A/71/304
14. The right to health has been clarified in general comments and observations
adopted by the United Nations treaty bodies, including general comment No. 14 of
the Committee on Economic, Social and Cultural Rights. 5 An increasingly rich
jurisprudence and literature on the right to health has al so enhanced understanding
of this fundamental right.
15. The paragraphs below elaborate the norms and obligations that are embedded
in the right-to-health legal framework and must be factored into and will support
progress in meeting the health-related Sustainable Development Goals.
B.
Health care and the underlying determinants of the right to health
16. The right to health includes a right to health care. Health care is closely
connected to all the targets in Goal 3 and directly reflected in the targets to achieve
universal health coverage (target 3.8) and ensure universal access to sexual and
reproductive health-care services (target 3.7). The relationship between universal
health coverage and the right to health is explored further below, while the right to
sexual and reproductive health care has been elaborated in general comments
Nos. 14 and 22 of the Committee on Economic, Social and Cultural Rights, as well
as in a number of previous reports by the mandate holder (see E/CN.4/2004/49,
A/66/254, A/HRC/14/20 and A/HRC/32/32). The right to health can also support
and be supported by such targets as the reduction of maternal and newborn and
under-5 mortality rates (targets 3.1 and 3.2) and of the incidence of communicable
and non-communicable diseases (targets 3.3 and 3.4), the promotion of mental
health (target 3.4) and the reduction of the number of deaths from road traffic
accidents (target 3.6).
17. The right to health requires that health-care goods, services and facilities be
available in adequate numbers; financially and geographically accessible, as well as
accessible on the basis of non-discrimination; acceptable, that is, respectful of the
culture of individuals, minorities, peoples and communities and sensitive to gender
and life-cycle requirements; and of good quality. 6 Several of the Sustainable
Development Goal targets are relevant to this framework, including the commitment
to increase the training, recruitment and retention of health workers in developing
countries (target 3.c), which supports the principle of availability of services.
18. An effective and integrated health system that is based on the human rights
principles of equality and non-discrimination, transparency, accountability and
participation is at the heart of the right to health. Health systems are all too often
not a priority for States or for bilateral and multilateral donors. In addition, they
receive scant attention within the 2030 Agenda, yet many of the Sustainable
Development Goals and targets are dependent on a strong health system that is
adequately funded, transparent and accountable. Without focused investment in
health system strengthening, there is little prospect of much progress on the health related Goals, including addressing the growing burden of non -communicable
diseases, universal health coverage and other targets. This imp lies financial
investment, as well as investment in good governance, transparency, participation
and accountability mechanisms.
__________________
5
6
6/26
Committee on Economic, Social and Cultural Rights, general comments Nos. 14 and 22;
Committee on the Rights of the Child, general comment No. 15.
Committee on Economic, Social and Cultural Rights, general comment No. 14, para. 12.
16-13597