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.