Scope of the right to health

175. The right to health is not to be understood as the right to be healthy: the State cannot provide protection against every possible cause of ill health. It is the right to the enjoyment of a variety of facilities, goods, services and conditions necessary for the realization of the highest attainable standard of health. The right includes both health care and the underlying determinants of health, including access to safe drinking water, adequate and safe food, adequate sanitation and housing, healthy occupational and environmental conditions, and access to health-related information and education.

176. The right to health contains both freedoms and entitlements. The freedoms include the right to control one’s body, including reproductive health, and the right to be free from interference, such as freedom from torture and non-consensual medical treatment.

177. The entitlements include a system of health care and protection that is available, accessible, acceptable and of good quality. Thus, the right to health implies that functioning public health and health-care facilities, goods and services are available in sufficient quantity within a State. It also means that they are accessible to everyone without discrimination. Accessibility has a number of dimensions, including physical, information and economic. Thus, “information accessibility”

includes the right to seek, receive and impart information concerning health issues, subject to the right to have personal health data treated with confidentiality. “Economic accessibility” means that health facilities, goods and services must be affordable for all. Furthermore, all health facilities, goods and services must beacceptable, i.e., respectful of medical ethics and culturally appropriate, and of goodquality.

178. According to international human rights law, the right to health encompasses a number of more specific health rights, including the right to maternal, child and reproductive health; the right to healthy natural and workplace environments; the right to prevention, treatment and control of diseases; and the right to health facilities, goods and services.

The right to health

International Covenant on Economic, Social and Cultural Rights Article 12

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:

(a) The provision for the reduction of the stillbirth rate and of infant mortality and for the healthy development of the child;

(b) The improvement of all aspects of environmental and industrial hygiene;

(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;

(d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

General comments No. 14(2000): The right to the highest attainable standard of health (on art. 12 of the Covenant); and No. 15 (2002): The right to water (on arts. 11 and 12 of the Covenant).

Convention on the Rights of the Child:articles 6 and24

Convention on the Elimination of All Forms of Discrimination against Women:articles 10 (h),11 (1) (f),12 (1),14 (b) and general recommendation No. 24 (1999): Women and health (art. 12)

World conferences: United Nations General Assembly Special Session (UNGASS) on AIDS (2001): Declaration of Commitment on HIV/AIDS; World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, Durban (2001):Durban Declaration and Programme of Action; Second World Assembly on Ageing (2002):

Political Declaration andMadrid International Programme of Action on Ageing.

Millennium development goals 4 (Reduce child mortality), 5 (Improve maternal health), 6 (Combat HIV/AIDS, malaria and other diseases) and7 (Sustainable access to safe drinking water)

Joint United Nations Programme of HIV/AIDS (UNAIDS) and OHCHR: International Guidelines on HIV/AIDS and Human Rights

World Health Organization (WHO):Human Rights, Health and Poverty Reduction Strategies (Geneva, WHO, 2005).

C. Key targets and indicators

Target 1: All people to have access to adequate and affordable primary health care Indicators:

• Life expectancy at birth

• Proportion of public expenditure on primary health care

• Proportion of poor people not covered by any kind of pre-payment mechanisms, by non-discretionary interventions (e.g., exemption schemes, cash subsidies, vouchers) in relation to health user fees, or by privately funded health insurance

• Number of primary health care units per thousand population

• Number of doctors per thousand population

• Proportion of poor people with access to affordable essential drugs Target 2: To eliminate avoidable child mortality

Indicators:

• Under-five mortality rate

• Infant mortality rate

• Proportion of under-five children immunized against communicable diseases Target 3: To eliminate avoidable maternal mortality

Indicators:

• Maternal mortality ratio

• Proportion of births attended by skilled health personnel

• Proportion of mothers with access to pre- and post-natal medical care facilities

Target 4: All men and women of reproductive age to have access to safe and effective methods of contraception

Indicator:

• The rate of use of safe and effective methods of contraception among poor couples of reproductive age who wish to use contraceptives

Target 5: To eliminate HIV/AIDS Indicators:

• HIV prevalence among pregnant women

• Condom use rate

• Number of children orphaned by HIV/AIDS

Target 6: To eliminate the incidence of other communicable diseases Indicators:

• Prevalence and mortality rate associated with communicable diseases

• Proportion of people with access to clean, safe drinking water

• Proportion of people with access to adequate sanitation

• Proportion of people immunized against communicable diseases Target 7: To eliminate gender inequality in access to health care

Indicators:

• Sex ratio (overall, birth and juvenile)

• Disability-adjusted life years lost for men and women

• Ratio of women and men treated in medical institutions D. Key features of a strategy for realizing the right to health

179. States should improve the supply of personal health services and make them more accessible to the poor by:

(a) Targeting delivery to the poor by providing tailor-made services for groups whose access to health services may raise particular challenges, such as women, the elderly, children, indigenous peoples, minorities, slum-dwellers, labour migrants and those living in remote rural communities, via outreach clinics;

(b) Ensuring that resource allocation favours the poorer geographical regions;

(c) Ensuring that resource allocation favours the lower tiers of service delivery, i.e., primary care;

(d) Prioritizing reproductive, maternal (prenatal as well as post-natal) and child health care;

(e) Identifying diseases and medical conditions, such as malaria, tuberculosis and HIV/AIDS, that have a particular impact on the poor and, by way of response, introducing immunization and other programmes that are specifically designed to have a particular impact upon the poor;

(f) Ensuring that all services are respectful of the culture of all individuals, groups, minorities and peoples, and are sensitive to gender and of good quality;

(g) Providing essential drugs as defined by the WHO Action Programme on Essential Drugs.

180. States should improve the supply and effectiveness of public health interventions to the poor by:

(a) Introducing and implementing basic environmental controls, especially regarding waste disposal in areas populated by the poor;

(b) Ensuring the provision of clean, safe and accessible drinking water;

(c) Regulating health service provision, for example with a view to eliminating the marketing of unsafe drugs and reducing professional malpractice;

(d) Providing education and information about the main health problems in local communities, including methods of prevention and control.

181. States must reduce the financial burden of health care and health protection on the poor, for example by reducing and eliminating user fees. This can be done either by moving away from user fees and introducing other pre-payment mechanisms (e.g., national insurance or general taxation) or by keeping user fees and introducing non-discretionary, equitable and non-stigmatizing interventions for the poor (e.g., exemption schemes, direct cash subsidies and vouchers).

182. States should promote policies in other sectors that bear positively on the underlying determinants of health, entailing particular benefits for the poor, for example by supporting agricultural policies that have positive health outcomes for the poor (e.g., food security), by identifying measures that address the negative impact of agricultural policies on them (e.g., health and safety risks to agricultural labourers), and by generally promoting their income-generating activities.

183. States must ensure that the poor are treated with equality and respect by all those involved in health care and health protection. Accordingly, States should provide all relevant health staff with anti-discrimination training in relation to disability and health status, including HIV/AIDS.

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