9, The notion of “the of health” the individual's depend highest attainable standard in article 12.1 takes biological into account and both socio-economic preconditions and a State's available resources. There (a) Availability. Functioning public health health-care facilities, goods and services, as are a number of aspects which cannot be addressed solely within the relationship between States and individuals; in particular, good health cannot be ensured by a State, nor can States provide protection as programmes, health. Consequently, the right to health must be understood as a right to the enjoyment of a variety of facilities, goods, services and conditions necessary facilities, hospitals, the changed adoption 1966 the of the world two health International situation clinics and other essential drugs, as defined by Programme on Essential Drugs.° of health. in in sufficient health-related buildings, trained medical and professional personne] receiving domestically competitive salaries, and for the realization of the highest attainable standard Since to be available developmental level. They will include, however, the underlying determinants of health, such as safe and potable drinking water and adequate sanitation and the adoption of unhealthy or risky lifestyles may play an important role with respect to an individual's 10. have and well quantity within the State party. The precise nature of the facilities, goods and services will vary depending on numerous factors, including the State party’s against every possible cause of human ill health, Thus, genetic factors, individual susceptibility to ill health Covenants on the conditions prevailing in a particular State party: (b) has Accessibility. Health the WHO facilities, Action goods and services® have to be accessible to everyone without dramatically and the notion of health has discrimination, undergone substantial changes and has also widened in scope. More determinants of health are being taken into consideration, such as resource distribution and gender differences. A wider definition of health also takes into account such socially-related concerns within the jurisdiction of the State party. Accessibility has four overlapping dimensions: as violence and armed conflict. Moreover, formerly Non-discrimination: health facilities, goods and services must be accessible to all, especially the most vulnerable or marginalized sections of the population, in law and in fact, without discrimination on any of unknown diseases, such as Human Immunodeficiency the prohibited grounds.’ Virus and Acquired immunodeficiency Syndrome (HIV/ AIDS), and others that have become more widespread, such as cancer, as well as the rapid growth of the world population, have created new obstacles for the realization of the right to health which need to be taken into account when interpreting article 12. 11. The Committee interprets the right to health, as Physical accessibility: health facilities, goods and services must be within safe physical reach for all sections of the population, especially vulnerable or marginalized groups, such as ethnic minorities and indigenous populations, women, children, adolescents, older persons, persons with disabilities also to the underlying determinants of health, such and persons with HIV/AIDS. Accessibility also implies that medical services and underlying determinants of health, such as safe and potable water and adequate sanitation facilities, are within safe physical reach, as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition including in rural areas. Accessibility further includes adequate access to buildings for persons with defined in article 12.1, as an inclusive right extending not only to timely and appropriate health care but and housing, healthy occupational and environmental conditions, and access to health-related disabilities. education and information, including on sexual and reproductive Economic health. A further important aspect is the participation of the population in all health-related decision-making at the community, national and international levels. facilities, 12. The right to health in all its forms and at all levels contains the following elements, the precise 4 (affordability); services must be health affordable for all. Payment for health-care services, as well as services related to the underlying determinants of health, has to be based on the principle of equity, ensuring that these services, whether privately or 5 See WHO Mode! List of Essential Drugs, revised on 1999, WHO Drug Information, vol. 13, No. 4, Common article 3 of the Geneva Conventions for the 6 Unless (1977) of war relating victims to the (1949); Additional Protection of Protocol Victims of International Armed Conflicts, art. 75 (2) (a); Additional Protocol II (1977) relating to the Protection of Victims of Conflicts, art. 4 (a). Non-International Armed 32 and and essential of which will prcpecticn interrelated application accessibility goods CHRP ECONOMIC, SOCIAL AND CULTURAL RIGHTS HANDBOOK expressly provided otherwise, in this General Comment to health and services includes the underlying health outlined in paras. 11 and 12 any reference facilities, goods determinants of {a) of this General Comment. 7 See paras. 18 and 19 of this General Comment.

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