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Protection of Healthcare in Armed Conflict

A/HRC/RES/62/20View PDF

Who adopted this document and its mandates?

A Resolution of the Human Rights Council, under agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2026.

What subjects does this mandate have?

7 subjects
Disaster PreparednessDisaster PreventionHealth Care DeliveryHealth CentresHealth PersonnelHuman Rights in Armed ConflictsRight to Health

What’s in this document?

39 operative paragraphs
1
Affirms the obligations of States under international human rights law, as applicable, and of States and parties to armed conflict under international humanitarian law to respect and protect medical facilities, personnel and transport and the wounded and sick, as well as the right to the enjoyment of the highest attainable standard of physical and mental health and access to healthcare for populations affected by and/or involved in armed conflict, including situations of occupation;
2
Also affirms that the obligation of States, under international human rights law, as applicable, to respect, protect and fulfil the right to the enjoyment of the highest attainable standard of physical and mental health in armed conflict, including situations of occupation, includes reducing the causes of ill health and ensuring, without discrimination, the availability, accessibility, acceptability and quality of healthcare and addressing the underlying determinants of health, including safe drinking water and sanitation, adequate food and housing, education, work and a clean, healthy and sustainable environment;
3
Recognizes that the right to life also contains the obligation of States to take positive measures, which include measures to ensure equal access to healthcare, especially in life-threatening circumstances;
4
Strongly condemns all acts that constitute violations of international humanitarian law or international human rights law, as applicable, with regard to the right to the enjoyment of the highest attainable standard of physical and mental health during armed conflict, which may include the destruction or severe degradation of healthcare systems, the obstruction or restriction of or the limiting of access to medical facilities, goods and services, including medical supplies, equipment and essential services that enable their functioning, direct attacks on medical personnel, facilities and transport, as well as on the wounded and sick, the criminalization of the provision of healthcare and the obstruction of access to healthcare;
5
Demands that medical facilities, such as hospitals and other facilities organized for and exclusively assigned to medical purposes, be respected and protected at all times, that medical facilities not be attacked or misused outside their humanitarian functions to commit acts harmful to the enemy and that access to them not be hindered;
6
Affirms that intentional attacks directed at medical facilities constitute a violation of the principle of distinction under international humanitarian law, which obliges parties to armed conflict to refrain from attacking medical personnel, facilities, material and transport unless they are used to commit hostile acts outside their medical and humanitarian functions and only after an effective warning has been issued, a reasonable time limit has been set and such warning has remained unheeded;
7
Expresses grave concern that healthcare continues to be systematically threatened in conflict zones, demonstrating a widespread disregard for legal protections of the right to the enjoyment of the highest attainable standard of physical and mental health and undermining both immediate medical care and the broader functioning of health systems;
8
Underscores the need for effective measures to prevent attacks on healthcare, strengthen the protection of healthcare personnel, facilities and transport and ensure compliance with applicable international human rights law and international humanitarian law, especially in the midst of armed conflict, including situations of occupation;
9
Encourages States and donors to provide funding, including for physical and mental health and psychosocial support, for healthcare workers in conflict-affected settings, including through emergency funds to mitigate the impacts of attacks, and support research and evidence collection on the impact of armed conflict on healthcare delivery;
10
Stresses the need for effective measures to guarantee and monitor the implementation of, promote respect for and ensure compliance with international human rights law and international humanitarian law in respect of the protection of civilian populations and access to healthcare and the prohibition of attacks on healthcare services during armed conflict;
11
Affirms the principles of accountability, justice and the rule of law, and recognizes the right of victims of attacks on healthcare to access effective remedies and justice through appropriate national mechanisms and, where applicable, international mechanisms, in accordance with international law;
12
Encourages States, United Nations agencies, funds and programmes, international organizations, non-governmental organizations and civil society organizations to enhance cooperation and coordinate actions for the protection of healthcare in armed conflict through, inter alia, facilitating data-sharing, pooling resources and promoting robust measures to protect healthcare during armed conflict, including situations of occupation;
13
Calls upon States and all parties to armed conflict, in accordance with their obligations under international law, to:
a
Refrain from all acts that would constitute violations of international humanitarian law, including direct attacks on healthcare workers, facilities, goods, services, units, material and transport, as well as on the wounded and sick;
b
Refrain from all acts that would constitute violations of the right to the enjoyment of the highest attainable standard of physical and mental health during armed conflict, especially as a conflict strategy, including the destruction or severe degradation of healthcare systems, the criminalization of the provision of healthcare, the obstruction of access to healthcare and interference with the provision of health services;
c
Integrate, as applicable, the protection of healthcare into health and humanitarian programmes in conflict-affected areas and high-risk settings and enhance the resilience of health systems and their ability to maintain essential health services, including through ongoing contextual analysis and risk assessment, preparedness planning and capacity-building, awareness-raising, health service and programme adaptation and the taking of measures to strengthen the resilience and continuity of essential health services;
d
Take all feasible precautionary measures to spare healthcare facilities and workers from the effects of attacks, including by giving effective advance warning of attacks that may affect any civilian population or civilian objects;
e
Verify, on the basis of specific information available from credible sources, allegations that medical facilities are being used outside their humanitarian function before taking any action that may affect their protection;
f
Take, as appropriate, effective measures to strengthen the protection of healthcare infrastructure and enhance its resilience through context-specific risk mitigation measures, including contingency planning, early warning systems and proactive security measures, context-specific health planning and other measures aimed at preventing and reducing the impact of attacks on healthcare;
g
Take effective measures to protect critical enabling services such as water, sanitation, electricity, fuel, oxygen supply, communications, medical supply chains, sterilization systems and access routes necessary for the functioning of medical facilities;
h
Take steps to enhance responsiveness and strengthen health systems’ capacity to maintain essential healthcare services and to continue functioning under the strains associated with armed conflict and responding effectively to the increased health needs arising from mass casualty incidents, disease outbreaks, population displacement and disruptions to health service delivery;
i
Refrain from militarizing medical facilities, goods, services and transport and from using medical facilities to commit hostile acts outside their medical and humanitarian functions;
j
Promote awareness of and disseminate information on the obligations of States and parties to armed conflict under international human rights law, as applicable, and international humanitarian law to respect and protect healthcare, including among armed forces and civil defence and law enforcement officials, as well as among healthcare workers and the broader public;
k
Provide healthcare workers with adequate protection in situations of armed conflict, including situations of occupation, particularly against attacks including assaults, intimidation, harassment, ill-treatment, threats, kidnapping and killing, in addition to detention and arrest and prosecution;
l
Refrain from compelling medical professionals and healthcare workers to carry out activities that are contrary to medical ethics or prevent them from fulfilling their medical duties in accordance with applicable international human rights law and international humanitarian law;
m
Develop, as applicable, policies and programmes to provide healthcare workers with access to mental health and psychosocial support, including in the context of armed conflict and humanitarian emergencies;
n
Develop and implement, as applicable, training and capacity-building programmes for healthcare workers and relevant stakeholders to strengthen preparedness and response in conflict settings, including on medical ethics, negotiation of access, protection of healthcare, trust-building and communication in emergencies;
o
Allow and facilitate rapid and unimpeded humanitarian access to civilians in need and ensure the safety and security of medical personnel and humanitarian assets;
p
Provide, facilitate and ensure equitable access to medicines, vaccines and primary healthcare services, including mental health and psychosocial support, for all people affected by armed conflict, without discrimination, while paying particular attention to the health needs of persons rendered vulnerable by armed conflict, including internally displaced persons, women, children, older persons, persons with disabilities and patients with chronic diseases;
q
Ensure, as applicable, through legislative and other measures, that the ethical and impartial provision of medical care is not criminalized, irrespective of the identity or affiliation of the patient, and refrain from interfering with the duty of health professionals to carry out their work in accordance with medical ethics;
r
Strengthen, as applicable, community engagement in protecting healthcare and in supporting healthcare system resilience, including through community structures and partnerships that promote trust, participation and local leadership in health response, and contribute to the continuity of essential services and the rapid restoration of services disrupted following attacks or emergencies;
s
Develop and implement effective measures to prevent and address acts of violence, attacks and threats against medical personnel and humanitarian personnel exclusively engaged in medical duties, their means of transport and equipment, as well as hospitals and other medical facilities, in armed conflict, including situations of occupation, including, as appropriate, through the development of national legal and policy frameworks to ensure compliance with relevant international law obligations and through the systematic collection, analysis and sharing of data on attacks on healthcare, including obstruction, threats and physical attacks;
t
Ensure effective monitoring and documentation of attacks on healthcare, the misuse of medical facilities and transport and violations of the right to the enjoyment of the highest attainable standard of physical and mental health during armed conflict, including through establishing and strengthening data-collection and analysis systems to inform prevention and response efforts;
u
Strengthen integration and coordination among monitoring mechanisms and mechanisms that collect data to support a comprehensive and reliable global database to enhance healthcare and ensure accountability for violations and abuses through national justice systems and, where applicable, international justice mechanisms;
v
Establish and/or strengthen, as applicable, access to justice mechanisms to address violations of international humanitarian law and violations and abuses of international human rights law during armed conflict, including situations of occupation, and provide access to remedies for such violations and abuses, including restitution, compensation, guarantees of non-recurrence and satisfaction;
14
Encourages relevant United Nations agencies, funds and programmes, other international organizations, treaty bodies and special procedure mandate holders, within their respective mandates, to enhance efforts to protect healthcare and promote the enjoyment of the highest attainable standard of physical and mental health during armed conflict, including situations of occupation, and in post-conflict situations, including by supporting States in strengthening surveillance systems, analytical capacity and reporting mechanisms for attacks on healthcare and by providing technical assistance for data collection, verification and use of evidence for prevention and accountability purposes;
15
Decides to convene, at its sixty-sixth session, an expert-level panel discussion with the participation of States, relevant United Nations agencies, funds and programmes, in particular the World Health Organization, the International Committee of the Red Cross, academics, health experts, non-governmental organizations and national human rights institutions, with the objective of exchanging experiences and good practices, identifying challenges and opportunities, enhancing understanding of the protection of healthcare during armed conflict, including situations of occupation, and outlining and clarifying relevant obligations under international human rights law and international humanitarian law;
16
Requests the Office of the United Nations High Commissioner for Human Rights to prepare an analytical summary report on the panel discussion and to submit it to the Human Rights Council at its sixty-seventh session;
17
Decides to remain seized of the matter.

Table of contents

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