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1 - Is there a Human Right to Health?

from Part 1 - A Right to Equal Health?

Published online by Cambridge University Press:  05 August 2013

Adina Preda
Affiliation:
Catholic University of Louvain
Patti Tamara Lenard
Affiliation:
University of Ottawa
Christine Straehle
Affiliation:
University of Ottawa
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Summary

The International Covenant on Economic, Social and Cultural Rights (ICESCR) proclaims a universal human right to health, in Article 12, which reads:

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

Let us briefly note some features of this right. First, this is a positive right that requires positive action on the part of corresponding duty bearers; the legal duties to fulfil this right fall primarily on one's state. Second, this is a right to the enjoyment of health, rather than a right to goods or services (such as healthcare) that would enable one to have a healthy life. In other words, it is a right to a certain outcome in terms of health and not merely to the opportunity for health. Third, it is a right to the highest attainable standard rather than an adequate or sufficient level of health. However, the highest attainable standard is normally interpreted in a rather conservative fashion, in the sense that it refers to the highest standard achievable in a specific country, given its resource limitations. This means that not all right-holders everywhere are entitled to the same level of health.

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Publisher: Edinburgh University Press
Print publication year: 2012

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