The Philippine The Economic, Social, Cultural Rights
(ESCR) National Situation during the COVID-19 Pandemic
Right to Health During the COVID-19 Pandemic
10
General Comment No. 14 of the Committee on Economic, Social and Cultural Rights
(CESCR) provides that the realization of the right to health may be pursued through
numerous, complementary approaches, such as the formulation of health policies, the
distribution of all health facilities; and (4) adoption and implementation of health programs,
or the adoption of specific legal instruments. As such, the Philippine government has core
obligations on the right to health that relate to the delivery of emergency health care
such as (1) access to health facilities, goods and services on a non-discriminatory basis; (2)
provision of essential drugs; (3) equitable distribution of a national public health strategy
and plan of action that address the health concerns of the whole population.28
11
Philippine Health Insurance Corporation (PhilHealth) is paying for the full coverage for
the confinement of COVID-19 patients from 1 February to 14 April 2020.29 The cost of
COVID-19 treatment is particularly prohibitive, more so in severe cases. In some cases, the
treatment costs for individual patients reached more than a million pesos. As the pandemic
continues, this creates enormous pressure on State authorities to meet the health needs of
thousands that continue to be afflicted after 14 April. Nevertheless, in PhilHealth’s official
statement dated 16 September 2020, they assured all its members and qualified dependents
of their continuing special privileges during fortuitous events.30
28
See CESCR General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12), available at
https://www.refworld.org/pdfid/4538838d0.pdf.
29
Yahoo News!, If I Get COVID-19, How Much Do I Need to Pay?, April 15, 2020, available at https://ph.news.yahoo.
com/coronavirus-much-pay-020011172.html, accessed 21 September 2020.
30
PhilHealth (2020). PhilHealth extends special privileges to patients during fortuitous events. https://www.philhealth.
gov.ph/news/2020/privs_fortuitous.pdf.