disaster relief and humanitarian assistance
in times of emergency, including assistance
to refugees and internally displaced persons. Each State should contribute to this task
to the maximum of its capacities. Priority in the provision of international medical
aid, distribution and management of resources, such as safe and potable water, food
and medical supplies, and financial aid should be given to the most vulnerable or
marginalized groups of the population. Moreover, given that some diseases are easily
transmissible beyond the frontiers of a State, the international community has a
collective responsibility to address this problem. The economically developed States
parties have a special responsibility and interest to assist the poorer developing States
in this regard.
41.
States parties should refrain at all times from imposing embargoes or similar
measures restricting the supply of another State with adequate medicines and medical
equipment. Restrictions on such goods should never be used as an instrument of
political and economic pressure. In this regard, the Committee recalls its position,
stated in general comment No. 8, on the relationship between economic sanctions and
respect for economic, social and cultural rights.
42.
While only States are parties to the Covenant and thus ultimately accountable
for compliance with it, all members of society - individuals, including health
professionals, families, local communities, intergovernmental and non-governmental
organizations, civil society organizations, as well as the private business sector - have
responsibilities regarding the realization of the right to health. States parties should
therefore provide an environment which facilitates the discharge of these
responsibilities.
Core obligations
43.
In general comment No. 3, the Committee confirms that States parties have a
core obligation to ensure the satisfaction of, at the very least, minimum essential
levels of each of the rights enunciated in the Covenant, including essential primary
health care. Read in conjunction with more contemporary instruments, such as the
Programme of Action of the International Conference on Population and
Development,
28
the Alma-Ata Declaration provides compelling guidance on the core
obligations arising from article 12. Accordingly, in the Committee’s view, these core
obligations include at least the following obligations:
(a)
To ensure the right of access to health facilities, goods and services on a
non-discriminatory basis, especially for vulnerable or marginalized groups;
(b)
To ensure access to the minimum essential food which is nutritionally
adequate and safe, to ensure freedom from hunger to everyone;
28
Report of the International Conference on Population and Development, Cairo,
5-13 September
1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex, chaps. VII and
VIII.
(c)
To ensure access to basic shelter, housing and sanitation, and an adequate
supply of safe and potable water;
(d) To
provide
essential
drugs, as from time to time defined under the WHO
Action Programme on Essential Drugs;
(e)
To ensure equitable distribution of all health facilities, goods and services;
(f)
To adopt and implement a national public health strategy and plan of action,
on the basis of epidemiological evidence, addressing the health concerns of the whole
population; the strategy and plan of action shall be devised, and periodically
reviewed, on the basis of a participatory and transparent process; they shall include
methods, such as right to health indicators and benchmarks, by which progress can be
closely monitored; the process by which the strategy and plan of action are devised, as
well as their content, shall give particular attention to all vulnerable or marginalized
groups.
44.
The Committee also confirms that the following are obligations of comparable
priority:
(a)
To ensure reproductive, maternal (prenatal as well as post-natal) and child
health care;
(b)
To provide immunization against the major infectious diseases occurring in
the community;
(c)
To take measures to prevent, treat and control epidemic and endemic diseases;
(d)
To provide education and access to information concerning the main health
problems in the community, including methods of preventing and controlling them;
(e)
To provide appropriate training for health personnel, including education on
health and human rights.
45.
For the avoidance of any doubt, the Committee wishes to emphasize that it is
particularly incumbent on States parties and other actors in a position to assist, to
provide “international assistance and cooperation, especially economic and
technical”
29
which enable developing countries to fulfil their core and other
obligations indicated in paragraphs 43 and 44 above.
3. Violations
46.
When the normative content of article 12 (Part I) is applied to the obligations
of States parties (Part II), a dynamic process is set in motion which facilitates
identification of violations of the right to health. The following paragraphs provide
illustrations of violations of article 12.
29
Covenant, art. 2.1.