Investigations

The Right to Health

PHR adopts a human rights-based approach to health, which includes but goes beyond work on the specific right to health. The right to the “highest attainable standard of physical and mental health” (the ‘right to health’) is recognized in Article 12 of the International Covenant on Economic, Social and Cultural Rights, as well as in a broad array of other international and regional treaties, and has been authoritatively interpreted under several of these. The right to health comprises both health care and so-called basic pre-conditions to health, such as clean water, sanitation, nutrition and adequate housing. Under international law, health care facilities, goods and services (which include the basic pre-conditions of health) are to be: available; accessible (both physically and economically, on a non-discriminatory basis and with respect to seeking and receiving information about health issues); acceptable (both in scientific and cultural terms); and of adequate quality (e.g., skilled medical personnel, scientifically approved and unexpired drugs and hospital equipment, safe and potable water, and adequate sanitation).

In PHR’s work documenting the impact of egregious violations of civil and political rights and humanitarian law on health, the health effects of these abuses — as in the case of torture or war crimes — are usually clear. There are occasions, though, when we look at a broader range of human rights that affect health, such as the denial of access to education and civic participation to women. Focusing on the right to health is particularly useful regarding the provision of and needs for health services and elements of public health infrastructure like water, sanitation, health personnel, and prevention, as well as addressing discrimination in access to health care facilities, goods, and services, as defined above.

It is important to underscore that a human rights-based approach to health, including work on the right to health, does not construe health as merely a package of services but rather emphasizes genuine participation by those affected at all levels of decision-making. Further, a human rights-based approach to health emphasizes accountability for failures by states and certain relevant non-state actors to meet obligations under international law.