Thread by @drtlaleng

There are many important milestones globally related to policy/legislation, health systems & clinical care and in my capacity as UN Special Rapporteur on the Right to health I’m mandated with monitoring the situation of the right to health throughout the world.

I speak often about the need for States to operationalise the right to health and fully ratify the right to health in order to address many issues related to the full realisation of this right; national processes are key in protection, fulfilling & respecting the right to health

This 🧵 is on the importance of the draft new constitution that Chile will vote on on Sunday, specifically regarding the right to health. The draft embraces international human rights and overcomes the shortcomings of the current constitution:

The proposed constitution includes a specific right to health in Article 44. This new article places a strong emphasis on integral health in line with the approaches adopted and encouraged by the @WHO and the #ICESCR

Accordingly, Chileans have the opportunity to approve a constitutional framework that will enable the State of Chile to respond to the full range of health challenges by understanding and addressing health issues comprehensively.

Another key point to highlight in the article is the recognition of the social and environmental determinants of health.

Social and environmental determinants of health reflect the many links between the right to health and other social rights, and the proposed constitution reflects the interconnected and interdependent nature of these rights.

As I have pointed out extensively in previous reports, to achieve substantive equality, an intersectional analysis and approach to the right to health is important. We must look at the structural conditions and power structures that lead to health inequity and poor outcomes.

The intersection of race, class, sex, gender, sexual orientation, immigration status, belonging to an indigenous or minority group, to name just a few, are structural factors that deepen inequality and worsen health outcomes.

The constitutional recognition of these factors would allow the government to design and implement differentiated actions to promote the health of people in vulnerable situations, and represents a very important step forward.

In my reports to HRC and GA, I underscore principles of equality, non-discrimination, solidarity, cultural appropriateness, decentralization and gender equality. This proposal is guided by these very principles. This is a major highlight.

Intersectionality 🤝🏾 human rights woven throughout this constitutional text leads to conditions necessary for substantive equality.

In my HRC report “violence & the impact on the right to health” I recommended that States use all available resources to end violence and ensure sustainable strategy & resourcing for prevention and comprehensive response to violence.

This new Chilean constitution enshrines the right to live free from violence, the right to substantive equality, to water and sanitation, sexual and reproductive rights, the right to comprehensive sexual education and the right to adequate food.

Another important issue is the new article on sexual and reproductive rights. These rights are essential as they enshrine human rights principles of autonomy, informed consent. These are in line with international human rights standards and a welcome move forward.

Anyway, I’m really hopeful about September 4th events in Chile, if the plebiscite has a positive outcome, the successful implementation of the new constitution will require focus and determination. Despite challenges, the approach to the right to health gives me hope.

By integrating economic, social and cultural rights, Chile would join the ranks of numerous countries in Latam and would comply with many of its international obligations, including those stemming from the right to health.