E/CN.4/2006/120 page 20 indicated that it had identified five confirmed cases of mishandling of the Holy Koran by guards and interrogators, either intentionally or unintentionally, including kicking and stepping on the Holy Koran.91 63. A number of detainees have alleged that they were subjected to forced grooming, including shaving of beards, heads and eyebrows. 64. Further concerns were raised by the removal of a military Muslim cleric from his position at Guantánamo Bay. He later was arrested on suspicion of espionage and held in solitary confinement for 76 days. It has been alleged that he has not been replaced, leaving the Muslim detainees unattended, in violation of the Standard Minimum Rules for the Treatment of Prisoners.92 65. Finally, there are also concerns about reports that the United States Government has, either implicitly or explicitly, encouraged or tolerated the association of Islam and terrorism, for example, by interrogating detainees on the extent of their faith in Islamic teachings. V. THE RIGHT TO THE HIGHEST ATTAINABLE STANDARD OF PHYSICAL AND MENTAL HEALTH 66. The right to health derives from the dignity of the human person and is reflected in the following international instruments relevant in the current situation: article 25 (1) of the Universal Declaration of Human Rights, article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), article 5 (e) (iv) of the International Convention on the Elimination of All Forms of Racial Discrimination and article 24 of the Convention on the Rights of the Child.93 Although the United States has ratified neither ICESCR nor the Convention on the Rights of the Child, it is a signatory of both and therefore “is obliged to refrain from acts which would defeat the object and purpose” of either treaty.94 The United States is also a Contracting Party to the World Health Organization, and thus has accepted the principle that the “enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being”.95 67. The mandate of the Special Rapporteur covers reporting on the status of the realization of the right to health “throughout the world”,96 and States are called upon to cooperate fully with the Special Rapporteur in the implementation of this mandate,97 paying particular attention to the health of vulnerable groups.98 The mandate of the Special Rapporteur, therefore, extends to alleged violations of the right to health in Guantánamo Bay. 68. In addition to States having duties arising from the right to health, health professionals also have some right-to-health responsibilities deriving from international human rights law.99 69. The right to health includes the right to timely and appropriate health care, as well as to the underlying determinants of health, such as safe drinking water and adequate food and sanitation.100 International human rights instruments also impose specific obligations on States to provide prisoners with healthy living conditions and quality health care, including mental health care.101

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