E/C.12/2000/4
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Specific legal obligations
34.
In particular, States are under the obligation to respect the right to health by, inter alia,
refraining from denying or limiting equal access for all persons, including prisoners or detainees,
minorities, asylum seekers and illegal immigrants, to preventive, curative and palliative health
services; abstaining from enforcing discriminatory practices as a State policy; and abstaining
from imposing discriminatory practices relating to women’s health status and needs.
Furthermore, obligations to respect include a State’s obligation to refrain from prohibiting or
impeding traditional preventive care, healing practices and medicines, from marketing unsafe
drugs and from applying coercive medical treatments, unless on an exceptional basis for the
treatment of mental illness or the prevention and control of communicable diseases. Such
exceptional cases should be subject to specific and restrictive conditions, respecting best
practices and applicable international standards, including the Principles for the Protection of
Persons with Mental Illness and the Improvement of Mental Health Care.24 In addition, States
should refrain from limiting access to contraceptives and other means of maintaining sexual and
reproductive health, from censoring, withholding or intentionally misrepresenting health-related
information, including sexual education and information, as well as from preventing people’s
participation in health-related matters. States should also refrain from unlawfully polluting air,
water and soil, e.g. through industrial waste from State-owned facilities, from using or testing
nuclear, biological or chemical weapons if such testing results in the release of substances
harmful to human health, and from limiting access to health services as a punitive measure,
e.g. during armed conflicts in violation of international humanitarian law.
35.
Obligations to protect include, inter alia, the duties of States to adopt legislation or to
take other measures ensuring equal access to health care and health-related services provided by
third parties; to ensure that privatization of the health sector does not constitute a threat to the
availability, accessibility, acceptability and quality of health facilities, goods and services; to
control the marketing of medical equipment and medicines by third parties; and to ensure that
medical practitioners and other health professionals meet appropriate standards of education,
skill and ethical codes of conduct. States are also obliged to ensure that harmful social or
traditional practices do not interfere with access to pre- and post-natal care and family-planning;
to prevent third parties from coercing women to undergo traditional practices, e.g. female genital
mutilation; and to take measures to protect all vulnerable or marginalized groups of society, in
particular women, children, adolescents and older persons, in the light of gender-based
expressions of violence. States should also ensure that third parties do not limit people’s access
to health-related information and services.
36.
The obligation to fulfil requires States parties, inter alia, to give sufficient recognition to
the right to health in the national political and legal systems, preferably by way of legislative
implementation, and to adopt a national health policy with a detailed plan for realizing the right
to health. States must ensure provision of health care, including immunization programmes
against the major infectious diseases, and ensure equal access for all to the underlying
determinants of health, such as nutritiously safe food and potable drinking water, basic sanitation
and adequate housing and living conditions. Public health infrastructures should provide for
sexual and reproductive health services, including safe motherhood, particularly in rural areas.
States have to ensure the appropriate training of doctors and other medical personnel, the
provision of a sufficient number of hospitals, clinics and other health-related facilities, and the