Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 28 (2014)

Text of the recommendation

28. Although international human rights instruments refer to States as primary duty-bearers, non-State actors are also charged with the responsibility to respect the right to health. The International Covenant on Economic, Social and Cultural Rights prohibits the violation of human rights enshrined therein not only by States, but also by any “group or person”, clearly implicating the responsibility of non-State actors in the realization of human rights (article 5). The right to health framework further crystalizes this position and provides that while only State parties to the Covenant are thus ultimately accountable for compliance with it, all members of society as well as the private business sector have responsibilities regarding the realization of the right to health. In the context of business corporations and TNCs, several guidelines have been adopted internationally that clarify that business corporations and TNCs have the responsibility to respect human rights, which includes the right to health. The responsibilities of business enterprises are independent of the State’s obligations to realize its obligations towards human rights and also of corporations’ obligations to comply with national laws and regulations.