Right to Health

The Right to Health as Established in International Law

The right to the enjoyment of the highest attainable standard of health is enshrined in numerous international human rights treaties.

Universal Declaration of Human Rights adopted in 1948, in its article 25 (1) states that:

“The right to standard of living adequate for the health and well-being, including [..]medical care and necessary social services, and the right to security in the event of […]sickness[&] disability”.

The International Covenant on Economic, Social and Cultural Rights (ICESCR), provides the cornerstone protection of the right to health in its article 12 (1). This includes an obligation on the part of all States parties to ensure that health facilities, goods and services are accessible to everyone, especially the most vulnerable or marginalized sections of the population, without discrimination. The Convention on the Rights of the Child (CRC) also refers to right to the highest attainable standard of health of children in its article 24(2). In the context of non-discrimination in health and access to health care, references can be found in the Convention on the Elimination of Discrimination against Women (CEDAW) Art.12(1) and the Convention on the Elimination of all forms of racial Discrimination /CERD) Art 5 (e)(iv).

Furthermore, the WHO Constitution adopted in 1946 states:

“The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition”