specificity or disability, because they are more vulnerable to being discriminated against.
Discrimination results in the creation of structural and cultural barriers experienced by
vulnerable groups in the enjoyment of the right to health.
72. The state is responsible for respecting the right to health by not taking actions that nullify or
reduce the ability of everyone to enjoy the right to health. The state is responsible for protecting
the right to health by ensuring that no person, group of people, including state apparatus and
corporations can eliminate or reduce the opportunity for everyone to enjoy the right to health.
The state is responsible for fulfilling the right to health by taking administrative, legislative,
judicial and policy steps to ensure that the right to health is fulfilled to the maximum extent
possible.
73. State administrators cooperate with independent institutions and related institutions to build an
integrated, inclusive, transparent and accountable service system for everyone, especially
vulnerable groups.
74. Data according to the Indonesian Child Protection Commission (KPAI) shows that 10-20% of
Indonesian children under the age of 14 have started smoking. The inability to control tobacco
clearly causes a violation of children's rights as well as the right to health.54 Children will be
actively exposed as smokers, passively affected by being the object of cigarette marketing,
which threatens the health and development of children.
75. The right to a good and healthy environment and air, including free from cigarette smoke, is part
of the right to health, so the provisions on tobacco/cigarette control regulations in the Health
Law (UU No. 36/2009) are not discriminatory provisions. Komnas HAM has long encouraged the
Indonesian government to ratify the Framework Convention on Tobacco Control (FCTC) and
prevent children from smoking, and prohibit all forms of promotion of cigarette products.
Recommendation to the Committee on Economic, Social and Cultural Rights (CESCR):
54
●
To question the commitment of the GoI to ensure the realization of accessability of all
person, especially vulnerable groups to all health care facilities and fulfil the availability of
integrated, inclusive, transparent and accountable primary health services in every region
in Indonesia;
●
To recommend the GoI to expand segregated data collection, including vulnerable groups
for the population administration system, develop local wisdom, food diversity, and
environmental security to support the fulfilment of the right to public health
comprehensively;
●
To urge the GoI to revise Presidential Regulation Number 82 of 2018 concerning Health
Insurance in order to provide additional focus of the health insurance for vulnerable
groups; and
●
To urge the GoI to ratify the Framework Convention on Tobacco Control (WHO-FCTC) to
guarantee the protection of the right to health for the community, especially children and
adolescents as a vulnerable group from the dangers of smoking/consumption of other
tobacco products.
Komnas HAM, Fulfiling the Child Rights, Komnas HAM Push for the Government to Ratify FCTC, 4 February
2020, can be accessed at https://www.komnasham.go.id/index.php/news/2020/2/4/1320/penuhi-hak-anakkomnas-ham-dorong-pemerintah-ratifikasi-fctc.html.