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HRC 53 - Special Rapporteur on the right to health - 22 June 2023
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HRC - Press Conference: Special Rapporteur on the right to health 22 June 2023

ENG
  1. Medium shot, UN Palais with flags
  2. Wide shot and pan down from ceiling of the UN Human Rights Room
  3. SOUNDBITE (English) – Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: “Digital tools have allowed for the analysis of large data sets for prediction, forecasting and therapeutics development. In addition, human contact remains important for primary care and concerns remain that the digital delivery of mental health services, for example, may be an inferior form of health care in comparison to in-person treatment.”
  4. Medium lateral shot, delegates in Human Rights Room with screen of Special Rapporteur Tlaleng Mofokeng
  5. SOUNDBITE (English) – Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: “Telemedicine, telehealth and other digital forms of health care solutions offer great potential for scaling up in terms of physical accessibility and can improve the accessibility to mobile diagnostics, healthcare workers for screening and advice, and delivery of therapeutics for example. Regarding economic accessibility, types of remote health care can be less expensive than in-person health care and can lower the direct and indirect costs of clinic visits, travel or unpaid sick leave.”
  6. Medium shot, delegates from diverse member states
  7. SOUNDBITE (English) – Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: “Digital tools can perpetuate racism, sexism, ableism or discrimination based on sexual orientation or gender identity, among others. This is happening in code, in design and application. And I support the call for design justice, in which technology is designed through diverse and inclusive processes to meet these diverse local needs.”
  8. Close shot, delegates from diverse member states
  9. SOUNDBITE (English) – Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: “Accessibility of information through digital tools should not impair the right to have personal health data treated with confidentiality. It was brought to my attention that on some occasions the sharing of sensitive data can be problematic and potentially dangerous in specific contexts where for example migrants, adolescents and certain sexual orientations, or gender identities, or practices of healthcare procedures are criminalized, or health status could lead to stigmatization.”
  10. Medium shot, speakers at podium
  11. Medium shot, delegates from diverse member states

Human Rights Council report analyses impact of digital technology on the right to health

The use of digital technology in health should not impair the right to have personal health data treated with confidentiality, particularly where already vulnerable people are concerned, UN-appointed independent rights expert told the Human Rights Council on Thursday.

The Special Rapporteur on the right to health, Tlaleng Mofokeng, warned that technology enabled easy sharing of sensitive health data of adolescents, migrants and people whose sexual orientation or health status was subject to discrimination.

“Accessibility of information through digital tools should not impair the right to have personal health data treated with confidentiality,” insisted Ms. Mofokeng. “It was brought to my attention that on some occasions the sharing of sensitive data can be problematic and potentially dangerous in specific contexts where for example migrants, adolescents and certain sexual orientations or practices of healthcare procedures are criminalized, or health status could lead to stigmatization.”

Ms. Mofokeng highlighted the dangerous use of both State and non-State actors in the context of criminalized health services, such as contraception and abortion, where people who seek abortion and individuals who help them face risk of arrest or prosecution. 

In her third report to the Human Rights Council, Ms Mofokeng analyzed the impact on the digital innovation on the right to health but also the impact of digital technology on privacy and data protection.

Digital innovation and technologies for health facilities have been used extensively to manage the health needs during the Covid-19 pandemic and can help access to broader health care.

“Telemedicine, telehealth and other digital forms of health care solutions offer great potential for scaling up in terms of physical accessibility and can improve the accessibility to mobile diagnostics, healthcare workers for screening and advice, and delivery of therapeutics for example,” noted the UN appointed independent rights expert.

Regarding economic accessibility, Ms. Mofokeng said that “types of remote health care can be less expensive than in-person health care and can lower the direct and indirect costs of clinic visits, travel or unpaid sick leave.”

But Ms. Mofokeng warned that technology allows easy sharing of sensitive health data which might be used in police surveillance and law enforcement, “which further creates vulnerable situations for certain groups, for example those with HIV, migrant populations and LGBTIQ+ (lesbian, gay, bisexual, trans and gender-diverse)”.

“Digital tools can perpetuate racism, sexism, ableism or discrimination based on sexual orientation or gender identity, among others in code, design and application”, the UN Special Rapporteur said. “I support the call for “design justice”, in which technology is designed through diverse and inclusive processes to meet diverse local needs.”

The expert called on all stakeholders to respect principles of non-discrimination, equality and privacy and to allow for transparency, accountability and recourse when rights are violated. She also told the Human Rights Council that human contact "remains important for primary care and concerns remain that the digital delivery of mental health services, for example, may be an inferior form of health care in comparison to in-person treatment”.

Special Rapporteurs and other independent experts appointed by the Human Rights Council serve in their individual capacity; they are not UN staff and do not receive payment for their work. 

-ends-

 

Teleprompter
Thank you, Mr Vice President, distinguished delegates and colleagues.
It is a great honour for me to present my third thematic report to the Human Rights Council, which focuses on digital innovation, technology and the right to health.
The 75th anniversary of the Universal Declaration of Human Rights will be observed on 10 December this year.
It is important to_the universality of human rights they.
Are prevention solution, orientated and foundational nature to advance peace security, humanitarian, and the developmental agenda the.
Secretary General Has recognised that digital technologies can advance universal health coverage and thus play an important role in the realisation of the right to health for everyone in.
That regard, I MADE a submission to the 0 draught of the political Declaration Of the **** Level Meeting On universal Health Coverage To be held later this year, led by the President of the General Assembly.
In April this year, I took an official visit to Luxembourg, which was my first visit as a mandate holder.
I'm very grateful for the great level of collaboration with the Government and I look forward to presenting that report of the visit to the Council in June 2024.
I'm also grateful to the Government of Costa Rica for accepting a visit by my mandate and I look forward to visiting the country from the 18th to the 31st of July in 2023.
That report will also be available and presented in June next year.
I have sent additional requests visits to Chile, Liberia and Tanzania, among others, to gather information in situ.
I hope that these visits can materialise and I would like to also continue expressing my availability to Member States for official visits and providing technical cooperation and assistance on issues related to my mandate.
Distinguished Delegates, the report before you is based on an analysis of the contributions received from different stakeholders and experts, as well as on relevant literature and research on digital innovation technologies and the right to health, and I'd like to thank everyone for the information they have provided.
The growth of digital innovation has been rapidly redefining and reshaping the right to health, and it has strengthened the ability of some governments to respect, protect and fulfil human rights by ensuring that all health facilities, goods and services are available, accessible, acceptable and of quality.
Digital transformation tools, if they are developed, used and regulated without consideration for their human rights impact, can enable violations and may undermine economic, social, cultural, civil and political rights, including the right to health, and this report brings insights and recommendations on these matters.
Distinguished delegates in terms of availability of health facilities, goods and services supported by digital innovation and technologies.
Digital technologies have been used extensively to manage the health needs presented by the COVID-19 pandemic.
Telemedicine, telehealth, and other digital forms of healthcare solutions offer great potential for scaling up in terms of physical accessibility and can improve the accessibility to mobile diagnostics, healthcare workers for screening and advice, and delivery of therapeutics, for example.
Regarding economic accessibility, types of remote healthcare can be less expensive than in person healthcare and can lower the direct and indirect costs of clinic visits, travel or unpaid sick leave.
The adoption of technologies, however, should not lead to divestment in underlying determinants of health, medical facilities and services, particularly those serving those in vulnerable situations such as those in rural areas, migrant population, L GB TIQ plus communities and gender diverse persons, indigenous peoples and older persons, among others.
Digital tools can perpetuate racism, sexism, ableism, or discrimination based on sexual orientation or gender identity, among others.
This is happening in code, in design and application, and I support the call for design justice in which technology is designed through diverse and inclusive processes to meet these diverse local needs.
The digital global divide mirrors broader socioeconomic inequalities impacting availability, affordability, gaps between and within countries, between genders, lack of access to hardware, between age groups and across social groups, and different levels of digital literacy.
The right to health includes a right to access sexual and productive health related information and education.
On this, I wish to inform you that in March, together with three other mandate holders, we issued a compendium on sexuality, Comprehensive Sexuality Education that is available online.
Accessibility to information through digital tools should not impair the right to have personal health data treated with confidentiality.
It was brought to my attention that some occasions the sharing of sensitive data can be problematic and potentially dangerous in specific contexts where for example, migrants, adolescents and certain sexual orientation or gender identity or practises of healthcare procedures are criminalised or health status could lead could lead to stigmatisation.
In certain circumstances, companies and public sector bodies can be compelled by law enforcement bodies or agencies or even courts to hand over personal data for criminal investigation purposes.
This intensifies concerns as to how genomic data can be used for capitalistic gains, profiteering as well as criminalization, both state and non state actors.
In the context of criminalised health services such as contraception and abortion care, where people who seek abortion and individuals who help them face risk of arrest or prosecution.
Mobile communication and Geo mapping and search history data can be used as evidence against people accused of having, providing or assisting in an abortion.
This is not good practise.
Another right to health framework in terms of quality, digital tools have allowed for the analysis of large data sets for prediction, forecasting and therapeutic development.
In addition, human contact remains important for primary care and concerns remain that digital delivery of mental health services, for example, may be an inferior form of healthcare in comparison to in person treatment.
I would also like to say some good practises that were brought to my attention.
There are a number of global and national efforts that are now underway to strengthen the governance of digital health.
UN Member States are expected to agree to a Digital Compact at the Summit for the Future in 20/20/2024, which aims to unite stakeholders in outlining shared principles when open, free and secure digital future for all.
Regional bodies are increasingly active in promoting the safeguarding of human rights in relation to digital technologies, health and development.
In addition, to counter the growing complexity and opacity of the global data environment, including its vast information asymmetries, some countries have appointed independent health data privacy oversight bodies.
I would like to conclude by saying that a human rights based approach must also ensure the meaningful participation of civil society and rights holders and communities in the sub national, national, regional and global governance of digital health.
There must be an investment in improving literacy regarding the entire digital pipeline and that the public education must be undertaken to ensure rights holders are informed about their rights.
It is important to adopt A policy approach to the right to health as it allows for transparency, accountability and recourse.
Digital innovation and technologies are an asset to the operationalization of the right to health and they present multifaceted experiences, not all good and also not all bad.
I'm looking forward to continue my cooperation with you in these important matters to ensure that billions of people throughout the world realise the full enjoyment of the right to the highest attainable standard of physical and mental health.
Thank you, Mr Vice President.