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him with emergency treatment; they lacked bed space, as well as trauma and neurological
services. The issue before the Court was whether inadequate medical facilities for emergency
treatment constituted a denial of the right to life.
65.
The Court found that it was the duty of a State to ensure that medical facilities for
emergency treatment were adequately available. It required the State to ensure that primary
health centres were equipped to provide immediate stabilizing treatment for serious injuries and
emergencies. In addition, the Court ordered the State to increase the number of specialist and
regional clinics around the country available to treat serious injuries, and to create a centralized
communication system among State hospitals so that patients could be transported immediately
to the facilities where space is available. The Court recognized that substantial expenditure was
needed to ensure that medical facilities were adequate. However, it held that “a State could not
avoid this constitutional obligation on account of financial constraints”.
66.
At the end of this section, the Special Rapporteur confines himself to two remarks. First,
progressive realization does not mean that a State is free to adopt any measures that are broadly
going in the right direction. States have a legal obligation to take “deliberate, concrete and
targeted” steps towards the realization of the right to health for all.49 Health research and
experience confirm that some measures work better than others. States are obliged to take those
measures that are the best available to them.
67.
Second, Samity confirms that there are health-related rights that give rise to some
immediate obligations that are not subject to resource availability. More work needs to be done
to clarify what these immediate obligations are in the health context. However, if a Government
of a low-income country has insufficient resources to meet its immediate health-related
obligations, it is incumbent upon those in a position to assist to provide international assistance
and cooperation that will enable the Government to meet its immediate obligations.50
C. Available, accessible, acceptable and of good quality
68.
Health facilities, goods and services must be available, accessible, acceptable and of good
quality, as illustrated by the following cases.51 The precise practical application of these
requirements - available, accessible and so on - may vary from one country to another depending
upon, for example, resource availability.
1. Available
69.
The right to health requires functioning health facilities, goods and services to be
available in sufficient quantity throughout a State.
70.
In the case of Mariela Viceconte v. Ministry of Health and Social Welfare,
Mariela Viceconte, and the National Ombudsman, asked the court to order the Government of
Argentina to take protective measures against haemorrhagic fever which threatened 3.5 million
people.52 More specifically, they asked the court to order the Government to produce a WHO
certified vaccine (Candid-1) for Argentine haemorrhagic fever. According to the court, it was
the Government’s responsibility to make health care available in a situation where the existing
health-care system, including the private sector, was not protecting individuals’ health. In light
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