CHAPTER 7 7.1 The Constitution of India elucidates certain Directive Principles of State Policy that are fundamental to the governance of the country. It is the duty of the State to ensure the implementation of these Directive Principles for the overall development of its citizens. These are essentially related to economic, social and cultural rights. They include, among others, the right to work; right to education; raising the level of nutrition, and improvement of public health. The International Covenant on Economic, Social and Cultural Rights (ICESCR) that was adopted by the United Nations General Assembly on 16 December 1966 and entered into force on 3 January 1976 is the main treaty on economic, social and cultural rights at the international level. It recognizes the right to work and favourable conditions of work; form and join trade unions; social security including social insurance; the widest possible protection and assistance for the family, mothers and children; an adequate standard of living including adequate food, clothing and housing; the highest attainable level of health and health care; and education. The Committee on Economic, Social and Cultural Rights is responsible for monitoring compliance of rights recognized under the Convention by the States Parties. India is a party to this Convention. 7.2 The focus of this chapter is on 'Right to Health', 'Right to Food', 'Right to Education' and 'Rights of Women and Children'. A. Right to Health 7.3 The 'right to health' is indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life of dignity. The human right to health is recognized in numerous international instruments. For instance, Article 25 of the Universal Declaration of Human Rights states that “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, and the right to security in the event of unemployment, sickness, disability, widowhood, old age…….Motherhood and childhood are entitled to special care and assistance…….”. ICESCR provides the most comprehensive article on the right to health in international human rights law. Article 12.1 of the Covenant affirms that the States Parties must recognize “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health”, while Article 12.2 enumerates, by way of illustration, a number of “steps to be taken by the States Parties……..to achieve the full realization of this right”. National Human Rights Commission 91

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