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Abstract

<jats:title>Abstract</jats:title> <jats:p>This chapter sketches states’—and potentially also strong non-state armed groups’—jurisdiction-based duties respective to the human right to health (HRH) and (supporting) responsibilities for the HRH of international organizations in protracted conflict situations. The focus is on duties and responsibilities to secure the building of an (at least successively) democratically controlled health system that is genuinely responsive to the actual health needs and priorities of local populations affected by protracted armed conflicts. This includes duties to cooperate and coordinate the specification, allocation, and implementation of joint and complementary HRH duties and responsibilities for this right, for example through the utilization of existing institutional frameworks of international organizations or the setting up of ad hoc, temporary institutionalized forms of cooperation and coordination between parties to a protracted armed conflict. Overall, the chapter concludes that placing more emphasis on such cooperation duties and responsibilities could assist in encouraging negotiations and trust-building in protracted conflicts beyond realizing the HRH. The analysis relies on General Comments and other documents of the UN Committee on Economic, Social and Cultural Rights interpreting and applying the International Covenant on Economic, Social and Cultural Rights as well as jurisprudence of the European Court of Human Rights.</jats:p>

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Keywords

duties responsibilities protracted armed health

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