Instruments in International law

Non legally-binding instruments

• World Health Organisation Constitution
• Universal Declaration of Human Rights (UDHR)

Art. 25: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, […]. Motherhood and childhood are entitled to special care and assistance. […]

• WHO resolution
• Declaration of Alma Ata
• World Health Declaration

 

Legally-binding instruments

• International Covenant on Economic, Social and Cultural Rights (ICESCR) – Art. 12 and General Comment 14 of the Committee on Economic, Social and Cultural Rights

Art. 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 realisation 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”.

 

Committee on Economic, Social and Cultural Rights, General Comment 14 (non legal- binding): “The right to health must be understood as a 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 Covenant proscribes any discrimination in access to health care and underlying determinants of health, as well as to means and entitlements for their procurement, on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability, health status (including HIV/AIDS), sexual orientation and civil, political, social or other status, which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to health. […] States are under the obligation to respect the right to health by, inter alia, refraining from denying or limiting equal access for all persons, including prisoners or detainees, minorities, asylum seekers and illegal immigrants, to preventive, curative and palliative health services; abstaining from enforcing discriminatory practices as a State policy”.

 

Some other treaties provide additional protection of vulnerable groups’ right to health.

 

• International Convention on the Elimination of Racial Discrimination (ICERD) – Art. 5 (e-iv)

Art. 5 (e-iv): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (...) (e-iv) The right to public health, medical care, social security and social services. Committee on the Elimination of Racial Discrimination, General Comment 30 (non legally-binding: Discrimination Against Non Citizens: “(...) Ensure that States parties respect the right of non-citizens to an adequate standard of physical and mental health by, inter alia, refraining from denying or limiting their access to preventive, curative and palliative health services (...)”

 

• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) – Art. 14 (2.b) Art. 14 (2.b)

 

Art. 14 (2.b) Art. 14 (2.b): “States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (...) b) to have access to adequate health care facilities, including information, counseling and services in family planning”.

 

• Convention on the Rights of the Child (CRC) – Art. 24(1), Art. 25 and Art. 39

Art. 24(1): States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services”.

Art. 25: States Parties recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement.

Art. 39: States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.

 

• International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families (ICRMW) – Art. 28

Art. 28: “Migrant workers and members of their families shall have the right to receive any medical care that is urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment with nationals of the State concerned. Such emergency medical care shall not be refused them by reason of any irregularity with regard to stay or employment”.