required
to formulate,
implement
and
periodically
review a coherent national policy to minimize the risk
of occupational accidents and diseases, as well as to
provide a coherent national policy on occupational
safety and health services.”
37.
The obligation to fulfil (facilitate) requires States
inter alia to take positive measures
that enable
and
assist individuals and communities to enjoy the right
to health. States parties are also
(provide) a specific right contained
obliged to fulfil
in the Covenant
when individuals or a group are unable, for reasons
beyond their control, to realize that right themselves
by the means at their disposal. The obligation to
fulfil (promote) the right to health requires States
to undertake actions that create, maintain and
restore the health of the population. Such obligations
include: (i) fostering recognition of factors favouring
positive health results, e.g. research and provision
of information; (ii) ensuring that health services are
culturally appropriate and that health care staff are
trained
needs
to
recognize
of
ensuring
and
vulnerable
respond
to
the
or marginalized
that the State
meets
specific
groups;
(iii)
its obligations in the
dissemination of appropriate information relating to
healthy lifestyles and nutrition, harmful traditional
practices
and
the availability
of services;
(iv)
supporting people in making informed choices about
their health.
International obligations
38.
In its General Comment
No. 3, the Committee
drew attention to the obligation of all States parties
to take steps, individually and through international
assistance and cooperation, especially economic
and
technical,
towards
the
full
realization
of the
rights recognized in the Covenant, such as the right
to health. In the spirit of article 56 of the Charter
of the United Nations, the specific provisions of the
Covenant (articles 12, 2.1, 22 and 23) and the AlmaAta Declaration on primary health care, States parties
should
recognize the essential role of international
cooperation
25
and
comply
with
their commitment
to
Elements of such a policy are the identification,
determination,
materials,
equipment,
authorization
substances,
and
processes;
the
provision
of health
regulations
through
control
of
agents
information
dangerous
and
work
to workers
and the provision, if needed, of adequate protective
clothing and equipment; the enforcement of laws and
adequate
inspection;
the requirement
of notification of occupational accidents and diseases, the
conduct of inquiries into serious accidents and diseases, and
take joint and separate action to achieve the full
realization of the right to health. In this regard, States
parties are referred to the Alma-Ata Declaration
which proclaims that the existing gross inequality in
the health status of the people, particularly between
developed and developing countries, as well as within
countries, is politically, socially and economically
unacceptable
and
is, therefore,
of common
concern
to all countries.*¢
39. To comply with their international obligations in
relation to article 12, States parties have to respect
the enjoyment of the right to health in other countries,
and to prevent third parties from violating the right in
other countries, if they are able to influence these
third parties by way of legal or political means, in
accordance with the Charter of the United Nations
and applicable international law. Depending on the
availability of resources, States should facilitate
access to essential health facilities, goods and
services in other countries, wherever possible and
provide the necessary aid when required.*’ States
parties should ensure that the right to health is given
due attention in international agreements and, to
that end, should consider the development of further
legal instruments. In relation to the conclusion of
other international agreements, States parties should
take steps to ensure that these instruments do not
adversely impact upon the right to health. Similarly,
States parties have an obligation to ensure that their
actions as members of international organizations
take due account of the right to health. Accordingly,
States parties which are members of international
financial
institutions,
notably
the
International
Monetary
Fund,
the World
Bank,
and
regional
development banks, should pay greater attention to
the protection of the right to health in influencing the
lending policies, credit agreements and international
measures of these institutions.
40,
States
parties
have
a
joint
and
individual
responsibility, in accordance with the Charter of the
United Nations and relevant resolutions of the United
Nations General Assembly and of the World
Health
Assembly, to cooperate in providing disaster relief
and humanitarian assistance in times of emergency,
including
assistance to refugees
and_ internally
displaced persons. Each State should contribute to
this task to the maximum of its capacities. Priority in
the provision of international medical aid, distribution
and management of resources, such as safe and
the production of annual statistics; the protection of workers
and their representatives from disciplinary measures for
actions properly taken by them in conformity with such a
26
Article Il, Alma-Ata
international Conference on
Declaration, Report of the
Primary Health Care, Alma-
policy; and the provision of occupational health services
with essentially preventive functions, See ILO Occupational
Ata, 6-12 September 1978, in: Worid Health Organization,
Occupational
“Health for All" Series, No. 1, WHO, Geneva, 1978.
27
See para. 45 of this General Comment.
Safety
38
and
Health
Convention,
1981
(No.
155)
and
Health Services Convention, 1985 (No. 161).
cure ECONOMIC, SOCIAL AND CULTURAL RIGHTS HANDBOOK