E/C.12/2000/4
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improving epidemiological surveillance and data collection on a disaggregated basis, the
implementation or enhancement of immunization programmes and other strategies of infectious
disease control.
Article 12.2 (d). The right to health facilities, goods and services15
17.
“The creation of conditions which would assure to all medical service and medical
attention in the event of sickness” (art. 12.2 (d)), both physical and mental, includes the
provision of equal and timely access to basic preventive, curative, rehabilitative health services
and health education; regular screening programmes; appropriate treatment of prevalent diseases,
illnesses, injuries and disabilities, preferably at community level; the provision of essential
drugs; and appropriate mental health treatment and care. A further important aspect is the
improvement and furtherance of participation of the population in the provision of preventive
and curative health services, such as the organization of the health sector, the insurance system
and, in particular, participation in political decisions relating to the right to health taken at both
the community and national levels.
Article 12. Special topics of broad application
Non-discrimination and equal treatment
18.
By virtue of article 2.2 and article 3, the Covenant proscribes any discrimination in
access to health care and underlying determinants of health, as well as to means and entitlements
for their procurement, on the grounds of race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth, physical or mental disability, health status
(including HIV/AIDS), sexual orientation and civil, political, social or other status, which has the
intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to
health. The Committee stresses that many measures, such as most strategies and programmes
designed to eliminate health-related discrimination, can be pursued with minimum resource
implications through the adoption, modification or abrogation of legislation or the dissemination
of information. The Committee recalls General Comment No. 3, paragraph 12, which states that
even in times of severe resource constraints, the vulnerable members of society must be
protected by the adoption of relatively low-cost targeted programmes.
19.
With respect to the right to health, equality of access to health care and health services
has to be emphasized. States have a special obligation to provide those who do not have
sufficient means with the necessary health insurance and health-care facilities, and to prevent
any discrimination on internationally prohibited grounds in the provision of health care and
health services, especially with respect to the core obligations of the right to health.16
Inappropriate health resource allocation can lead to discrimination that may not be overt. For
example, investments should not disproportionately favour expensive curative health services
which are often accessible only to a small, privileged fraction of the population, rather than
primary and preventive health care benefiting a far larger part of the population.