18. Moreover, the Law established the National Committee for the Fight against HIV/AIDS and assigned
to the executive regulation of the Law the statement of its formation, jurisdiction and the provisions
related to it, and the law also did not overlook stating the punishments for violating its provisions
and accordingly the National Institutions hopes from the ministry concerned with health affairs to
expedite issuing the executive regulation of the Law and the other relevant decisions implementing
it.
19. In view of the accession of the Kingdom of Bahrain to the provisions of the International Covenant
on Economic, Social and Cultural Rights of 1966 by virtue of Law No. (10) of 2007 which affirms
in Article (12) thereof the right of every person to enjoy the highest attainable standard of physical
and mental health, where it is incumbent on the signatory state in accordance with the provisions
of this international convention to comply with a constellation of or general or specific obligations,
including a general commitment to the principle of gradual effectuation, and to implement this
principle, it is incumbent on the signatory state to proceed forward as expeditiously as possible,
whether individually or due to international assistance and cooperation, and to the farthest limit
allowed by its available resources, to promote and protect the right to health, culminating with
attaining the highest attainable health standard. Accordingly, it is utterly unacceptable for the state
to wilfully take backward steps which diminish for the individuals to enjoy the right to health, and
in case it does not adopt such measures the onus is upon it to prove what justifies for it to resort to
those steps, such within the context of full use of the utmost available resources.
20. Even though the right to health emerges within the framework of the principle of gradual effectuation,
there are immediate obligations upon the State where it is impermissible in any case whatsoever to
justify a particular form of conduct within the context of this principle, and particularly for the State
to undertake to assure the enjoyment by persons of the right to health without any discrimination
and on an equal footing between all those subject to its judicial jurisdiction.
21. As to the particular obligations upon the State which is a party to the International Covenant it
is necessary for it to undertake to respect the right to healthcare, and such is by refraining from
interfering directly or indirectly in the enjoyment of the right to health, and the respect of the State of
the right to health is actualized, when it prevents or restricts the availability of equal opportunities
for all persons including prison inmates and detainees or minorities or otherwise insofar as availing
of preventive and remedial services, or to refrain from imposing discriminatory practices insofar as
the conditions and needs of woman, or refraining from prohibiting or hampering preventive care,
or marketing unsafe medications, or refraining from illegal pollution of air, water and soil.
22. It is also incumbent on the State which is a party to the International Covenant to protect the right
to health through an obligation entailing for the State to adopt measures preventing third parties
from interfering with this right, and the protection of the State shall have been actualized, upon
its adoption of all the legislative and administrative measures which guarantee equality and nondiscrimination in the opportunities for receiving health care and services provided by third parties
(private sector), while guaranteeing that the privatization of the health sector does not imperil the
availability of health facilities and services, and the possibility of accessing them, coupled with their
acceptability and quality.
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