A/HRC/17/25
– is an important step, and one which largely remains a work in progress. The adoption of a
right to health framework, in respect of health, and of human rights-based approaches more
generally is one method by which genuine synchronicity can be achieved in respect of
health-related development work and human rights.
18.
The right to health framework complements current development approaches by
underlining the importance of aspects such as participation, community empowerment and
the need to focus on vulnerable populations. The right to health analytical framework
“unpacks” the right to health, making it easier to understand and apply in practical settings.
Its key elements are as follows:20
(a)
Identification of relevant national and international human rights laws, norms
and standards;
(b)
Recognition that the right to health is subject to resource constraints and
progressive realization, requiring the identification of indicators and benchmarks to
measure progress over time;
(c)
Recognition that the right to health imposes some obligations that are of
immediate effect, and are not subject to progressive realization;
(d)
Recognition that the right to health includes freedoms and entitlements;
(e)
The objective of ensuring that all health services, goods and facilities shall be
available, accessible, acceptable and of good quality;
(f)
States have duties to respect, protect and fulfil the right to the highest
attainable standard of health;
(g)
Special attention should be given to issues of non-discrimination, equality
and vulnerability;
(h)
Opportunities are required for the active and informed participation of
individuals and communities in decision-making that has a bearing on their health;
(i)
Developing countries have a responsibility to seek international assistance
and cooperation, while developed States have some responsibilities towards the realization
of the right to health in developing countries; and
(j)
Effective, transparent and accessible monitoring and accountability
mechanisms must be available at the national and international levels.
19.
Development and the full realization of the right to health both require long-term
strategies and planning. At the same time, the right to health framework demands that
immediate steps be taken to ensure the core obligations of the right to health, and that
special attention be given to the situation of vulnerable and marginalized groups. Whereas
some elements of the right to health allow for progressive realization in accordance with
available resources, others must be realized immediately. The realization of these aspects
of the right to health cannot be conditioned through prioritization in development planning,
policies and programmes. As the Committee on Economic, Social and Cultural Rights has
clarified, States have a core minimum obligation to ensure the satisfaction of minimum
essential levels of the right to health under the International Covenant on Economic, Social
and Cultural Rights (ICESCR), including:
(a)
The right of access to health facilities, goods and services on a nondiscriminatory basis, especially for vulnerable or marginalized groups;
20
A/62/214, para. 71.
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