THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT International Covenant on Economic, Social and Cultural Rights Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 3 January 1976, in accordance with article 27 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. 2.17 The Commission notes that Malaysia remains a non-party to the ICESCR although the Government established a Technical Sub-Committee to study the feasibility of becoming party to the ICCPR, ICESCR, CAT and ICERD in 2013. 2.18 The Committee on Economic, Social and Cultural Rights has in its General Comment 14424 comprehensively elaborated on what the right to health encompasses, as well as a State’s obligations under Article 12. The Committee also highlighted that the right to health does not mean the right to be healthy,25 but contains both freedoms and entitlements. General Comment 14: The right to the highest attainable standard of health, UN Doc. E/C.12/2000/4, 11 August 2000. Accessed via http://www.refworld.org/docid/4538838d0.html on 31/3/16. 25 Ibid Para 8: The right to health is not to be understood as a right to be healthy. The right to health contains both freedoms and entitlements. The freedoms include the right to control one’s health and body, including sexual and reproductive freedom, and the right to be free from interference, such as the right to be free from torture, non-consensual medical treatment and experimentation. By contrast, the entitlements include the right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health. 24 16