Articl
;
i
ri
and
control
of diseases
16. “The
prevention,
treatment
and
control
of epidemic,
endemic,
occupational
and
other
diseases” (art. 12.2 (¢)) requires the establishment of
prevention and education programmes for behaviourrelated health concerns such as sexually transmitted
diseases, in particular HIV/AIDS, and those adversely
affecting sexual and reproductive
promotion of social determinants
health, and the
of good health,
such as environmental safety, education, economic
development
and
gender
equity. The
right to
treatment includes the creation of a system of urgent
medical
care
in cases of accidents, epidemics and
similar health hazards, and the provision of disaster
relief
and
humanitarian
assistance
situations. The control of diseases
in emergency
refers to States’
individual and joint efforts to, inter alia, make
available relevant technologies, using and improving
epidemiological surveillance and data collection
on a disaggregated basis, the implementation or
enhancement of immunization programmes and
other strategies of infectious disease control.
article
12.2 (d). The
righ
healt
facilit
17. "The creation of conditions which would assure to
all medical service and medical attention in the event
of sickness" (art. 12.2 (d)), both physical and mental,
the provision
of equal
and
pursued with minimum resource implications through
the adoption, modification or abrogation of legislation
or the dissemination of information. The Committee
recalls General Comment
No. 3, paragraph 12,
which states that even in times of severe resource
constraints, the vulnerable members of society must
be protected by the adoption of relatively low-cost
targeted programmes.
19. With respect to the right to health, equality
of access to health care and health services has to
be emphasized. States have a special obligation
to provide those who do not have sufficient means
with the necessary health insurance and healthcare facilities, and to prevent any discrimination on
internationally prohibited grounds in the provision
of health care and health services, especially with
respect to the core obligations of the right to health,’*
and services
includes
the grounds of race, colour, sex, language, religion,
political or other opinion, national or social origin,
property, birth, physical or mental disability, health
status (including HIV/AIDS), sexual orientation and
civil, political, social or other status, which has the
intention or effect of nullifying or impairing the
equal enjoyment or exercise of the right to health.
The Committee stresses that many measures, such
as most strategies and programmes designed to
eliminate
health-related
discrimination,
can
be
timely access
to basic preventive, curative, rehabilitative health
services and health education; regular screening
programmes;
appropriate treatment of prevalent
Inappropriate
health resource allocation can lead to
discrimination that may not be overt. For example,
investments should not disproportionately
expensive curative health services which are
accessible only to a small, privileged fraction
population, rather than primary and preventive
favour
often
of the
health
care benefiting a far larger part of the population.
diseases, illnesses, injuries and disabilities, preferably
at community level; the provision of essential drugs;
and appropriate mental health treatment and care.
A further important aspect is the improvement and
furtherance of participation of the population in the
provision of preventive and curative health services,
such
as the
organization
of the
health
sector,
the
insurance system and, in particular, participation in
political decisions relating to the right to health taken
at both the community
20. The
integrate
in order to promote better health for both women
and men. A gender-based approach recognizes that
biological and socio-cultural factors play a significant
remedying inequalities in health.
Lt
15
34
entitlements for their procurement,
See para. 12 (b) and note 8 above.
cure ECONOMIC, SOCIAL AND CULTURAL RIGHTS HANDBOOK
States
heaith-
related policies, planning, programmes and research
Women
and
that
their
data according to sex is essential for identifying and
18. By virtue of article 2.2 and article 3, the Covenant
proscribes any discrimination in access to health care
and underlying determinants of health, as well as to
means
Committee
recommends
a gender perspective in
role In influencing the health of men and women.
The disaggregation of health and socio-economic
and national levels.
Article 12. Special topics of broad application
Non-discriminati
Gender perspective
and the right to health
21. To eliminate discrimination against women, there
is a need to develop and implement a comprehensive
on
16
For the core obligations, see paras. 43 and
present General
Comments.
44 of the