International instruments for the recognition, use, protection and regulation of traditional medicines of the Americas
The document includes declarations, conventions, covenants, agreements, reports, consensuses and resolutions issued worldwide, aimed at the recognition, use, protection and regulation of Traditional Medicines, as well as the recognition of the individual and collective health rights of the indigenous, Afro-descendant, Roma and other ethnic peoples of the Americas region.
International instruments for the recognition, use, protection and regulation of traditional medicines of the Americas
- Universal access to health – “Health for all”
- Primary Health Care – PAHO/WHO
- Human Rights
- Rights for Afrodescendants
- Rights for Indigenous Peoples:
- Rights for the Roma People
- Sustainable Development
- Social Determinants of Health
- Racial discrimination
- Biological Diversity
- Traditional Medicine
- Intercultural Health Policies
-Ottawa Charter. Issued and adopted at the First International Conference on Health Promotion held in Ottawa (Ontario, Canada) from November 17-21, 1986, seeking to reinforce the commitment of the attending countries to achieve the goal of Health for All by the year 2000.
https://www.who.int/publications/i/item/WH-1987
-PAHO/WHO Resolution CD53.R14 (2014), approves the Strategy for Universal Access to Health and Universal Health Coverage and states that it is aware that “… universal access to health and universal health coverage imply that all individuals and communities have access, without discrimination, to adequate, timely, quality, comprehensive health services, determined at the national level, according to needs…”.
-CD53/5, Rev. 2 Anexo A. Proposed Resolution Approving PAHO/WHO Document CD53/5, 2014 on the Strategy for Universal Access to Health and Universal Health Coverage. This strategy aims to “imply that all people and communities have access, without any kind of discrimination, to comprehensive, appropriate and timely, quality health services determined at the national level according to needs, as well as access to safe, effective, and affordable quality medicines, while ensuring that the use of such services does not expose users to financial difficulties, especially groups in conditions of vulnerability.”
https://iris.paho.org/bitstream/handle/10665.2/28276/CD53-5-e.pdf?sequence=1&isAllowed=y
-Alma-Ata Declaration, from the International Conference on Primary Health Care held in Almaty, Kazakhstan, from September 6th to 12th, 1978. It calls for the promotion and implementation of primary health care, which is essential to achieve a level of health that enables all individuals to lead socially and economically productive lives and contribute to the attainment of the highest possible level of health. The Declaration defines health as a state of complete physical, mental, and social well-being, and underscores it as a fundamental human right for which governments have the responsibility.
Declaration of Alma-Ata – PAHO/WHO | Pan American Health Organization
-San Salvador Protocol. OAS. 1988, in force since 1989. Additional Protocol to the American Convention on Human Rights regarding Economic, Social, and Cultural Rights. The participating states commit to ensuring the exercise of rights without any discrimination based on race, color, sex, language, religion, political views, or any other factors, national or social origin, economic status, birth, or any other social condition. Regarding the right to health, understood as the enjoyment of the highest attainable standard of physical, mental, and social well-being, primary health care must be guaranteed. This includes essential health care made accessible to all individuals and families within the community.
protocol-san-salvador-en.pdf (oas.org)
-“Renewing Primary Health Care in the Americas.” Pan American Health Organization, Washington, D.C., 2007. This document aims to “…serve as a reference for all countries that intend to strengthen their health care systems, bringing health care closer to people living in urban and rural areas, regardless of their gender, age, ethnic group, social status, or religion.”
-“Astana Declaration, Global Conference on Primary Health Care: From Alma-Ata towards Universal Health Coverage and the Sustainable Development Goals,” October 2018. World Health Organization and the United Nations Children’s Fund UNICEF. This declaration reaffirms the commitments, values, and principles of the 1978 Alma-Ata Declaration and the 2030 Agenda for Sustainable Development. It also commits to establishing sustainable primary health care in countries, utilizing both scientific and traditional knowledge to strengthen it and ensure access for all individuals to appropriate care, while respecting their rights, needs, dignity, and autonomy, including the use of traditional medicines where appropriate.
https://www.who.int/docs/default-source/primary-health/declaration/gcphc-declaration.pdf
-Recommendations from the High-Level Commission Report “Universal Health in the 21st Century: 40 Years of Alma-Ata” (2019), establish that models of care based on Primary Health Care should be developed from the perspective of the key actors. These models should be centered on individuals and communities, taking into consideration human diversity, interculturality, and ethnicity. Furthermore, mechanisms for genuine, profound, inclusive, and accessible social participation should be generated, with a diversity perspective, to ensure the full exercise of the right to health.
-Universal Declaration of Human Rights, proclaimed and adopted by the United Nations General Assembly on December 10, 1948. It recognizes the right of individuals “to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, and medical care and necessary social services; and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” (Article 25).
Universal Declaration of Human Rights | OHCHR
-American Declaration of the Rights and Duties of Man. Approved at the Ninth International American Conference in Bogotá, Colombia, 1948, by the Inter-American Commission on Human Rights. It establishes that all men are born free and equal in dignity and rights without distinction of race, sex, language, creed, or any other factor.
AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN
-International Covenant on Economic, Social and Cultural Rights (ICESCR) – Adopted and opened for signature, ratification, and accession by the United Nations General Assembly in its resolution 2200 A (XXI) on December 16, 1966; it entered into force on January 3, 1976. It recognizes the right of every person to enjoy the highest attainable standard of physical and mental health, and that the right to health, as a human right, is closely related and dependent on the exercise of other human rights, such as the rights to life, freedom from discrimination, equality, personal liberty, personal integrity, association, assembly and mobilization, food, housing, employment, and education.
International Covenant on Economic, Social and Cultural Rights | OHCHR
-American Convention on Human Rights – Pact of San Jose, Costa Rica – signed at the Specialized Conference on Human Rights (B-32) in San Jose, Costa Rica, from November 7 to 22, 1969. It established, among other things, that States are responsible for social security for all members of families, without distinction of race, color, sex, language, religion, or political beliefs.
AMERICAN CONVENTION ON HUMAN RIGHTS “PACT OF SAN JOSE, COSTA RICA” (B-32)
-Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries, adopted by the International Labour Organization (ILO) in 1989, Article 24 states: “Social security schemes shall be extended progressively to the peoples concerned, and applied without discrimination.” Article 25 further establishes that efforts should be made “to ensure that the peoples concerned have access to health services providing the maximum possible preventive, curative and rehabilitative care, taking into account their economic, geographic, social and cultural conditions.” This convention emphasizes the importance of providing appropriate health services to indigenous and tribal peoples and empowering them to organize and manage these services themselves.
Indigenous and Tribal Peoples Convention, 1989 (No. 169) | OHCHR
-Resolution 47/135. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by the United Nations General Assembly on December 18, 1992. This declaration states that States shall protect the existence and identity of national or ethnic, cultural, religious, and linguistic minorities within their respective territories and shall take measures to enable them to express their characteristics and to develop their culture, language, religion, traditions, and customs.
-Inter-American Democratic Charter. Approved by the Member States of the OAS during a Special Session of the General Assembly held on September 11, 2001, in Lima, Peru. It constitutes a collective commitment to maintain and strengthen the democratic system in the region and establishes a set of essential values and rights, such as the elimination of all forms of discrimination, especially gender, ethnic, and racial discrimination, and various forms of intolerance. It also emphasizes the promotion and protection of the human rights of indigenous peoples and migrants, as well as the respect for ethnic, cultural, and religious diversity in the Americas.
OAS :: Inter-American Democratic Charter
-Andean Charter for the Promotion and Protection of Human Rights, adopted by the Andean Presidential Council in Guayaquil, Ecuador, on July 26, 2002. In this charter, the participating countries reaffirmed their commitment to fulfill and enforce the rights and obligations enshrined in the International Covenant on Economic, Social and Cultural Rights. Among other measures, they aimed to achieve the highest possible level of physical and mental health. For indigenous peoples and Afro-descendant communities, the charter reaffirms their right to preserve and develop their own identities, promote intercultural programs, advocate for their human and collective rights, and protect their collective ancestral knowledge and the practice of their traditional customs.
Andean Charter for the Promotion and Protection of Human Rights (refworld.org)
-Document E/C.12/GC/20. General Comment No. 20, Non-discrimination in economic, social and cultural rights (Article 2, paragraph 2 of the International Covenant on Economic, Social and Cultural Rights). United Nations Economic and Social Council, Committee on Economic, Social and Cultural Rights, May 2009. This document expresses concern about formal and substantive discrimination against various rights under the Covenant against indigenous peoples and ethnic minorities – such as discrimination on grounds of “race and color,” which includes the ethnic origin of individuals. It urges States to refrain from discrimination and to adopt measures to eliminate discrimination in the exercise of Covenant rights, with the participation of discriminated populations in decision-making processes regarding the selection of such measures.
-Social Charter of the Americas, by the Organization of American States, approved during the second plenary session on June 4, 2012. In this charter, States reaffirm their responsibility and commitment to improving the availability, access, and quality of healthcare services. They recognize the contributions of indigenous and Afro-descendant peoples to the continental and insular historical process. The charter establishes the need to adopt policies to promote inclusion, prevent, combat, and eliminate all forms of intolerance and gender, ethnic, and racial discrimination to safeguard equality of rights. States also commit to valuing, respecting, promoting, and protecting diversity and cultural dialogue.
OAS :: SLA :: Department of International Law (DIL) :: Inter-American Treaties
-The Rapporteurship on the Rights of Afro-descendants and against Racial Discrimination of the Inter-American Commission on Human Rights (IACHR) was established during the 122nd Regular Session held from February 23 to March 11, 2005. The Rapporteurship was entrusted with the role of promoting, systematizing, strengthening, and consolidating the actions of the Inter-American Commission concerning the rights of individuals of African descent and against racial discrimination.
OAS :: IACHR :: Rapporteurship on the Rights of Afro-Descendants :: Thematic Reports/Studies
-Resolution A/RES/64/169. The United Nations General Assembly, during its sixty-fourth session on December 18, 2009, proclaimed the year 2011 as the International Year for People of African Descent. The aim was to strengthen national measures and regional and international cooperation for the benefit of Afro-descendants concerning the full enjoyment of their economic, cultural, social, civil, and political rights, their participation and integration in all aspects of political, economic, social, and cultural life, and the promotion of greater awareness and respect for the diversity of their heritage and culture.
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N09/471/97/PDF/N0947197.pdf
-General Recommendation No. 34, CERD/C/GC/34, on racial discrimination against Afro-descendants. Approved by the Committee on the Elimination of Racial Discrimination (CERD) on October 3, 2011. This recommendation establishes that Afro-descendants have the right to exercise, without any discrimination, individually or collectively, the right to protect their traditional knowledge and cultural and artistic heritage. Additionally, States must, apart from collecting disaggregated data of the population, ensure equal access of Afro-descendants to healthcare and social security services and involve them in the design and implementation of health programs and projects
-AG/RES. 2708 (XLII-O/12) Recognition and Promotion of the Rights of Afro-Descendants in the Americas. Approved during the second plenary session of the Organization of American States (OAS) held on June 4, 2012. This resolution condemns the practices of racism, discrimination, and intolerance faced by Afro-descendants in the Hemisphere and urges States to adopt necessary measures to address and combat these practices.
-AG/RES. 2708 (XLII-O/12) Recognition and Promotion of the Rights of Afro-Descendants in the Americas. Approved during the second plenary session of the Organization of American States (OAS) held on June 4, 2012. This resolution condemns the practices of racism, discrimination, and intolerance faced by Afro-descendants in the Hemisphere and urges States to adopt necessary measures to address and combat these practices.
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N13/453/67/PDF/N1345367.pdf
-Resolution A/RES/69/16. The United Nations General Assembly, during its sixty-ninth session on November 18, 2014, approves the Programme of Activities for the International Decade for People of African Descent and urges Member States to plan and implement these activities in full consultation and collaboration with Afro-descendants.
-Resolution 2891 (XLVI-O/16), OAS, Plan of Action for the Decade of Afro-Descendants in the Americas, approved during the second plenary session of 2016. This resolution sets objectives including the promotion of an ethnic-racial, intercultural, and Afro-descendant equality approach in national health policies. It also aims to encourage the inclusion of the Afro-descendant perspective in the social determinants of health through intersectoral policies and to promote the creation of health programs tailored to this population.
-Vienna Declaration and Programme of Action, approved by the World Conference on Human Rights on June 25, 1993, in Vienna-. It recommended that States ensure the full and free participation of indigenous populations in all aspects of society and take positive, concerted, and internationally aligned measures to respect all human rights and fundamental freedoms of these populations. This should be based on equality and non-discrimination, as well as the recognition of the value of cultural diversity. The creation of a Permanent Forum for Indigenous Peoples within the United Nations system was also recommended.
Vienna Declaration and Programme of Action | OHCHR
-Resolution V, “Health of Indigenous Peoples,” approved by the XXXVII Meeting of the PAHO/WHO Executive Committee. Resolution CD37.R5 from the fourth plenary session of PAHO, held on September 28, 1993, approves Document CD37/20, the Indigenous Peoples’ Health Initiative of the Americas (SAPIA), and the report of the Working Meeting in Winnipeg, Manitoba, Canada in 1993. The resolution is based on the conclusions and recommendations of the meeting and urges governments to promote the transformation of health systems, support the development of alternative models of care for indigenous populations within the framework of local health systems (SILOS), including traditional medicine, and encourage research on their quality, safety, and initiatives to enhance information about the health of indigenous peoples.
HEALTH OF INDIGENOUS PEOPLES – RESOLUTION VI 15-Eng IND8 (paho.org)
https://www.paho.org/es/documentos/resolucion-cd37-r5
-Declaration of Principles signed by the Heads of State and Government attending the First Summit of the Americas, Miami, Florida, December 9-11, 1994. In observance of the International Decade of the World’s Indigenous Peoples, the American countries reaffirmed the need to make efforts to enhance the exercise of democratic rights of indigenous populations and their access to social services. They agreed, among other things, to develop plans or action programs to implement reforms aimed at achieving goals for child, maternal, and reproductive health. They also committed to ensuring universal and non-discriminatory access to basic health services, including education programs and preventive healthcare.
Declaration of Miami: First Summit of the Americas (state.gov)
-Resolution CD40.R6, from the eighth plenary session of the Pan American Health Organization’s Directing Council, held on September 25, 1997. In this resolution, the commitment to the goals of the International Decade of the World’s Indigenous Peoples is reaffirmed. It approves the proposed activities in document CD40/14, “Health Report of Indigenous Peoples,” and urges Member States to identify, monitor, and reverse inequalities in the health of indigenous peoples, as well as their access to basic health services.
-Geneva Declaration on the Health and Survival of Indigenous Peoples of the World. International Consultation on the Health of Indigenous Peoples, organized by the World Health Organization in November 1999. The representatives of indigenous communities, nations, peoples, and organizations present at the Consultation reminded States of their obligations and responsibilities regarding the promotion and protection of the health and survival rights of indigenous peoples. They called upon them to “Recognize the sciences, knowledge systems, sacred and ceremonial sites, healers, and other practices of Indigenous Peoples in health and medicine…”.
Report of the International Consultation on the Health of Indigenous Peoples
-General Comment No. 14 (2000) issued by the United Nations Committee on Economic, Social and Cultural Rights, which analyzes the content, scope, and obligations of Member States in order to more effectively apply, without racial discrimination, the provisions of Article 12 of the International Covenant on Economic, Social and Cultural Rights related to the Right to the Enjoyment of the Highest Attainable Standard of Health. This includes access to health care and basic determinants of health, as well as the means and rights to achieve it.
Regarding indigenous populations, they “…have the right to specific measures aimed at improving their access to health services and health care. Health services must be culturally appropriate, taking into account preventive care, healing practices, and traditional medicines…”
-Resolution 2000/22. 45th plenary session of the United Nations Economic and Social Council on July 28, 2000. Establishment of a Permanent Forum on Indigenous Issues as a subsidiary advisory body to the Council, to examine indigenous issues within the Council’s mandate related to economic and social development, culture, environment, education, health, and human rights.
Establishment of a Permanent Forum on Indigenous Issues E-RES-2000-22.pdf (un.org)
-Convention for the Safeguarding of the Intangible Cultural Heritage. Approved by the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) at its 32nd session, held in Paris from September 29 to October 17, 2003. It recognizes the importance of the knowledge held by communities, particularly indigenous ones, as part of the cultural diversity of nations and aims to protect them by safeguarding their role within society.
-Resolution CD47.R18 on the Health of Indigenous Peoples in the Americas, from the 47th Directing Council of the Pan American Health Organization (PAHO) held from September 25 to 29, 2006. Urges member states to incorporate the perspective of indigenous peoples in achieving the Millennium Development Goals and national health policies, as well as an intercultural approach as part of primary health care strategy. It calls for the development of strategic partnerships with indigenous peoples and other stakeholders to further improve their health, promoting the establishment of permanent consultation mechanisms with indigenous communities in health-related decisions. The resolution also emphasizes the need to train health system human resources as intercultural facilitators and integrate intercultural criteria into the curricula of all health training programs and careers.
HEALTH OF THE INDIGENOUS PEOPLES IN THE AMERICAS – CD47.R18 Indigenous Peoples _Eng._.doc (paho.org)
-Resolution 61/295 on September 13, 2007, approved during the 107th plenary session of the United Nations General Assembly, adopting the United Nations Declaration on the Rights of Indigenous Peoples. This declaration asserts that indigenous peoples have the right to actively participate in the development, determination, and administration of health programs through their own institutions. It recognizes their rights to their own traditional medicines, the maintenance of their health practices, and the enjoyment of the highest attainable standard of physical and mental health.
-Resolution 69/2, adopted by the United Nations General Assembly on September 22, 2014, reaffirms the ongoing role of the United Nations in promoting and protecting the rights of indigenous peoples and expresses support for the United Nations Declaration on the Rights of Indigenous Peoples. It includes the final outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, where states commit to ensuring that indigenous individuals have equal access to the highest attainable standard of physical and mental health. The resolution also recognizes the significance of indigenous peoples’ health practices, traditional medicine, and knowledge.
Resolution 69/2 – N1446828 (un.org)
-AG/RES. 2888 XLVI-O/16, Article XVIII. Health, approves the American Declaration on the Rights of Indigenous Peoples in the second plenary session of the Organization of American States, held on June 14, 2016. It establishes that indigenous peoples have the collective and individual right to the highest attainable standard of physical, mental, and spiritual health, as well as to their own health systems and practices. Additionally, it grants the right to use and protect plants, animals, minerals of vital interest, and other natural resources with medicinal use in their ancestral lands and territories. States shall promote intercultural systems or practices in medical and health services provided in indigenous communities, including the training of indigenous health technicians and professionals.
AG/RES. 2888 XLVI-O/16- AG07239E03 (oas.org)
-A/RES/77/203. Resolution adopted by the United Nations General Assembly on December 15, 2022, based on the approval report of the Third Committee in its 45th session, held on November 4, 2022 (A/C.3/77/L.20/Rev.1.). In the Resolution, the General Assembly recalls its relevant resolutions and those of the Human Rights Council and the Economic and Social Council. It reaffirms its resolutions related to the rights of Indigenous Peoples (A/RES/65/198, A/RES/66/142, A/RES/67/153, A/RES/68/149. A/RES69/159/, A/RES/70/232 A/RES/71/178, A/RES/72/155, A/RES/73/156, A/RES/74/135, A/RES/75/168, A/RES/76/148) in relation to their own traditional medicines and maintaining their health practices… preserving their vital medicinal plants… and accessing, without any discrimination, all social and health services. It also encourages states to collect and disseminate data disaggregated by ethnic origin, take measures to end hunger and malnutrition by achieving food security for Indigenous children, and provide access to food, water and sanitation, education, and universal and equitable access to quality health services…; and reaffirms that Indigenous Peoples have the right to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and traditional cultural expressions, and that they also have the right to maintain, control, protect, and develop their intellectual property over that cultural heritage, traditional knowledge, and traditional cultural expressions.
-General Recommendation No. XXVII concerning the Discrimination of Roma People. Committee on the Elimination of Racial Discrimination, Office of the United Nations High Commissioner for Human Rights, 57th session, 2000. Recommends that States parties eliminate all forms of racial discrimination against Roma people in all areas, ensure that members of Roma communities have effective remedies, access to healthcare, and social security services on an equal basis.
CERD General recommendation XXVII on discrimination against Roma (refworld.org)
-Sustainable Development Goals (SDGs), also known as Global Goals, were formulated at the United Nations Conference on Sustainable Development held in Rio de Janeiro in 2012 and adopted by all Member States in 2015 as a universal call to end poverty, protect the planet, and ensure that all people enjoy peace and prosperity by 2030. Sustainable Development Goal No. 3. Health and Well-being. The goal is to achieve universal health coverage, including protection against financial risks, access to essential quality health services, and access to safe, effective, affordable, and quality medicines and vaccines for all.
THE 17 GOALS | Sustainable Development (un.org)
-Resolution A/RES/70/1, 2015, where the United Nations General Assembly adopts the 2030 Agenda for Sustainable Development and its member states approve it along with a plan of action for the next fifteen years. This agenda comprises 17 goals with 169 targets across economic, social, and environmental spheres, aiming to end poverty and improve people’s lives.
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N15/291/89/PDF/N1529189.pdf
-CSP29/6, Rev. 3. 29th Pan American Sanitary Conference, 69th Session of the Regional Committee of WHO for the Americas, Washington, D.C., USA, from September 25 to 29, 2017. Sustainable Health Agenda for the Americas 2018-2030 represents the health sector’s response to the commitments made by the Member States of PAHO in the 2030 Agenda for Sustainable Development, along with the unfinished issues of the Millennium Development Goals (MDGs) and the Health Agenda for the Americas 2008-2017, as well as emerging regional public health challenges. The Agenda is operationalized through the strategic plans and strategies of PAHO, as well as through subregional and national health plans. It establishes that: In the exercise of human rights, including the right to the highest attainable standard of health, all individuals must be included without discrimination of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status, and that this must encompass individuals belonging to ethnic groups, communities, and population groups that are culturally distinct. The Agenda takes into account the intercultural approach as an expression of an interactive social process of recognition and respect for existing differences between one or more cultures, which is essential for building a just society.
RESOLUTION – SUSTAINABLE HEALTH AGENDA FOR THE AMERICAS 2018-2030 (paho.org)
-Resolution WHA62/R14 of the 62nd World Health Assembly, May 2009, aims to reduce health inequities by addressing the social determinants of health. It urges Member States to tackle the social determinants of health, formulate measures to enhance population health and reduce inequities, coordinate and manage intersectoral actions to promote health and integrate health equity into all policies, establish comprehensive and universal social protection policies, promote availability and universal access to essential goods and services for health and well-being, work towards improving the social health conditions of the most marginalized populations, and ensure that information systems include disaggregated data, such as age, gender, ethnic origin, race, caste, occupation, education, income, and employment.
-Rio Declaration on Social Determinants of Health, World Health Organization, Rio de Janeiro, Brazil, October 19-21, 2011, aims to achieve social and health equity by addressing the social determinants of health and well-being. This involves applying a comprehensive intersectoral approach adapted to the national and subnational contexts of each country and region, taking into account different social, cultural, and economic systems. Additionally, member states commit to “consider the specific social determinants that lead to persistent health inequities for indigenous peoples, in accordance with the spirit of the United Nations Declaration on the Rights of Indigenous Peoples, and examine their specific needs, as well as fostering valuable collaboration with them in formulating and implementing relevant policies and programs.”
Rio Political Declaration on Social Determinants of Health (who.int)
-International Convention on the Elimination of All Forms of Racial Discrimination. Adopted and opened for signature and ratification by the United Nations General Assembly in its resolution 2106 A (XX) on December 21, 1965; entered into force on January 4, 1969. Article 5 establishes that states must prohibit and eliminate racial discrimination and ensure the right of everyone to public health, medical care, and basic determinants of health on an equal basis.
International Convention on the Elimination of All Forms of Racial Discrimination | OHCHR
-Declaration on Race and Racial Prejudice. The General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO), convened in Paris during its 20th session from October 24th to November 28th, 1978, approved and proclaimed this Declaration. It establishes that human beings belong to the same species and have the same origin, but that there are diverse forms of life and a diversity of cultures due to geographical, historical, political, economic, social, and cultural factors. This diversity should not serve as a pretext for racial prejudice, discriminatory practices, or racism.
Declaration on Race and Racial Prejudice | UNESCO
-A/52/18. General Recommendation No. 23 of the Committee on the Elimination of Racial Discrimination (CERD) of the Office of the United Nations High Commissioner for Human Rights, 51st session, 1997. Relating to the rights of indigenous peoples, where it reaffirms that the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination apply to indigenous peoples and urges States parties, among other aspects, to ensure that indigenous communities can exercise their right to practice and revitalize their cultural traditions and customs and preserve and practice their language.
https://www.refworld.org.es/docid/5d7fc37fa.html
-A/CONF.189/12. Declaration and Programme of Action of Durban, approved by the World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance held in Durban, Africa in 2001, which urged States individually and through international cooperation to enhance measures aimed at fulfilling the right of each individual to the highest attainable standard of physical and mental health, with the goal of eliminating differences in health status and other related aspects, in order to achieve a full life and overcome racism, racial discrimination, xenophobia, and related forms of intolerance.
-Treaty A-68. Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance. Adopted in La Antigua, Guatemala on June 5, 2013, and entered into force on November 11, 2017, where the States parties commit to adopting legislation that clearly defines and prohibits racism, racial discrimination, and related forms of intolerance towards Afro-descendants, indigenous peoples, and other racial and ethnic groups and minorities, in both public and private sectors, across various areas, including health and social protection.
OAS :: SLA :: Department of International Law (DIL) :: Inter-American Treaties
Inter-American Convention against racism, racial discrimination and related forms of intolerance
-Treaty A-69. Inter-American Convention against All Forms of Discrimination and Intolerance. Adopted in La Antigua, Guatemala on June 5, 2013, and entered into force on February 20, 2020, where the States parties commit to preventing, eliminating, prohibiting, and sanctioning all acts and manifestations of discrimination and intolerance towards individuals or groups who are subjects of discrimination or intolerance. This convention applies to all public authorities, as well as to all natural or legal persons in both public and private sectors, across various areas, including health and social protection.
OAS :: SLA :: Department of International Law (DIL) :: Inter-American Treaties
-Convention on Biological Diversity (CBD), United Nations, 1992. Article 8J. In accordance with its national legislation, shall respect, preserve, and maintain the knowledge, innovations, and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of those possessing such knowledge, innovations, and practices, and encourage the equitable sharing of benefits arising from the utilization of such knowledge, innovations, and practices.
Article 8(j) – Traditional Knowledge, Innovations and Practices (cbd.int)
-Rio Declaration on Environment and Development, 1992, from the United Nations Conference on Environment and Development, which states in its principle 22 that indigenous people play a significant role in environmental conservation due to their traditional knowledge and practices. Therefore, states should recognize their identity, culture, and interests and enable their participation in achieving sustainable development.
A/CONF.151/26/Vol.I: Rio Declaration on Environment and Development (un.org)
-DECISION 391 Common Regime on Access to Genetic Resources. During the Sixty-Eighth Ordinary Session of the Commission of the Cartagena Agreement on July 2, 1996, in Caracas, Venezuela, the member countries, in Chapter II, “Recognition of Traditional Knowledge, Innovations, and Practices,” Article 7, “recognize and value the rights and authority of indigenous, Afro-American, and local communities to decide on their traditional knowledge, innovations, and practices associated with genetic resources and their derived products.”
SICE – Andean Community – Decision 391 (oas.org)
-Nagoya Protocol, in force since October 2014, is a supplementary agreement to the Convention on Biological Diversity (CBD) that aims at fair and equitable sharing of benefits arising from the utilization of genetic resources. The protocol provides a robust foundation for increased legal certainty and transparency for both providers and users of genetic resources.
-Resolution WHA56.31 on Traditional Medicine of the 56th World Health Assembly, May 28, 2003, urges Member States to adapt, adopt, and implement the WHO strategy on traditional medicine, develop and implement national policies and regulations on traditional medicine and its integration into national healthcare systems, recognize traditional practices as resources for primary healthcare services, support research on traditional remedies, take measures to protect, conserve, and enhance traditional medicine knowledge, and promote the teaching of traditional medicine in medical schools.
Traditional medicine – ea56r31.doc (who.int)
-Lima Declaration on the occasion of the World Summit on Traditional, Alternative, and Complementary Medicine (TACM) (2007), recommends promoting the integration of Traditional, Alternative, and Complementary Medicine (TACM) into the official Public Health Systems of each country, to contribute to improving the quality of life of the global population.
Lima Declaration nen042 271..276 (essalud.gob.pe)
-Beijing Declaration adopted at the WHO Congress on Traditional Medicine, Beijing, China, November 8, 2008, emphasizes the importance of respecting, preserving, promoting, and disseminating knowledge about traditional medicine, treatments, and medicinal practices. The declaration calls for integrating traditional medicine into national health systems and advancing policies and standards within the comprehensive national healthcare framework to ensure the appropriate, safe, and effective use of traditional medicine.
WHO congress on traditional medicine and the Beijing Declaration
-Resolution No. 13, Framework Law on Traditional Medicine for Latin America and the Caribbean, approved at the XXV Ordinary Assembly of the Latin American Parliament (2009), establishes guidelines for the regulation and modulation of the practice, teaching, and research of traditional medicine. The resolution recognizes, protects, and promotes the rights of indigenous peoples and communities in relation to their traditional knowledge in health and traditional medicine.
https://parlatino.org/pdf/leyes_marcos/leyes/ley-materia-medicina-tradicional-pma-3-dic-2010.pdf
-The WHO Traditional Medicine Strategy 2014-2023 outlines the direction for traditional and complementary medicine (T&CM) for the decade and is designed to assist member countries in managing appropriate national policies that consider and recognize the role and potential of T&CM. The strategy aims to strengthen the quality assurance, safety, appropriate use, and effectiveness of T&CM through the regulation of products, practices, and practitioners, as well as training, skill development, services, and treatments. Additionally, it promotes universal health coverage by integrating T&CM into healthcare services and self-care practices, contributing to improved services and health outcomes, and ensuring that users can make informed decisions about their own health care.
-Resolution REMSAA XXXIV/490, Andean Health Organism ORAS-CONHU. The XXXIV Meeting of Ministers of Health of the Andean Area – REMSAA, Santa Cruz Island (Galapagos, Ecuador), 2014. In this resolution, the health ministers of the Andean region approve the Andean Intercultural Health Policy (https://orasconhu.org/portal/content/pol%C3%ADtica-andina-de-salud-intercultural), which aims to provide input to Andean countries for the development of intercultural health policies, plans, and programs that enable overcoming health inequities among indigenous peoples, Afro-descendants, and other communities. The policy aims to ensure access to comprehensive, quality health services with equity and equality while respecting their cultural specificities and knowledge. It also aims to strengthen and integrate medical systems and spaces for social dialogue.
https://orasconhu.org/sites/default/files/003_Politica_SI_490.pdf
-Resolution CSP29.R3 of the Pan American Health Organization (PAHO)/World Health Organization (WHO). During the 29th Pan American Sanitary Conference and 69th Session of the Regional Committee of the WHO for the Americas, held in Washington, D.C., USA, from September 25 to 29, 2017, the Policy on Ethnicity and Health was adopted (https://www.paho.org/en/documents/policy-ethnicity-and-health). In this resolution, member states are urged to promote public policies that address ethnicity as a social determinant of health from the perspective of indigenous peoples, Afro-descendants, Roma, and other ethnic groups. The resolution calls for promoting intercultural health models, ensuring sufficient and high-quality data to generate evidence for intersectoral policy decisions, implementing intercultural approaches in health systems and services, involving these populations in the development and implementation of health policies, and promoting the generation of knowledge and spaces for traditional medicine and ancestral wisdom.
RESOLUTION – POLICY ON ETHNICITY AND HEALTH (paho.org)
– CD57/13, Strategy and Action Plan on Ethnicity and Health 2019-2025. Pan American Health Organization (PAHO)/World Health Organization (WHO), 57th Directing Council, 71st session of the Regional Committee of the WHO for the Americas, Washington, D.C., USA, from September 30 to October 4, 2019. This resolution promotes intercultural health approaches and drives actions related to the social determinants of health, with the active participation of the involved groups and the incorporation of a gender perspective. The aim is to operationalize the five strategic lines of the Ethnicity and Health Policy: generating evidence, advancing policy actions, fostering social participation and strategic partnerships, recognizing ancestral knowledge and traditional and complementary medicine, and developing capacities at all levels.