Major Treaties and Right to Health Around the World - Beni Prasad Rathore

The Right to health treaties are international legal instruments that recognize the right to health as a fundamental human right. These treaties establish the legal framework for protecting and promoting the right to health and set out the rights and obligations of states in relation to health.

The right to health is defined in these treaties as the right of every individual to have access to the highest attainable standard of physical and mental health. This includes the right to access healthcare services, the right to the enjoyment of the benefits of scientific progress and the right to information about health. It also includes the right to participate in the planning and implementation of health policies and the right to non-discrimination in access to healthcare services.

Right to health treaties also require states to take necessary steps to protect and promote the right to health, and to ensure that healthcare services are available to all individuals regardless of their ability to pay or their background or circumstances. This includes the obligation to provide accessible and affordable healthcare services, to prevent and combat diseases, to provide education and information on health issues, and to conduct research and development in the field of health.

In addition, right to health treaties also call for international cooperation and partnership in order to achieve the common goal of promoting and protecting the right to health for all.

Overall, right to health treaties are legally binding instruments that serve as a framework for states to protect and promote the right to health, and to ensure that everyone has access to the highest attainable standard of physical and mental health. There are several major laws and frameworks around the world that aim to protect and promote the right to health.

Some of the most notable treaties include:

1. The Universal Declaration of Human Rights: Adopted by the United Nations General Assembly in 1948, the Universal Declaration of Human Rights includes the right to health as one of its fundamental human rights. It states that "everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, and medical care."
2. The International Covenant on Economic, Social and Cultural Rights: This treaty, adopted by the United Nations General Assembly in 1966, includes the right to health as one of its protected rights. It requires states to take steps to ensure the "enjoyment of the highest attainable standard of physical and mental health."
3. The World Health Organization's Constitution: The World Health Organization (WHO) is a specialized agency of the United Nations that has a mandate to promote health and to combat disease. The WHO Constitution, adopted in 1946, states that "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."
4. The African Charter on Human and Peoples' Rights: Adopted by the Organization of African Unity in 1981, the African Charter on Human and Peoples' Rights includes the right to health as one of its protected rights. It requires states to take steps to protect and promote the right to health and to ensure that healthcare services are available to all without discrimination.
5. The American Convention on Human Rights: Adopted by the Organization of American States in 1969, the American Convention on Human Rights includes the right to health as one of its protected rights. It requires states to take steps to ensure the "right to life, humane treatment, and the protection of health."
6. The European Convention on Human Rights: Adopted by the Council of Europe in 1950, the European Convention on Human Rights includes the right to health as one of its protected rights. It requires states to take steps to ensure that healthcare services are available to all without discrimination.

These are some of the major treaties and conventions around the world that aim to protect and promote the right to health. It's important to note that the actual implementation and enforceability of these laws vary by country and are subject to the domestic laws and policies of each nation.

Now we will study these treaties in more detail to understand the importance of the right to health laws in every country.

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948, is an international human rights instrument that recognizes the right to health as one of its fundamental human rights. The Declaration states that "everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, and medical care."

The salient features of the Universal Declaration of Human Rights in relation to health are:

1. Right to a standard of living adequate for health and well-being: The Declaration recognizes that everyone has the right to a standard of living that is adequate for their health and well-being, including access to food, clothing, housing, and medical care. This means that everyone has the right to access basic necessities that are essential for maintaining good health.
2. Right to medical care: The Declaration recognizes that everyone has the right to medical care. This means that everyone has the right to access healthcare services, regardless of their ability to pay.
3. Right to food, clothing, and housing: The Declaration recognizes that everyone has the right to food, clothing, and housing. These are basic necessities that are essential for maintaining good health.
4. Right to family: The Declaration recognizes that everyone has the right to a standard of living adequate for the health and well-being of themselves and their family. This means that everyone has the right to access healthcare services and basic necessities for themselves and their family members.
5. Right to non-discrimination: The Declaration recognizes that everyone has the right to health without discrimination of any kind, such as race, religion, political belief, economic or social condition. This means that everyone has an equal right to access healthcare services and basic necessities, regardless of their background or circumstances.
6. Right to privacy and confidentiality: The Declaration recognizes that everyone has the right to privacy and confidentiality in relation to their health information. This means that individuals have the right to control who has access to their health information and how it is used.

The Universal Declaration of Human Rights recognizes the right to health as one of its fundamental human rights. The salient features of the Declaration in relation to health are the right to a standard of living adequate for health and well-being, right to medical care, right to food, clothing, and housing, right to family, right to non-discrimination and right to privacy and confidentiality.

The International Covenant on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a human rights treaty adopted by the United Nations General Assembly in 1966. It includes the right to health as one of its protected rights. The Covenant recognizes that the right to health is an essential component of the right to an adequate standard of living and that it is necessary for the full enjoyment of other human rights.

The salient features of the ICESCR in relation to health are:

1. Right to the highest attainable standard of physical and mental health: The Covenant recognizes that everyone has the right to the highest attainable standard of physical and mental health. This means that individuals have the right to access healthcare services that are of the highest possible quality.
2. Right to the enjoyment of the benefits of scientific progress: The Covenant recognizes that individuals have the right to the enjoyment of the benefits of scientific progress and its applications. This means that individuals have the right to access the latest medical treatments, technologies, and medicines.
3. Right to access healthcare services: The Covenant recognizes that individuals have the right to access healthcare services. This means that individuals have the right to access healthcare services regardless of their ability to pay.
4. Right to non-discrimination: The Covenant recognizes that individuals have the right to health without discrimination of any kind, such as race, religion, political belief, economic or social condition. This means that everyone has an equal right to access healthcare services and basic necessities, regardless of their background or circumstances.
5. Right to participate in the planning and implementation of health policies: The Covenant recognizes that individuals have the right to participate in the planning and implementation of health policies. This means that individuals have the right to be involved in the decision-making process that affects their health and well-being.
6. Right to information: The Covenant recognizes that individuals have the right to information on the protection and promotion of health. This means that individuals have the right to access information on health issues, including information on the prevention and treatment of diseases.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) recognizes the right to health as one of its protected rights. The salient features of the Covenant in relation to health are the right to the highest attainable standard of physical and mental health, right to the enjoyment of the benefits of scientific progress, right to access healthcare services, right to non-discrimination, right to participate in the planning and implementation of health policies and the right to information. These rights are essential for the full enjoyment of other human rights, and for the betterment of individuals health and well-being.

The World Health Organization's Constitution

The World Health Organization's (WHO) Constitution is the founding document of the World Health Organization (WHO) which is a specialized agency of the United Nations that has a mandate to promote health and to combat disease. The Constitution, adopted in 1946, sets out the rights and responsibilities of member states and the organization in relation to health.

The salient features of the WHO Constitution in relation to health are:

1. Right to the highest attainable standard of health: The Constitution states that "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." This means that everyone has the right to access healthcare services that are of the highest possible quality.
2. Right to health for all: The Constitution commits the WHO to "the attainment by all peoples of the highest possible level of health." This means that the WHO is committed to ensuring that healthcare services are available to all people, regardless of their ability to pay.
3. Right to non-discrimination: The Constitution states that the rights to health are without discrimination of any kind. This means that everyone has the right to access healthcare services and basic necessities, regardless of their background or circumstances.
4. Right to information and education: The Constitution commits the WHO to "providing objective and reliable information" and to "promoting and organizing educational and informational programs." This means that the WHO is committed to providing accurate and reliable information on health issues and to promoting education and awareness about health issues.
5. Right to research and development: The Constitution commits the WHO to "the promotion and coordination of international health work, particularly in the field of research." This means that the WHO is committed to promoting and coordinating research and development in the field of health, in order to improve the delivery of healthcare services and to find new and effective treatments for diseases.
6. Right to cooperation and partnership: The Constitution commits the WHO to "the fullest co-operation with the United Nations" and to "collaboration with other international organizations." This means that the WHO is committed to working with other international organizations and member states in order to achieve its mandate and to improve the delivery of healthcare services.
7. Right to monitoring and evaluation: The Constitution commits the WHO to "monitoring the health situation and assessing health trends." This means that the WHO is committed to monitoring and evaluating the health situation in order to identify and address health issues and to develop effective health policies.

The World Health Organization's (WHO) Constitution recognizes the right to health as one of its fundamental rights. The salient features of the Constitution in relation to health are the right to the highest attainable standard of health, right to health for all, right to non-discrimination, right to information and education, right to research and development, right to cooperation and partnership and right to monitoring and evaluation. These rights ensure that the WHO is committed to promote health and to combat disease for all people.

The African Charter on Human and Peoples' Rights

The African Charter on Human and Peoples' Rights (African Charter) is a human rights treaty adopted by the Organization of African Unity (OAU) in 1981. It includes the right to health as one of its protected rights. The African Charter is a legally binding instrument that sets out the rights and obligations of states in relation to health.

The salient features of the African Charter in relation to health are:

1. Right to the protection and promotion of health: The African Charter requires states to take steps to protect and promote the right to health. This means that states have the obligation to ensure that healthcare services are available to all individuals and that individuals have the right to access healthcare services.
2. Right to non-discrimination: The African Charter prohibits discrimination of any kind, including on the grounds of health. This means that individuals have the right to access healthcare services regardless of their background or circumstances.
3. Right to access healthcare services: The African Charter requires states to take steps to ensure that healthcare services are available to all individuals. This means that individuals have the right to access healthcare services regardless of their ability to pay.
4. Right to participate in the planning and implementation of health policies: The African Charter recognizes that individuals have the right to participate in the planning and implementation of health policies. This means that individuals have the right to be involved in the decision-making process that affects their health and well-being.
5. Right to information: The African Charter recognizes that individuals have the right to information on the protection and promotion of health. This means that individuals have the right to access information on health issues, including information on the prevention and treatment of diseases.
6. Right to education: The African Charter requires states to take steps to ensure that individuals have access to education on health issues. This means that individuals have the right to access education on health issues and to learn about how to maintain their health and well-being.

The African Charter on Human and Peoples' Rights recognizes the right to health as one of its protected rights. The salient features of the Charter in relation to health are the right to the protection and promotion of health, right to non-discrimination, right to access healthcare services, right to participate in the planning and implementation of health policies, right to information and the right to education.

These rights ensure that individuals have access to healthcare services and that they are able to make informed decisions about their health and well-being. The African Charter also places an obligation on states to take steps to protect and promote the right to health, and to ensure that healthcare services are available to all individuals, regardless of their ability to pay or their background or circumstances. This means that states are responsible for ensuring that healthcare services are accessible and affordable for everyone, and that individuals have the right to participate in the decision-making process that affects their health and well-being.

The American Convention on Human Rights

The American Convention on Human Rights, also known as the Pact of San José, is a human rights treaty adopted by the Organization of American States (OAS) in 1969. It includes the right to health as one of its protected rights. The American Convention is a legally binding instrument that sets out the rights and obligations of states in relation to health.

The salient features of the American Convention in relation to health are:

1. Right to life: The American Convention recognizes that every human being has the right to life and that this right shall be protected by law. This means that individuals have the right to access healthcare services that are necessary to preserve their lives.
2. Right to humane treatment: The American Convention recognizes that every human being has the right to humane treatment and that no one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. This means that individuals have the right to access healthcare services that are humane and that do not cause them unnecessary suffering.
3. Right to personal liberty and security: The American Convention recognizes that every human being has the right to personal liberty and security and that no one shall be arbitrarily deprived of his liberty. This means that individuals have the right to access healthcare services without fear of being arbitrarily detained or imprisoned.
4. Right to privacy: The American Convention recognizes that every human being has the right to privacy and that no one shall be subject to arbitrary or unlawful interference with his privacy, family, home or correspondence. This means that individuals have the right to control who has access to their health information and how it is used.
5. Right to non-discrimination: The American Convention prohibits discrimination of any kind and requires states to take positive measures to prevent and eliminate discrimination, including on the grounds of health. This means that individuals have the right to access healthcare services regardless of their background or circumstances.
6. Right to education: The American Convention recognizes the right of everyone to education and that education shall be directed to the full development of the human personality and respect for human rights and fundamental freedoms. This means that individuals have the right to access education on health issues and to learn about how to maintain their health and well-being.

The American Convention on Human Rights recognizes the right to health as one of its protected rights, including the right to life, right to humane treatment, right to personal liberty and security, right to privacy, right to non-discrimination, and right to education. These rights ensure that individuals have access to healthcare services that are necessary to preserve their lives, are humane and do not cause unnecessary suffering, and that they are able to access healthcare services without fear of arbitrary detention or imprisonment.

The Convention also recognizes the right to privacy in relation to health information and the right to non-discrimination in access to healthcare services. Furthermore, it acknowledges the importance of education in promoting the health and well-being of individuals and the society. These rights are essential for ensuring that individuals are able to access healthcare services that are appropriate for their needs and that they are able to make informed decisions about their health and well-being.

The European Convention on Human Rights

The European Convention on Human Rights (ECHR) is a human rights treaty adopted by the Council of Europe in 1950. It includes the right to health as one of its protected rights. The ECHR is a legally binding instrument that sets out the rights and obligations of states in relation to health.

The salient features of the ECHR in relation to health are:

1. Right to life: The ECHR recognizes that everyone has the right to life and that no one shall be deprived of his or her life intentionally. This means that individuals have the right to access healthcare services that are necessary to preserve their lives.
2. Right to respect for private and family life: The ECHR recognizes that everyone has the right to respect for their private and family life, home and correspondence. This means that individuals have the right to control who has access to their health information and how it is used.
3. Right to freedom from torture, inhuman or degrading treatment or punishment: The ECHR prohibits the use of torture, inhuman or degrading treatment or punishment. This means that individuals have the right to access healthcare services that are humane and do not cause them unnecessary suffering.
4. Right to freedom from discrimination: The ECHR prohibits discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. This means that individuals have the right to access healthcare services regardless of their background or circumstances.
5. Right to education: The ECHR recognizes the right to education which shall be directed to the development of the personality of the individual and to the strengthening of respect for human rights and fundamental freedoms. This means that individuals have the right to access education on health issues and to learn about how to maintain their health and well-being.
6. Right to an effective remedy: The ECHR recognizes the right to an effective remedy for any act or omission that is in violation of rights and freedoms recognized by the Convention. This means that individuals have the right to seek redress for any violation of their rights to health.

The European Convention on Human Rights recognizes the right to health as one of its protected rights, including the right to life, right to respect for private and family life, right to freedom from torture, inhuman or degrading treatment or punishment, right to freedom from discrimination, right to education and right to an effective remedy. These rights ensure that individuals have access to healthcare services that are necessary to preserve their lives, are humane, and that they are able to access healthcare services without discrimination, they are able to seek redress if their rights are violated and have access to education that promotes the development of their personality and respect for human rights and fundamental freedoms.

These are some of the major treaties around the world that aim to protect and promote the right to health. It's important to note that the actual implementation and enforceability of these laws vary by country and are subject to the domestic laws and policies of each nation.