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The Right To Health
Article 25 of the
Universal Declaration of Human Rights (1948) states,
Everyone has the right to a standard of living adequate for
the health and well-being of himself and his family, including food, clothing,
housing, medical care and necessary social services
The Universal Declaration
became the basis for a number of human rights treaties binding in international
law.
In 1966 the UN adopted
the International Covenant on Economic, Social and Cultural Rights (ICESCR),
which Australia ratified in 1975. Article 12(a) of ICESCR states,
The States Parties to the present Covenant recognise the
right of everyone to the enjoyment of the highest standard of physical
and mental health.
Article 12 also outlines
some of the steps the States Parties must take to ensure this right:
a) The provision for the reduction of the stillbirth-rate and of
infant mortality and for the healthy development of the child;
b) The improvement
of all aspects of environmental and industrial hygiene;
c) The prevention,
treatment and control of epidemic, endemic, occupational and other diseases;
d) The creation
of conditions which would assure to all medical service and medical
attention in the event of sickness.
In August 2000 the
United Nations Committee on Economic, Social and Cultural Rights reiterated
what this provision of the Covenant requires of countries that have ratified
it.
... health care facilities, goods and services have to be accessible
to everyone without discrimination.
... health facilities,
goods and services must be accessible to all, especially the most vulnerable
or marginalised sections of the population, in law and in fact, without
discrimination ...
In ratifying ICESCR,
Australia committed itself to progressively realising these rights. Most
importantly, Australia was committed to ensuring that these rights are
guaranteed to all without discrimination, regardless of sex, race, language
or geographical location.
The right to health
is also included extensively in the Convention on the Rights of the Child
(CROC), which Australia ratified in 1990. Article 24 stipulates that every
child has the right to facilities for the treatment of illness and rehabilitation
of health. It also stipulates that Australia and the other States Parties,
to ensure every child enjoys the highest attainable standard of health,
must take appropriate measures:
a) To diminish
infant and child mortality;
b) To ensure
the provision of necessary medical assistance and health care to all
children with emphasis on the development of primary health care;
c) To combat
disease and malnutrition, including within the framework of primary
health care, through inter alia, the application of readily available
technology and through the provision of adequate nutritious foods and
clean drinking-water, taking into consideration the dangers and risks
of environmental pollution;
d) To ensure
appropriate pre-natal and post-natal health care for mothers;
e) To ensure
that all segments of society, in particular parents and children, are
informed, have access to education and are supported in the use of basic
knowledge of child health and nutrition, the advantages of breast-feeding,
hygiene and environmental sanitation and the prevention of accidents;
f) To develop
preventative health care, guidance for parents and family planning education
and services.
The Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW),
which Australia ratified in 1984, also outlines measures that ensure health
services to women. Article 12 of CEDAW states,
1. States parties shall take all appropriate measures to eliminate
discrimination against women in the field of health care in order to
ensure, on a basis of equality of men and women, access to health care
services, including those related to family planning.
2. Notwithstanding
the provisions of paragraph I of this article, States Parties shall
ensure to women appropriate services in connection with pregnancy, confinement
and the post-natal period, granting free services where necessary, as
well as adequate nutrition during pregnancy and lactation.
In 1999 the Committee
on the Elimination of Discrimination against Women commented,
The Committee notes the full realization of women's right to health
can be achieved only when States parties fulfil their obligation to
respect, protect and promote women's fundamental human right to nutritional
well-being throughout their lifespan by means of a food supply that
is safe, nutritious and adapted to local conditions. To this end, States
parties should take steps to facilitate physical and economic access
to productive resources, especially for rural women, and to otherwise
ensure that the special nutritional needs of all women within their
jurisdiction are met.
Image:
Jawoyn women gathering waterlillies
view the CEDAW Committee's comments on women's health in full click here.