Question

d Regarding everybody's legal right to health, what could you say about these aspects?
1 nutrition
Ill prevention
Il sanitation
IV treatment of diseases​

Answer 1

Resposta:

Health is a fundamental human right indispensable for the exercise of other

human rights. Every human being is entitled to the enjoyment of the highest

attainable standard of health conducive to living a life in dignity. The realization of

the right to health may be pursued through numerous, complementary approaches,

such as the formulation of health policies, or the implementation of health

programmes developed by the World Health Organization (WHO), or the adoption of

specific legal instruments. Moreover, the right to health includes certain components

which are legally enforceable.1

2. The human right to health is recognized in numerous international instruments.

Article 25.1 of the Universal Declaration of Human Rights affirms: “Everyone has

the right to a standard of living adequate for the health of himself and of his family,

including food, clothing, housing and medical care and necessary social services”.

The International Covenant on Economic, Social and Cultural Rights provides the

most comprehensive article on the right to health in international human rights law.

In accordance with article 12.1 of the Covenant, States parties recognize “the right of

everyone to the enjoyment of the highest attainable standard of physical and mental

health”, while article 12.2 enumerates, by way of illustration, a number of “steps to be

taken by the States parties ... to achieve the full realization of this right”.

Additionally, the right to health is recognized, inter alia, in article 5 (e) (iv) of the

International Convention on the Elimination of All Forms of Racial Discrimination of

1965, in articles 11.1 (f) and 12 of the Convention on the Elimination of All Forms of

Discrimination against Women of 1979 and in article 24 of the Convention on the

Rights of the Child of 1989. Several regional human rights instruments also

recognize the right to health, such as the European Social Charter of 1961 as revised

(art. 11), the African Charter on Human and Peoples’ Rights of 1981 (art. 16) and the

Additional Protocol to the American Convention on Human Rights in the Area of

Economic, Social and Cultural Rights of 1988 (art. 10). Similarly, the right to health

has been proclaimed by the Commission on Human Rights,2

as well as in the Vienna

Declaration and Programme of Action of 1993 and other international instruments.3

1

For example, the principle of non-discrimination in relation to health facilities,

Explicação:

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