Towards an improved understanding of the international human right to health.

Abstract

In the context of international human rights economic social and cultural rights are generally distinguished from civil and political rights. Although it is often asserted that both sets of rights are interdependent interrelated and of equal importance in practice Western states and NGOs in particular have tended to treat economic social and cultural rights as if they were less important than civil and political rights. Civil and political rights for example are frequently invoked in national judicial proceedings and several complaint mechanisms are designed to protect these rights at the international level. In contrast economic social and cultural rights are often considered nonjusticiable and are regarded as general directives for states rather than rights. Another serious obstacle to the implementation of economic social and cultural rights is their lack of conceptual clarity. An economic and social right that is characterized by particular vagueness is the international human right to health. It is by no means clear precisely what individuals are entitled to under the right to health nor is it clear what the resulting obligations are on the part of states. Given these difficulties this article seeks to further clarify the scope and implications of the right to health in order to contribute to an improved implementation of this specific right. This article will address some definitional problems when it comes to the right to health as well as its international codification and current implementation practice. Finally this article will outline the scope of the right to health and the ensuing state obligations. (excerpt)