A/HRC/38/37
I. Introduction
1.
The present report has been prepared pursuant to Human Rights Council resolution
35/23, in which the Council requested the United Nations High Commissioner for Human
Rights to prepare a report that presents contributions of the right to health framework to the
effective implementation and achievement of the health-related Sustainable Development
Goals, identifying best practices, challenges and obstacles thereto, and to submit it to the
Council at its thirty-eighth session.
2.
In preparing the report, the Office of the United Nations High Commissioner for
Human Rights (OHCHR) consulted and took into account the views of a range of
stakeholders, as the Council encouraged it to do. A total of 49 contributions were received
from Member States, United Nations bodies, human rights treaty bodies, special procedure
mandate holders, national human rights institutions, academia and civil society
organizations. All submissions are available on the OHCHR website. 1
II. The right to health in international human rights law
3.
The right of everyone to the enjoyment of the highest attainable standard of physical
and mental health is a fundamental right that is indivisible from, and interdependent and
interrelated with, all other human rights. It is recognized in human rights instruments
adopted at both the global and the regional levels, including in article 25 (1) of the
Universal Declaration of Human Rights and article 12 of the International Covenant on
Economic, Social and Cultural Rights. The right to health is also enshrined in the
International Convention on the Elimination of All Forms of Racial Discrimination, the
Convention on the Elimination of all Forms of Discrimination against Women, the
Convention on the Rights of the Child, the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families and the Convention on
the Rights of Persons with Disabilities.2
4.
This section highlights key aspects of the normative right to health framework that
has been prepared by international human rights mechanisms. The general comments of the
Committee on Economic, Social and Cultural Rights and other treaty bodies provide
authoritative guidance on the normative content of the right and on the scope of State
obligations, including priority interventions towards the progressive realization of the right.
5.
In paragraph 11 of its general comment No. 14 (2000) on the right to the highest
attainable standard of health, the Committee on Economic, Social and Cultural Rights
interprets the right to health as an inclusive right, encompassing both the underlying
determinants of health and access to timely and appropriate health care. The right to health
contains both freedoms, such as the right to control one’s health and body and the right to
be free from interference, and entitlements, such as the right to a system of health
protection that provides equality of opportunity for people to enjoy the highest attainable
level of health.3 Regarding sexual and reproductive health in particular, freedoms include
the right to make free and responsible decisions and choices, free of violence, coercion and
discrimination, about matters concerning one’s body and sexual and reproductive health
and rights. Entitlements, on the other hand, include unhindered access to a range of health
facilities, goods, services and information, which ensure all persons full enjoyment of the
right to sexual and reproductive health. 4
1
2
3
4
See www.ohchr.org/EN/Issues/ESCR/Pages/HealthFramework.aspx.
Regional instruments recognizing the right to health include: the African Charter on Human and
Peoples’ Rights; the Additional Protocol to the American Convention on Human Rights in the Area of
Economic, Social and Cultural Rights; and the European Social Charter.
See Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the right
to the highest attainable standard of health, para. 8.
See Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016) on the right
to sexual and reproductive health, para. 5.
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents