5. Moreover, the right to health includes a constellation of rights and freedoms emanating from it,
represented in the right of the person to control his/her health and body, including the freedom to
reproduce, the right to not being subject to medical treatment without his consent, and to be secure
from being subject to any medical experiments without his consent; and freedom from torture and
other forms of treatment or harsh or inhuman or degrading punishment.
6. The right to health includes a set of entitlements including providing a system to protecting health
entailing equal opportunities for all to enjoy the highest level attainable in the health field, the right
to prevention, treatment and resisting illnesses, rendering the essential medicines available to all,
in addition to the necessity of providing a health system which guarantees maternal, childhood
and reproductive health, and assures access to basic health services on an equal footing and at the
suitable time; this in addition to the necessity of providing information and health education to all,
and to involve the residents in the process of decision making connected to health at the national
and societal levels.
7. Moreover, the provision of services, goods and health facilities to all without discrimination is
considered one of the foremost basic aspects of this right, and by discrimination is considered
any exclusion or restriction on the basis of various reasons whose consequence or purposes is to
undermine or rescind recognition of human rights and basic rights or enjoying them or practicing
them, which is ordinarily connected to the marginalization of particular segments in society which
leads to an increased weakness of these segments and their exposure to poverty and bad health.
8. The onus is on the states to commit to prohibiting and preventing discrimination of whatever cause
and to guarantee equality to all insofar as enjoying healthcare and availing of the basic components
of the right to health. The principle of non-discrimination and equality includes the recognition
and the dealing of states with segments with special needs concerning groups that face particular
health challenges such as the high rates of death due to exposure to contagious diseases. Moreover,
the commitment to guarantee non-discrimination requires the application of particular health
standards to particular segments such as women or children or the disabled.
9. The committee concerned with the economic, social and cultural rights has pointed out that it is
impermissible for states to justify the lack of protection of weak persons in society from discrimination
by virtue of health whether in accordance with a law or in practical reality. Accordingly, it is
incumbent on states even in difficult conditions to protect the weak in society such by means of
adopting low-cost specially oriented programs.
10. Furthermore, it is necessary to provide all the services, goods and facilities which may be accessible
and are of acceptable and good quality, and this can only be through making available the facilities,
goods and the effective public services for adequate health care for all in the State, coupled with the
possibility of receiving it materially and financially without discrimination for all the population
sectors including children, adolescents, the elderly, the physically disabled and other special
or weak segments and groups. These available facilities shall extend to encompass obtaining
information related to health, receiving it and sending it in understandable form to all including
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