Health and Human Right

Basundhara Sharma
Background
• Human Rights are the rights that all people have by virtue of being
human beings

• Human rights are legally guaranteed by human rights law, protecting

individuals and groups against actions that interfere with fundamental
freedoms and human dignity

• Human rights are principally concerned with the relationship between

the individual and the state.
Background…………….
• Governmental obligations with regard to human rights broadly fall
under the principles of respect, protect and fulfil

• On December 10, 1948 the General Assembly of the United Nations

adopted and proclaimed the Universal Declaration of Human Rights.
Background…………….
• The WHO Constitution (1946) envisages 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”

• The right to health for all people means that everyone should have
access to the health services they need, when and where they need
them, without suffering financial hardship.
Background…………….
• Health as a human right creates
• a legal obligation on states to ensure access to timely, acceptable and
affordable health care of appropriate quality as well as to providing for the
underlying determinants of health, such as safe and potable water, sanitation,
food, housing, health-related information and education, and gender equality.
Background…………….
• Good health is also clearly determined by other basic human rights
including access to safe drinking water and sanitation, nutritious foods,
adequate housing, education and safe working conditions.
• The right to health also means that everyone should be entitled to control
their own health and body, including having access to sexual and
reproductive information and services, free from violence and
discrimination.
• Everyone has the right to privacy and to be treated with respect and dignity.
• Nobody should be subjected to medical experimentation, forced medical
examination, or given treatment without informed consent.
 International Treaties and Conferences linking
health and human rights
Key international human rights treaties
• The International Covenant on Economic, Social and Cultural Rights
(ICESCR 1966) focuses on food, education, health and shelter. Both
covenants proclaim these rights for all people and forbid discrimination.
• International Covenant on Civil and Political Rights (ICCPR 1966)
focuses on issues such as the right to life, freedom of speech, religion and
voting
• Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW 1979) focuses on prohibiting discrimination against women and
obligating governments to take affirmative steps to advance the equality of
women
• Convention on the Rights of the Child (CRC 1989) focuses on full spectrum of
civil, cultural, economic, social, and political rights for children.
Contd.
Key international human rights treaties

• The 1990 International Convention on the Protection of the Rights of

All Migrant Workers and Members of their Families
• The 2006 Convention on the Rights of Persons with Disabilities:
Contd.
Conferences/ Declaration
• The International Conference on Primary Health Care, 1978
• The United Nations Millennium Declaration and Millennium
Development Goals, 1990
• World Summit for Children held in 1990
• World Conference on Human Rights 1993
• 1994 International Conference on Population and Development
• 1995 Fourth World Conference on Women
Core components of the right to health
Availability
• Refers to the need for a sufficient quantity of functioning public health and
health care facilities, goods and services, as well as programmes for all.
Accessibility
• Requires that health facilities, goods, and services must be accessible to
everyone.
• non-discrimination
• physical accessibility
• economical accessibility (affordability)
• information accessibility
Core components of the right to
health……..
Acceptability
• Relates to respect for medical ethics, culturally appropriate, and
sensitivity to gender.
• Acceptability requires that health facilities, goods, services and
programmes are people-centred and cater for the specific needs of
diverse population groups and in accordance with international
standards of medical ethics for confidentiality and informed consent.
Core components of the right to health……………..
Quality
• Facilities, goods, and services must be scientifically and medically approved.
• Quality is a key component of Universal Health Coverage, and includes the
experience as well as the perception of health care. Quality health services
should be:
• Safe – avoiding injuries to people for whom the care is intended;
• Effective – providing evidence-based healthcare services to those who need them;
• People-centred – providing care that responds to individual preferences, needs and
values;
• Timely – reducing waiting times and sometimes harmful delays.
• Equitable – providing care that does not vary in quality on account of gender,
ethnicity, geographic location, and socio-economic status;
• Integrated – providing care that makes available the full range of health services
throughout the life course;
• Efficient – maximizing the benefit of available resources and avoiding waste
 Contd….
The right to health, like all human rights, imposes on States
Parties three types of obligations:
• Respect: This means simply not to interfere with the enjoyment
of the right to health.
• Protect: This means ensuring that third parties do not infringe
upon the enjoyment of the right to health.
• Fulfil: This means taking positive steps to realize the right to
health.
National instruments for Health and Human
Rights

• Constitution of Nepal, 2072

• Public Health Service Act , 2075
• Safe Motherhood and Reproductive Health Rights Act, 2075
Contd….
Constitution of Nepal has ensured the health rights (Article 35):
• Every citizen shall have the right to free basic health services from
the State, and no one shall be deprived of emergency health services.
• Every person shall have the right to get information about his or her
medical treatment.
• Every citizen shall have equal access to health services.
• Every citizen shall have the right of access to clean drinking water and
sanitation.
National human rights institution

• National Human Rights Commission- Nepal focuses on Dignity,

equality and Justice for all
Right-based approaches in health
• Using of human rights as framework for health Development
• Basic ingredients in Right based approach are:
• Right to health
• Information
• Gender
• Human dignity
• Transparency
 Right-based approaches in health
Core components include:
• A rights-based approach to health requires that health policy
and programmes must prioritize the needs of those furthest
behind first towards greater equity

• Examining the laws and policies under which programmes

take place

• Systematically integrating core human rights principles such

as participation, non-discrimination, transparency, and
accountability into policy and programme responses
Right-based approaches in health……….
• Focusing on key elements of the right to health—availability,
accessibility, acceptability, and quality when defining standards for
provision of services

• Meaningfully participation in all phases of programming: assessment,

analysis, planning, implementation, monitoring and evaluation.
 Link between Health and human rights

• Violations or lack of attention to human rights can have serious health

consequences;

• Health policies and programmes can promote or violate human rights

in the ways they are designed or implemented;

• Vulnerability and the impact of ill health can be reduced by taking

steps to respect, protect and fulfil human rights.
 Role of Health Professionals in Protecting and
Promoting Human Rights

• Not limited to treating and alleviating the consequences of abuses,

reporting on violations, and conducting campaigns after abuses have
occurred
• Monitoring the early signs of outbreaks of human right violations,
educating societies in tolerance, nonviolence, conflict resolution, and
basic human standards
• Health professionals must work towards addressing the need for truth
and justice working alongside other stakeholders
Contd……………
• Human rights norms and standards also form a strong basis for health
systems to prioritize the health needs of vulnerable and marginalized
population groups.

• All countries to respect and protect human rights in health – in their

laws, their health policies and programmes.
Discussion ……………….!!!