detailed plan for realizing the right to health. States must
ensure provision of health
care, including immunization programmes against the major infectious diseases, and
ensure equal access for all to the underlying determinants of health, such as
nutritiously safe food and potable drinking water, basic sanitation and adequate
housing and living conditions. Public health infrastructures should provide for sexual
and reproductive health services, including safe motherhood, particularly in rural
areas. States have to ensure the appropriate training of doctors and other medical
personnel, the provision of a sufficient number of hospitals, clinics and other
health-related facilities, and the promotion and support of the establishment of
institutions providing counselling and mental health services, with due regard to
equitable distribution throughout the country. Further obligations include the
provision of a public, private or mixed health insurance system which is affordable for
all, the promotion of medical research and health education, as well as information
campaigns, in particular with respect to HIV/AIDS, sexual and reproductive health,
traditional practices, domestic violence, the abuse of alcohol and the use of cigarettes,
drugs and other harmful substances. States are also required to adopt measures
against environmental and occupational health hazards and against any other threat as
demonstrated by epidemiological data. For this purpose they should formulate and
implement national policies aimed at reducing and eliminating pollution of air, water
and soil, including pollution by heavy metals such as lead from gasoline.
Furthermore, States parties are required to formulate, implement and periodically
review a coherent national policy to minimize the risk of occupational accidents and
diseases, as well as to provide a coherent national policy on occupational safety and
health services.
25
37.
The obligation to
fulfil (
facilitate) requires States inter alia to take positive
measures that enable and assist individuals and communities to enjoy the right to
health. States parties are also obliged to fulfil (provide) a specific right contained in
the Covenant when individuals or a group are unable, for reasons beyond their
control, to realize that right themselves by the means at their disposal. The obligation
to fulfil (promote) the right to health requires States to undertake actions that create,
maintain and restore the health of the population. Such obligations include:
(i) fostering recognition of factors favouring positive health results, e.g. research and
provision of information; (ii) ensuring that health services are culturally appropriate
and that health-care staff are trained to recognize and respond to the specific needs of
vulnerable or marginalized groups; (iii) ensuring that the State meets its obligations in
the dissemination of appropriate information relating to healthy lifestyles and
25
Elements of such a policy are the identification, determination, authorization and control of
dangerous
materials, equipment, substances, agents and work processes; the provision of health
information to workers and the provision, if needed, of adequate protective clothing and equipment; the
enforcement of laws and regulations through adequate inspection; the requirement of notification of
occupational accidents and diseases, the conduct of inquiries into serious accidents and diseases, and
the production of annual statistics; the protection of workers and their representatives from disciplinary
measures for actions properly taken by them in conformity with such a policy; and the provision of
occupational health services with essentially preventive functions. See ILO Occupational Safety and
Health Convention, 1981 (No. 155) and Occupational Health Services Convention, 1985 (No. 161).
nutrition, harmful traditional practices and the availability of services; (iv) supporting
people in making informed choices about their health.
International obligations
38.
In its general comment No. 3, the Committee drew attention to the obligation
of all States parties to take steps, individually and through international assistance and
cooperation, especially economic and technical, towards the full realization of the
rights recognized in the Covenant, such as the right to health. In the spirit of Article
56 of the Charter of the United Nations, the specific provisions of the Covenant (arts.
12, 2.1, 22 and 23) and the Alma-Ata Declaration on primary health care, States
parties should recognize the essential role of international cooperation and comply
with their commitment to take joint and separate action to achieve the full realization
of the right to health. In this regard, States parties are referred to the Alma-Ata
Declaration which proclaims that the existing gross inequality in the health status of
the people, particularly between developed and developing countries, as well as
within countries, is politically, socially and economically unacceptable and is,
therefore, of common concern to all countries.
26
39.
To comply with their international obligations in relation to article 12,
States
parties have to respect the enjoyment of the right to health in other countries, and to
prevent third parties from violating the right in other countries, if they are able to
influence these third parties by way of legal or political means, in accordance with the
Charter of the United Nations and applicable international law. Depending on the
availability of resources, States should facilitate access to essential health facilities,
goods and services in other countries, wherever possible, and provide the necessary
aid when required.
27
States parties should ensure that the right to health is given due
attention in
international agreements and, to that end, should consider the
development of further legal instruments. In relation to the conclusion of other
international agreements, States parties should take steps to ensure that these
instruments do not adversely impact upon the right to health. Similarly, States parties
have an obligation to ensure that their actions as members of international
organizations take due account of the right to health. Accordingly, States parties
which are members of international financial institutions, notably the International
Monetary Fund, the World Bank, and regional development banks, should pay greater
attention to the protection of the right to health in influencing the lending policies,
credit agreements and international measures of these institutions.
40.
States parties have a joint and individual responsibility, in accordance with the
Charter of the United Nations and relevant resolutions of the United
Nations
General Assembly and of the World Health Assembly, to cooperate in providing
26
Article II, Alma-Ata Declaration, Report of the International Conference on Primary Health Care,
Alma-Ata, 6-12 September 1978, in: World Health Organization, “Health for All” Series, No. 1,
WHO, Geneva, 1978.
27
See paragraph 45 of this general comment.