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at the national level (Part IV), while the obligations of actors other than States parties are
addressed in Part V. The General Comment is based on the Committee’s experience in
examining States parties’ reports over many years.
I. NORMATIVE CONTENT OF ARTICLE 12
7.
Article 12.1 provides a definition of the right to health, while article 12.2 enumerates
illustrative, non-exhaustive examples of States parties’ obligations.
8.
The right to health is not to be understood as a right to be healthy. The right to health
contains both freedoms and entitlements. The freedoms include the right to control one’s health
and body, including sexual and reproductive freedom, and the right to be free from interference,
such as the right to be free from torture, non-consensual medical treatment and experimentation.
By contrast, the entitlements include the right to a system of health protection which provides
equality of opportunity for people to enjoy the highest attainable level of health.
9.
The notion of “the highest attainable standard of health” in article 12.1 takes into account
both the individual’s biological and socio-economic preconditions and a State’s available
resources. There are a number of aspects which cannot be addressed solely within the
relationship between States and individuals; in particular, good health cannot be ensured by a
State, nor can States provide protection against every possible cause of human ill health. Thus,
genetic factors, individual susceptibility to ill health and the adoption of unhealthy or risky
lifestyles may play an important role with respect to an individual’s health. Consequently, the
right to health must be understood as a right to the enjoyment of a variety of facilities, goods,
services and conditions necessary for the realization of the highest attainable standard of health.
10.
Since the adoption of the two International Covenants in 1966 the world health situation
has changed dramatically and the notion of health has undergone substantial changes and has
also widened in scope. More determinants of health are being taken into consideration, such as
resource distribution and gender differences. A wider definition of health also takes into account
such socially-related concerns as violence and armed conflict.4 Moreover, formerly unknown
diseases, such as Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome
(HIV/AIDS), and others that have become more widespread, such as cancer, as well as the rapid
growth of the world population, have created new obstacles for the realization of the right to
health which need to be taken into account when interpreting article 12.
11.
The Committee interprets the right to health, as defined in article 12.1, as an inclusive
right extending not only to timely and appropriate health care but also to the underlying
determinants of health, such as access to safe and potable water and adequate sanitation, an
adequate supply of safe food, nutrition and housing, healthy occupational and environmental
conditions, and access to health-related education and information, including on sexual and
reproductive health. A further important aspect is the participation of the population in all
health-related decision-making at the community, national and international levels.