A/HRC/53/65
United Nations
General Assembly
Distr.: General
21 April 2023
Original: English
Human Rights Council
Fifty-third session
19 June–14 July 2023
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Digital innovation, technologies and the right to health
Report of the Special Rapporteur on the right of everyone to the
enjoyment of the highest attainable standard of physical and mental
health
Summary
In the present report, the Special Rapporteur on the right of everyone to the enjoyment
of the highest attainable standard of physical and mental health, Tlaleng Mofokeng, analyses
the impact of digital innovation and technologies on the right to health, including on the
availability, accessibility, acceptability and quality of facilities, goods and services. She also
focuses on digital innovation and technologies and the right to sexual and reproductive
health, as well as on the impact of digital technologies on privacy and the use of data.
The Special Rapporteur shares the concerns that digital technologies can perpetuate
racism, sexism, ableism or discrimination based on sexual orientation or gender identity,
among others. She reaffirms the principles of, inter alia, non-discrimination, equality,
participation, accountability, reparations and privacy. She recalls the need to promote digital
inclusion, access to affordable and reliable connectivity, and the underlying need to address
digital literacy and the gender digital divide.
The Special Rapporteur also seeks to clarify the legal obligations that arise under the
right to health framework, from an anti-discrimination perspective, recalling that the same
rights that are protected offline must be protected with the use of digital tools and in online
spaces. She also reminds States and private actors, including businesses and technology
companies among others, the obligations that they have in this context of rapid growth of
technological innovation as it relates to the right to health. She also focuses on good practices,
including recommendations on digital health governance and participation.
GE.23-06593 (E)
200423 210423