The United Nations
Commission on Human Rights
April 15, 2005
In a resolution (E/CN.4/2005/L.28) on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, adopted as orally revised and by a roll-call vote of 52 in favour to one against, with no abstentions, the Commission urged States to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of their available resources, with a view to achieving progressively the full realization of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; and called upon the international community to continue to assist the developing countries in promoting the full realization of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, including through financial and technical support as well as training of personnel, while recognizing that the primary responsibility for promoting and protecting all human rights rests with States.
The Commission encouraged States to recognize the particular needs of persons with disabilities related to mental disorders, as well as their families, including by reflecting their needs in national health and social policies, such as national poverty reduction strategies; and called upon them to place a gender perspective at the centre of all policies and programmes affecting women’s health. They also called upon States to protect and promote sexual and reproductive health as integral elements of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and decided to extend, for a period of three years, the mandate of the Special Rapporteur on the right to everyone to the enjoyment of the highest attainable standard of physical and mental health.
The result of the vote was as follows:
In favour (52): Argentina, Armenia, Australia, Bhutan, Brazil, Burkina Faso, Canada, China, Congo, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Finland, France, Gabon, Germany, Guatemala, Guinea, Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania, Mexico, Nepal, Netherlands, Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania, Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom and Zimbabwe.
Against (1): United States.
David Hohman (United States), speaking in explanation of the vote… said the United States believed that while the progressive realization of economic, social and cultural rights required government action, those rights were not an immediate entitlement to a citizen.
Comment: It’s official. “The right of everyone to the enjoyment of the
highest attainable standard of physical and mental health” is “not an immediate entitlement to a citizen” in the United States. We stand alone in denying that right.