(i) Non-discrimination: health facilities, goods and services must be accessible to all, especially
the most vulnerable or marginalized sections of the population, in law and in fact, without
discrimination on any of the prohibited grounds.
(ii) Physical accessibility: health facilities, goods and services must be within safe physical
reach for all sections of the population, especially vulnerable or marginalized groups, such as
ethnic minorities and indigenous populations…. Accessibility further includes adequate access
to buildings for persons with disabilities.
(iii) Economic accessibility (affordability): health facilities, goods and services must be
affordable for all. Payment for health-care services, as well as services related to the
underlying determinants of health, has to be based on the principle of equity, ensuring that
these services, whether privately or publicly provided, are affordable for all, including socially
disadvantaged groups. Equity demands that poorer households should not be
disproportionately burdened with health expenses as compared to richer households.
(iv) Information accessibility: accessibility includes the right to seek, receive and impart
information and ideas concerning health issues. However, accessibility of information should
not impair the right to have personal health data treated with confidentiality.
(c) Acceptability. All health facilities, goods and services must be respectful of medical ethics
and culturally appropriate, i.e. respectful of the culture of individuals, minorities, peoples and
communities, sensitive to gender and life-cycle requirements, as well as being designed to
respect confidentiality and improve the health status of those concerned.
(d) Quality. As well as being culturally acceptable, health facilities, goods and services must
also be scientifically and medically appropriate and of good quality. This requires, inter alia,
skilled medical personnel, scientifically approved and unexpired drugs and hospital
equipment, safe and potable water, and adequate sanitation.352
264.
The African Commission on Human and Peoples’ Rights has held that states must ensure that
all persons, no matter their geographic location, have access to health services.353 Similarly, the United Nations
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health has indicated: “In order to achieve equitable health outcomes and full realization of the right to
health, States must allocate health funds and resources towards ensuring that good quality health facilities,
goods and services are available and easily accessible for rural and remote populations”354, therefore in all
decisions related to the distribution of such resources, special attention should be given to the needs of the
groups traditionally excluded and living in poverty.
2.3
Right to social security
265.
On the contents of the right to social security, the Committee on Economic, Social and Cultural
Rights has indicated that the right includes obtaining and maintaining social benefits, in cash or in kind, without
discrimination, with the aim of obtaining protection, in particular from: (a) the lack of income from work due
to illness, disability, maternity, workplace accident, old age, or death of a family member; (b) excessive health
care expenditures; (c) insufficient family support, in particular for the children and family members under their
care. 355 In addition, it has indicated that the characteristic elements of this right include availability, the
inclusion of the categories of the social risks and contingencies indicated above, accessibility, and the
consideration of its close relationship with other rights.356
266.
The same Committee has also indicated that states should suppress de facto discrimination
when it is impossible for persons to have access to adequate social security. The states should see to it that the
United Nations, Committee on Economic, Social and Cultural Rights. General Comment 14, E/C.12/2000/4, August 11, 2000, para. 12.
African Commission on Human and Peoples’ Rights, Case of Interights v. Egypt. Communication No. 323/06, December 2011, para. 264.
354 Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental
health. UN. Doc. A/67/302, August 13, 2012, para. 51.
355 Committee on Economic, Social and Cultural Rights. General Comment 19. The right to social security, February 4, 2008. Para. 2
356 Committee on Economic, Social and Cultural Rights. General Comment 19. The right to social security, February 4, 2008. Paras. 10-28.
352
353
47
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