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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
3.
The right to health is closely related to and dependent upon the realization of other
human rights, as contained in the International Bill of Rights, including the rights to food,
housing, work, education, human dignity, life, non-discrimination, equality, the prohibition
against torture, privacy, access to information, and the freedoms of association, assembly and
movement. These and other rights and freedoms address integral components of the right to
health.
4.
In drafting article 12 of the Covenant, the Third Committee of the United Nations
General Assembly did not adopt the definition of health contained in the preamble to the
Constitution of WHO, which conceptualizes health as “a state of complete physical, mental and
social well-being and not merely the absence of disease or infirmity”. However, the reference in
article 12.1 of the Covenant to “the highest attainable standard of physical and mental health” is
not confined to the right to health care. On the contrary, the drafting history and the express
wording of article 12.2 acknowledge that the right to health embraces a wide range of
socio-economic factors that promote conditions in which people can lead a healthy life, and
extends to the underlying determinants of health, such as food and nutrition, housing, access to
safe and potable water and adequate sanitation, safe and healthy working conditions, and a
healthy environment.
5.
The Committee is aware that, for millions of people throughout the world, the full
enjoyment of the right to health still remains a distant goal. Moreover, in many cases, especially
for those living in poverty, this goal is becoming increasingly remote. The Committee
recognizes the formidable structural and other obstacles resulting from international and other
factors beyond the control of States that impede the full realization of article 12 in many States
parties.
6.
With a view to assisting States parties’ implementation of the Covenant and the
fulfilment of their reporting obligations, this General Comment focuses on the normative content
of article 12 (Part I), States parties’ obligations (Part II), violations (Part III) and implementation