Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 24
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Where a progressively realizable obligation has a core component, adjudicators should inquire as to whether the State has fulfilled its obligation in that regard. When such rights have not been safeguarded, courts have found violations of the relevant right without even delving into an analysis of a State's available resources. For example, the Inter-American Court of Human Rights noted that the State obligation to guarantee access to a decent life must be read in view of the State's progressively realizable obligations set forth in article 26 of the American Convention on Human Rights. However, the Court did not use the concept of progressive realization to qualify the obligation of the State to provide minimum living conditions that were compatible with the dignity of the human person, but rather found that the State had breached the claimants' right to life and was required to provide, inter alia, medicine, food, clean water and sanitation facilities. Thus, in accordance with the core obligations under the right to health framework, where adjudicators determine that certain fundamental human rights have been violated, they may find that the State has breached its relevant obligations without delving into the question of whether the State had the available resources to satisfy such obligations.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Equality & Inclusion
Governance & Rule of Law
Health
Water & Sanitation
Person(s) affected
All
Year
2014
Paragraph type
Other
Reference
SR Health, Report to the UNGA (2014), A/69/299, para. 24.