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political rights dimension of health, such as torture issues. In recent years, this focus has
widened to encompass the right to the highest attainable standard of health. A few national
medical associations, such as the British Medical Association, are also giving more attention to
health and human rights. In 2006, the American Public Health Association held its annual
meeting on “Public Health and Human Rights”.
15.
Médecins Sans Frontières, Médecins du Monde, Partners in Health, Doctors for Global
Health and similar organizations of health professionals are delivering health services to
vulnerable individuals and communities in all regions of the world. Their practical, life-saving
work is inspirational. Interestingly, their use of human rights varies a great deal. Some use
human rights as an advocacy tool; others also use human rights as a way of formulating equitable
health policies and programmes; while others seldom explicitly use human rights at all. The
same can be said about organizations working in the field of development. CARE, for example,
explicitly uses human rights in its health work.
16.
Providing a bridge between many of these groups, the People’s Health Movement has
recently launched a global “Right to Health and Healthcare Campaign”.12
17.
In conclusion, space constraints permit only this brief, incomplete sketch of some recent
developments concerning civil society, health and human rights. The civil society component of
the health and human rights movement is much more dynamic today than it was only a few years
ago. Although more dynamic than before, civil society’s recognition of health issues as human
rights issues remains uneven: strong in some countries, tenuous in others, and non-existent in
many. There is an increasing recognition of the role of the right to health within the health and
human rights movement. Nonetheless, civil society within the health and human rights
movement could and should be doing much more, a crucial point that this section returns to
shortly.
C. Operationalizing the right to health: the
Special Rapporteur’s contribution
18.
General comment No. 14 greatly facilitates the design of rights-based approaches to
health. Also, it underlines the links between the right to health and other human rights.
However, although a ground-breaking document, the general comment was never intended to be
a detailed guide to the operationalization of the right to health. As its name suggests, the general
comment talks about the right to health in general terms.
19.
Since 2003, the Special Rapporteur’s reports have tried to make the right to health more
specific, accessible, practical and operational. These reports have not only drawn from general
comment No. 14, but also the work of other United Nations human rights treaty bodies,13 as well
as the practice of States, specialized agencies, courts and tribunals, non-governmental
organizations and academics. Some of the Special Rapporteur’s reports have focused on specific
elements of the right to health, such as access to medicines.14 Others have applied the right to
health to specific issues, such as the health-related Millennium Development Goals.15 Others
have looked at the right to health in relation to specific groups of people, such as those with
mental disabilities.16 Also, country reports have applied the right to health to specific
jurisdictions, such as Mozambique, Peru, Uganda, Romania and Sweden.17
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