accessibility of information should not impair the right
to have personal health
data treated with confidentiality;
(c)
Acceptability. All health facilities, goods and services must be respectful of
medical ethics and culturally appropriate, i.e. respectful of the culture of individuals,
minorities, peoples and communities, sensitive to gender and life-cycle requirements,
as well as being designed to respect confidentiality and improve the health status of
those concerned;
(d) Quality.
As well as being culturally acceptable, health facilities, goods and
services must also be scientifically and medically appropriate and of good quality.
This requires, inter alia, skilled medical personnel, scientifically approved and
unexpired drugs and hospital equipment, safe and potable water, and adequate
sanitation.
13.
The non-exhaustive catalogue of examples in article 12.2 provides guidance in
defining the action to be taken by States
. It gives specific generic examples of
measures arising from the broad definition of the right to health contained in article
12.1, thereby illustrating the content of that right, as exemplified in the following
paragraphs.
9
Article 12.2 (a): The right to maternal, child and reproductive health
14.
“The provision for the reduction of the stillbirth rate and of infant mortality
and for the healthy development of the child” (art. 12.2 (a))
10
may be understood as
requiring measures to improve child and maternal health, sexual and reproductive
health services, including access to family planning, pre- and post-natal care,
11
8
See article 19.2 of the International Covenant on Civil and Political Rights. This general comment
gives particular emphasis to access to information because of the special importance of this issue in
relation to health.
9
In the literature and practice concerning the right to health, three levels of health care are frequently
referred to:
primary health care typically deals with common and relatively minor illnesses and is
provided by health professionals and/or generally trained doctors working within the community at
relatively low cost; secondary health care is provided in centres, usually hospitals, and typically deals
with relatively common minor or serious illnesses that cannot be managed at community level, using
specialty-trained health professionals and doctors, special equipment and sometimes inpatient care at
comparatively higher cost; tertiary health care is provided in relatively few centres, typically deals
with small numbers of minor or serious illnesses requiring specialty-trained health professionals and
doctors and special equipment, and is often relatively expensive. Since forms of primary, secondary
and tertiary health care frequently overlap and often interact, the use of this typology does not always
provide sufficient distinguishing criteria to be helpful for assessing which levels of health care States
parties must provide, and is therefore of limited assistance in relation to the normative understanding
of article 12.
10
According to WHO, the stillbirth rate is no longer commonly used, infant and under-5 mortality
rates being measured instead.
11
Prenatal denotes existing or occurring before birth; perinatal refers to the period shortly before and
after birth (in medical statistics the period begins with the completion of 28 weeks of gestation and is
emergency obstetric services and access to information, as well as to resources
necessary to act on that information.
12
Article 12.2 (b): The right to healthy natural and workplace environments
15.
“The improvement of all aspects of environmental and industrial hygiene” (art.
12.2 (b)) comprises, inter alia, preventive measures in respect of occupational
accidents and diseases; the requirement to ensure an adequate supply of safe and
potable water and basic sanitation; the prevention and reduction of the population’s
exposure to harmful substances such as radiation and harmful chemicals or other
detrimental environmental conditions that directly or indirectly impact upon human
health.
13
Furthermore, industrial hygiene refers to the minimization, so far as is
reasonably practicable, of the causes of health hazards inherent in the working
environment.
14
Article 12.2 (b) also embraces adequate housing and safe and
hygienic working conditions, an adequate supply
of food and proper nutrition, and
discourages the abuse of alcohol, and the use of tobacco, drugs and other harmful
substances.
Article 12.2 (c): The right to prevention, treatment and control of diseases
16.
“The prevention, treatment and control of epidemic, endemic, occupational
and other diseases” (art. 12.2 (c)) requires the establishment of prevention and
education programmes for behaviour-related health concerns such as sexually
transmitted diseases, in particular HIV/AIDS, and those adversely affecting sexual
and reproductive health, and the promotion of social determinants of good health,
such as environmental safety, education, economic development and gender equity.
The right to treatment includes the creation of a system of urgent medical care in
cases of accidents, epidemics and similar health hazards, and the provision of disaster
relief and humanitarian assistance in emergency situations. The control of diseases
refers to
variously defined as ending one to four weeks after birth); neonatal, by contrast, covers the period
pertaining to the first four weeks after birth; while
post-natal denotes occurrence after birth. In this
general comment, the more generic terms pre- and post-natal are exclusively employed.
12
Reproductive health means that women and men have the freedom to decide if and when to
reproduce and the right to be informed
and to have access to safe, effective, affordable and acceptable
methods of family planning of their choice as well as the right of access to appropriate health-care
services that will, for example, enable women to go safely through pregnancy and childbirth.
13
The Committee takes note, in this regard, of Principle 1 of the Stockholm Declaration of 1972
which states: “Man has the fundamental right to freedom, equality and adequate conditions of life, in
an environment of a quality that permits a life of dignity and well-being”, as well as of recent
developments in international law, including General Assembly resolution 45/94 on the need to ensure
a healthy environment for the well-being of individuals; Principle 1 of the Rio Declaration; and
regional human rights instruments such as article 10 of the San Salvador Protocol to the American
Convention on Human Rights.
14
ILO Convention No. 155, article 4.2.