THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT The Right to Health 2.8 Despite the Constitution of the World Health Organization (WHO) and a number of international human rights treaties recognising the right to the “highest attainable standard of health”, the phrase “right to health”, as observed by the Commission, remains an unfamiliar one. The Commission’s survey and analysis revealed that although the question on their understanding of the right to health in prison seemed quite straightforward, they allowed multiple interpretations by different respondents; i.e. different respondents interpret ordinary questions differently (See Chapter 3). 2.9 This is so despite significant progress in international law with regard to the definition of the right to health, comprising health care and healthy conditions.12 Moreover, the right to health includes certain components which are legally enforceable.13 For example, the principle of nondiscrimination in relation to health facilities and goods and services is legally enforceable in numerous jurisdictions.14 Paragraph 11 of CESCR General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12). Adopted at the Twenty-second Session of the Committee on Economic, Social and Cultural Rights, on 11 August 2000 (Contained in Document E/C.12/2000/4). Accessed via http://www.ohchr.org/Documents/Issues/Women/WRGS/Health/ GC14.pdf on 19/2/2016: “The Committee interprets the right to health, as defined in article 12.1, as an inclusive right extending not only to timely and appropriate health care but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions, and access to health-related education and information, including on sexual and reproductive health. A further important aspect is the participation of the population in all health-related decision-making at the community, national and international levels.” 13 CESCR General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12). Adopted at the Twentysecond Session of the Committee on Economic, Social and Cultural Rights, on 11 August 2000 (Contained in Document E/C.12/2000/4). Accessed via http://www.ohchr.org/Documents/Issues/Women/WRGS/Health/ GC14.pdf on 19/2/2016 14 General Comment No. 14 (2000): The right to the highest attainable standard of health (Article 12 of the International Covenant on Economic, Social and Cultural Rights). Accessed via http://apps.who.int/disasters/repo/13849_files/o/UN_ human_rights.htm on 31/3/2016. 12 13