Retten til helse som menneskerettighet
- Side: 274-290
- Publisert på Idunn: 2006-12-20
- Publisert: 2006-12-20
Abstract: The Right to Health as a Human Right: The article explores the content of the human right to health as set out in the United Nations Covenant on Economic, Social and Cultural Rights (CESCR) Article 12 and with regard to children in the Convention on the Rights of the Child (CRC) Article 24. It examines the obligations by State parties to implement, to the maximum of their available resources, these rights to everyone within their respective territories. The analysis of the content of the right and the corresponding obligations is based mainly on the authoritative general comments adopted by the two relevant treaty bodies of the United Nations, the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child. The role of these two international monitoring bodies are discussed. The article ends with a discussion of the supplementary benefit that could be obtained if the optional protocol to the CESCR now under discussion could be adopted.
Keywords: Economic, social and cultural rights; right to health; state duties; obligation to respect, protect, fulfil; monitoring; complaint procedure; optional protocol