health, as defined in article 12.1, as an inclusive right extending not only to timely and appropriate health care but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions, and access to health-related education and information General comment no. 14 (2000), The right to the highest attainable standard of health, para. 11 (ICESCR) UN, Convention on the Rights of the Child (1989), Article 24.2: children s right to health includes access to treatment, disease prevention, health promotion, including information and education provided for both children and parents regarding the use of basic knowledge of child health and nutrition. Slide 4

5 Children s right and obesity Right to health and other health related rights (CRC): Right to health (Art. 24) Right to life, survival and development (Art. 6) Right to adequate food (Art. 24 and Art. 27) Right to information (Art. 13) Right to play (Art. 31) Best interest of the child (Art. 3) Right to equality and non-discrimination (Art. 2) Right to be heard and to participation (Art. 12) Slide 5

6 CRC responses to obesity CRC General Comment no. 15, The Childs right to the highest attainable standard of health (2013): 47. States should also address obesity in children, as it is associated with hypertension, early markers of cardiovascular disease, insulin resistance, psychological effects, a higher likelihood of adult obesity, and premature death. Children s exposure to fast foods that are high in fat, sugar or salt, energy-dense and micronutrient-poor, and drinks containing high levels of caffeine or other potentially harmful substances should be limited. The marketing of these substances especially when such marketing is focused on children should be regulated and their availability in schools and other places controlled. Slide 6

7 CRC response to obesity Concluding Observations: Obesity is addressed in 32 Concluding Observations to 29 countries ( ) General pattern: Committee is concerned and recommend States Parties to do something (often to inform and educate children, parents and the general public) Some Concluding Observations specify the concerns and the recommended measures Some Concluding Observations link concern for obesity to other issues, e.g. malnutrition in general, lack of equality (indigenous population, rural areas) and low breast feeding rates A few Concluding Observations are specifically concerned with exposure to poor nutrition and marketing and recommends e.g. to regulate marketing and control exposure in schools and other places frequented by children Slide 7

8 Other HR responses to childhood obesity High commissioner for Human rights on the Right of the child to the enjoyment of the highest attainable standard of health (2012) para 41-44: Ensuring adequate nutrition for infants and young children plays a key role (para 43) Obesity in children can be addressed by promoting healthy eating habits and physical exercise. Together with parental education, regulating advertising and promotion of unhealthy food and beverages can limit children s exposure to them (para 44) Concerns regarding the stigmatization of obese children by medical personnel (para 42) Slide 8

9 Other HR responses to childhood obesity Report of the Special rapporteur on right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover: Unhealthy foods. Noncommunicable diseases and the right to health (2014), para 38: States are required to Address obesity in children, Limit children s exposure to unhealthy food and other harmful substances Regulate marketing of such foods Control their availability in schools and other places frequented by children Ensure effective health education and awareness programs, Ensure the availability of healthy food options at institutions serving children Slide 9

10 Focus on: Information and education of children, parents and the general public Promoting healthy eating habits and physical exercise Limit exposure to unhealthy food and beverages Regulating marketing Controling availability in e.g. schools and other places frequented by children Ensure the availability of healthy food options Awareness regarding stigmatization Slide 10

11 A child rights based approach to health and obesity A child rights based approach to health aims at: Building the capacities of rights holders and duty bearers through crafting an enabling environment and pursuing empowerment of children and accountability of States Parties Realising children s right to health and other health related rights Taking notice of the interdependence, indivisibility, interrelatedness and universality of rights, respect for human dignity, progressive autonomy of the child, family unity and gender sensitivity AND Guided by the CRC general principles (best interest og the child, right to life, right to non-discrimination and right to participation) Katharina O Cathoir, identified based on content analyses of CRC General Comments, Slide 11

12 Acknowledgements: PhD Fellow Celine Brassart Olsen and other colleagues in Governing Obesity More information about Governing Obesity on Slide 12