ABSTRACT
A series of international and regional human rights instruments have enumerated a right to health, usually framed as the right to the highest attainable standard of physical and mental health. Currently all countries have ratified or acceded to at least one of these post-1948 human rights instruments (technically treaties), thereby becoming legally bound to implement the rights and principles enumerated in them. In addition, many post-war national constitutions also have a reference to health rights. Importantly, an increasing number of non-state actors, including human rights organizations and several humanitarian organizations and charitable funders, are also guided by human rights norms as they seek to promote health access and outcomes (Gable 2007). This chapter provides an overview of current interpretations of a right to health, outlining both the contributions and limitations of a human rights approach. The first section summarizes the international legal framework and institutions for the right to health. The second identifies the human rights principles governing a human rights approach to health. The third discusses current interpretations of the requirements of the right to health, particularly as set forth in a general comment issued by the United Nations Committee on the International Covenant on Economic, Social and Cultural Rights, an expert human rights treaty monitoring body. The fourth section identifies some of the impediments to implementing this right, and the final section considers the benefits of applying a human rights approach to health.
