THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
2.19 The Committee also stressed that the right to health is an inclusive right
which not only obliges States parties to provide timely and appropriate
health care, but also to address 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.26
2.20 Succeeding international human rights instruments also address the right
to health. The three international human rights treaties that have been
accepted by Malaysia define the right to health as follows:
Convention on the Elimination of All Forms of Discrimination against
Women New York,
18 December 1979
Article 12
1. States Parties shall take all appropriate measures to eliminate discrimination
against women in the field of health care in order to ensure, on a basis of
equality of men and women, access to health care services, including those
related to family planning.
2. Notwithstanding the provisions of paragraph I of this article, States Parties
shall ensure to women appropriate services in connection with pregnancy,
confinement and the post-natal period, granting free services where
necessary, as well as adequate nutrition during pregnancy and lactation.
26
Ibid. Para 11: 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.
17