A/HRC/38/37
6.
The following interrelated and essential elements are part of the normative content
of the right to health:5
(a)
Availability, which requires functioning public health and health-care
facilities, goods and services to be available in sufficient quantity within the State;
(b)
Accessibility, which requires health facilities, goods and services to be
affordable and physically accessible to all on the basis of non-discrimination;
(c)
Acceptability, which requires health facilities, goods and services to be
gender-sensitive, culturally, scientifically and medically appropriate and respectful of
medical ethics;
(d)
Quality, which requires health facilities, goods and services to be
scientifically and medically appropriate.
7.
The right to informed consent is a fundamental dimension of the right to physical
and mental health. It protects the right of the patient to be involved voluntarily and
sufficiently in medical decision-making, and assigns associated duties and obligations to
health-care providers. Important components of informed consent include: (a) respect for
legal capacity, generally determined by the ability to comprehend, retain, believe and
evaluate information provided in arriving at a decision; (b) respect for personal autonomy,
without coercion, undue influence or misrepresentation; and (c) completeness of
information, including associated benefits, risks and alternatives to a medical procedure.6
8.
The human rights-based approach arising from these norms also requires that health
authorities and other duty bearers be held accountable for meeting human rights obligations
in public health, including through the possibility for rights holders to seek effective
remedies when their right to health is violated, through effective judicial complaints
mechanisms or other appropriate avenues for redress. States have an obligation to ensure
the meaningful participation of all stakeholders in the development, implementation and
monitoring of health policy.
9.
The International Covenant on Economic, Social and Cultural Rights provides for
the progressive realization of the right to health and other economic, social and cultural
rights. At the same time, it also imposes on States parties various obligations that have
immediate effect, such as guaranteeing the exercise of the right without discrimination, and
taking deliberate, concrete and targeted measures to move as expeditiously and effectively
as possible towards the full realization of the right, using the maximum available resources.
States parties have core obligations to ensure the satisfaction, at the very least, of a
minimum essential level of the right, including: (a) ensuring access to health facilities,
goods and services on a non-discriminatory basis, especially for vulnerable or marginalized
groups; (b) ensuring access to basic shelter, housing and sanitation, and an adequate supply
of safe and potable water; (c) providing essential drugs, as defined in the World Health
Organization (WHO) Model List of Essential Medicines; (d) ensuring the equitable
distribution of all health facilities, goods and services; and (e) adopting and implementing a
national public health strategy and plan of action.7 Additional obligations of comparable
priority include ensuring reproductive, maternal and child health care, and providing
immunization against the major infectious diseases occurring in the community, education
and access to health information and training for health personnel, including education on
health and human rights.8
5
6
7
8
4
See Committee on Economic, Social and Cultural Rights, general comment No. 14, para. 12.
See A/64/272, sects. II–III.
See Committee on Economic, Social and Cultural Rights, general comment No. 14, para. 43.
Ibid., para. 44.
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