Requirement One
to the present Covenant must take
to ensure the full exercise of this
right, must include: “The creation
of conditions which would assure
to all medical service and medical
attention in the event of sickness.”
International and National Basis Relevant to the Right to the Enjoyment of
the Highest Attainable Standard of
Health
(The Right to Health)
5. On the national level, the Constitution of the Kingdom of Bahrain
guarantees the right of everyone to
live in a good environment that secures a healthy and safe life for him.
Paragraph (a) of Article No. (8) of
the Constitution affirms this right
and states that, “Every citizen is entitled to health care. The State is
concerned with public health and it
guarantees the means of prevention and treatment by establishing
various types of hospitals and
health care institutions.”
Section One
Ordinary people
1. The right to health is a fundamental
right, which the state must take action to ensure that all its citizens enjoy the highest possible standards
of it, as violation of the right to
health affects the enjoyment of all
other related rights, in addition to
undermining the most important
right, which is the right to life.
2. Regarding international human
rights instruments, the First Paragraph of Article No. (25) of the Universal Declaration of Human Rights
of 1948 confirms this stating 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.”
Section Two
Persons whose freedom is restricted
1. The right to health care is an integral part of the duty of the authority
in ensuring full respect for the inherent dignity of human beings.
This obligation is enshrined in the
Standard Minimum Rules for the
Treatment of Prisoners (The Nelson
Mandela Rules) in principles (24)
through (35) thereof; as it is firm
that the principle of medical attention and the opportunity to receive
medical care are among the rights
guaranteed to every person, regardless of their legal status. Therefore, every detained or imprisoned
person must have the opportunity
to undergo an appropriate medical
examination after being detained,
while ensuring the provision of
medical care and proper treatment,
specialized and free treatment,
3. The First Paragraph of Article No.
(12) of the International Covenant
on Economic, Social and Cultural
Rights, to which the Kingdom of
Bahrain acceded under Law No. (10)
of 2007, states that, “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.”
4. Paragraph (2-d) of Article No. (12)
of the same Covenant, clarifies that
the measures that the States parties
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