Universal Periodic Review (UPR)
TOOLKIT: Leveraging the Universal Periodic Review to Advance the Rights of Women and Girls to the Highest Attainable Standards of Health
By Daniel Uribe Terán
This Toolkit serves as an operational guide for State officials, policymakers, civil society organisations (CSOs), national human rights institutions (NHRIs), and healthcare professionals on how to leverage the United Nations Human Rights Council’s Universal Periodic Review (UPR) mechanism. The primary focus is advancing the rights of women and girls to the highest attainable standards of physical and mental health, with a specific focus on Sexual and Reproductive Health and Rights (SRHR).
The toolkit outlines the international normative frameworks, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), that establish state obligations to respect, protect, and fulfil these rights, as set out in the availability, accessibility, acceptability, and quality (AAAQ) framework. It details evidence-gathering strategies using a Human Rights-Based Approach to Data (HRBAD), guidelines for drafting impactful stakeholder or “shadow” reports, and the integration of specific, measurable, achievable, relevant, and time-bound (SMART) recommendations. Furthermore, it emphasises national implementation mechanisms, showcasing digital tracking innovations like Paraguay’s System for Monitoring Recommendations (SIMORE) and the Pacific region’s Integrated Management and Planning of Actions Open Source Software (IMPACT OSS). Real-world state reporting dynamics are illustrated through 4th-cycle UPR report excerpts from Mexico, South Africa, and Costa Rica.
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UN Human Rights Council Resolutions on Access to Medicines and the Use of TRIPS Flexibilities: A Review
By Nirmalya Syam
This paper reviews almost twenty years of the United Nations Human Rights Council’s (UNHRC) work on access to medicines. The UNHRC has repeatedly framed access to medicines as part of the right to health and has urged States to rely on flexibilities in the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) to make essential treatments more affordable. Although the UNHRC has strengthened the human rights foundation for using such flexibilities, its resolutions have produced little change on the ground. The commitments embodied in the UNHRC resolutions stay broad and non-binding, leaving the deep structural barriers in place, including restrictive intellectual property (IP) clauses in trade deals, pressure from powerful States, limited technical and manufacturing capacity, and weak policy coordination within governments. Moreover, several recent resolutions reaffirm the value of IP protection, which creates tension that dilutes the Council’s support for the wider use of TRIPS flexibilities. The paper finds that the main gap between global human rights commitments and national action on advancing access to medicines reflects political choices and structural barriers, and concludes by calling for stronger mandates for States to review access barriers during the Universal Periodic Review, increased technical assistance from the Office of the High Commissioner for Human Rights, more civil society participation, national right-to-health action plans, and systematic monitoring of TRIPS implementation.
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The Implementation of the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas: what is next?
By Luis Fernando Rosales Lozada
The UN Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP) was adopted in December 2018. However, its application seems challenging. The South Centre organized a virtual meeting to discuss the implementation of the UNDROP on 4th June 2021, aiming to promote a debate about future actions to move forward the implementation of the UNDROP. The meeting provided an opportunity to listen to the views of government representatives, peasants’ associations, civil society organizations and academia. During the meeting, different questions were discussed such as how the current health and social crisis, caused by the COVID-19 pandemic, has impacted the situation of peasants, the role of the UNDROP in promoting and protecting peasants’ rights, the latest developments in the realization of the rights of peasants under the UNDROP and what steps are needed to promote its implementation.
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