THE RIGHT TO HEALTH

What is the WHO?

 TheWorld Health Organization is the
United Nations specialized agency for
health.
 WHO is governed by 193 Member States
through the World Health Assembly. The
Health Assembly is composed of
representatives from WHO’s Member
State.
 “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”

 Health is defined as a state of complete physical, mental

and social well-being and not merely the absence of
disease or infirmity.

 (the WHO Constitution)

First expression of the right to health:
The WHO Constitution (1946)
Universal Declaration of Human Rights (1948)
Access to essential drugs as a Human Right:
The right to the highest attainable standard of health

 WHO Constitution (1946)

 Universal Declaration of Human Rights (1948)
 International Covenant of Economic, Social and Cultural Rights (1966)
 International Covenant on Civil and Political Rights (1966)
 Declaration of Alma Ata (1978) and the World Health Declaration (1998)
 General Comment on the right to health (2000)
 Special Rapporteur on the right to health (2002).
 Conclusion

 Many governments have made

international and/or constitutional
obligations on the right to health. Skillful
litigation can provide an additional
mechanism towards ensuring that these
obligations are fulfilled. Success is possible
and this should encourage others.