A/HRC/19/43
other opinion, national or social origin, property, birth or other status in access to health
care and underlying determinants of health, as well as to means and entitlements for their
procurement.
31.
The Committee has stressed that even in times of severe resource constraints, the
vulnerable members of society must be protected by the adoption of relatively low-cost
targeted programmes. States have, therefore, a special obligation to provide those who do
not have sufficient means with the necessary health insurance and health-care facilities, and
to prevent any discrimination on internationally prohibited grounds in the provision of
health care and health services, especially with respect to the core obligations of the right to
health. Moreover, the Committee has recalled that inappropriate health resource allocation
can lead to discrimination that may not be overt.47 As such, initiatives taken to include noncitizens in national health insurance systems have been welcomed. 48
32.
In practice, however, the enjoyment of the right to health by non-citizens can be
severely restricted, especially as compared to the services often available to citizens. The
causes range from formal exclusion from some or all public health-care services to practical
inability to access such services due to fees charged to non-nationals, absence of a regular
immigration status or lack of any basic identity documentation.49 For instance, while
acknowledging the efforts of a State regarding health care and the improvement of living
conditions, the Committee expressed concern at the very high rate of HIV/AIDS among
persons belonging to the most vulnerable groups, including non-citizens and persons
without any identification documents, as well as at their access to health care. 50
I.
Right to adequate housing
33.
The right to adequate housing is one component of the right to the enjoyment of the
highest attainable standard of living and is recognized in article 11 of the International
Covenant on Economic, Social and Cultural Rights. The right to adequate housing has been
defined by the Committee on Economic, Social and Cultural Rights as the right to live
somewhere in security, peace and dignity. 51 Key elements of this right, also considered part
of the core obligation of the Covenant, are access to at least basic shelter and the
prohibition of forced eviction. 52 As with other economic, social and cultural rights, the
Committee on the Elimination of Racial Discrimination has called upon States to guarantee
the equal enjoyment of the right to adequate housing for citizens and non-citizens.53
34.
In practice, however, persons arbitrarily deprived of their nationality face numerous
obstacles to enjoy their right to adequate housing. States sometimes impose restrictions on
47
48
49
50
51
52
53
12
General comment No. 14, paras. 18 and 19.
Committee on the Elimination of Racial Discrimination, concluding observations: Saudi Arabia
(CERD/C/62/CO/8), para. 6.
Committee on Economic, Social and Cultural Rights, concluding observations: Nepal
(E/C.12/1/Add.66), para. 29; Committee on the Elimination of Racial Discrimination, concluding
observations: Saudi Arabia (CERD/C/62/CO/8); Slovenia (CERD/C/62/CO/9), para. 14; Bahrain
(CERD/C/BHR/CO/7), para. 14; E/CN.4/Sub.2/2003/23, para. 7; van Waas, “The situation of
stateless persons” (footnote 42 above), pp. 26-27.
Committee on Economic, Social and Cultural Rights, concluding observations: Mozambique
(CERD/C/MOZ/CO/12), para. 18.
General comment No. 4 (1991) on the right to adequate housing, para. 7.
Committee on Economic, Social and Cultural Rights, general comments No. 3 (1990) on the nature of
State parties’ obligations, para. 10; and No. 7 (1997) on the right to adequate housing – forced
evictions, para. 1.
General recommendation No. 30, para. 32.
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