A/HRC/33/57 II. Right to health and indigenous peoples: legal and policy framework A. Normative framework on the right to health 7. The right to health of all peoples has long been recognized, for example in the Universal Declaration of Human Rights, in particular its article 25, according to which everyone has the right to a standard of living adequate for the health and well-being of himself or herself and of his or her family, including food, clothing, housing and medical care and necessary social services. 8. The United Nations Declaration on the Rights of Indigenous Peoples recognizes the health rights of indigenous peoples and expands upon their varied dimensions and the interplay with rights such as the right to self-determination. Article 21 recognizes the right of indigenous peoples to the improvement of their economic and social conditions without discrimination. Article 23 recognizes their right to determine and to develop priorities and strategies for exercising the right to development and, in particular, to be actively involved in developing and determining health programmes affecting them and to administer such programmes through their own institutions where possible. Article 24 recognizes the right of indigenous peoples to their traditional medicines, to maintain their health practices and to access social and health services without discrimination; it affirms the equal right of indigenous individuals to the enjoyment of the highest attainable standard of physical and mental health. In addition, the Declaration recognizes the importance of upholding the collective rights of indigenous peoples. Finally, article 29 (2) requires States to take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent. 9. Article 24 of the Declaration reflects the wording of article 12 of the International Covenant on Economic, Social and Cultural Rights, a binding treaty enshrining the right of all people to the highest attainable standard of mental and physical health. Article 12 sets out an inclusive right, incorporating both health care and the social determinants of health, and containing freedoms and entitlements: notably, the freedom to control one’s own health and the entitlement to a system of health protection that provides equality of opportunity in realizing the highest attainable standard of health. Non-discrimination and equal treatment are among its key components; and, although many elements are subject to “progressive realization” in view of resource constraints, obligations such as non-discrimination are of immediate effect. While States have primary responsibility for realizing the right to health, that responsibility is shared by all in society and individuals should have the opportunity to participate in decision-making processes affecting the realization of their rights. States should respect, protect and fulfil the right to health and ensure that health-care facilities, goods and services are available, accessible, acceptable and of good quality (see E/CN.4/2003/58, para. 34). 10. In its general comment No. 14 (2000) on the right to the highest attainable standard of health, the Committee on Economic, Social and Cultural Rights further expands upon the right to health vis-à-vis indigenous peoples, noting that they have the right to specific measures to improve access to health services and care, which should be culturally appropriate and take into account traditional practices and medicines, and that States should provide resources for indigenous peoples to design, deliver and control services. The Committee recognizes the collective dimension of health for indigenous peoples and acknowledges the deleterious effect on health of the displacement from traditional territories and environments that occurs as a consequence of development-related activities. 4