A/70/213
The source of right to health obligations
37. Besides defining health, the WHO Constitution also recognized that the
highest attainable standard of health is a fundamental human right. The Universal
Declaration of Human Rights recognized that everyone has the right to a standard of
living adequate for the health and well-being of himself and of his family and that
motherhood and childhood are entitled to special care and protection (art. 25). These
original international sources of the right to health emphasize that health is a broad
concept, covering not only physical but also mental health and not only disease but
also well-being, all of which encompass the healthy development of children.
38. The Convention on the Rights of the Child, the International Covenant on
Economic, Social and Cultural Rights and other international human rights treaties
recognize the right to health and give rise to binding legal obligations on States
parties to respect, protect and fulfil that right.
39. The treaties set out entitlements and freedoms, assign duties, provide a legally
binding framework and demand accountability. They demand particular efforts,
mostly by States, to address inequality and discrimination, focusing on the most
marginalized young children.
The right to survival and development and its relationship to health and other
human rights
40. The International Covenant on Economic, Social and Cultural Rights recognizes
the links between health, survival and development: article 12 on the right to health
obligates States parties to take steps necessary for, among other things, the
“provision for the reduction of the stillbirth rate and of infant mortality and for the
healthy development of the child”. In other words, in the Covenant, development is
part of the right to health. Article 24 of the Convention on the Rights of the Child
recognizes the right to health of the child and to facilities for the treatment of illness
and rehabilitation of health. This approach underlines that the spectrum of essential
health-related services should not be limited to medications and vaccines, but should
also include effective public health and psychosocial interventions.
41. In contrast, the Convention separates the right to health (art. 24) and the right
to survival and development (art. 6). However, there is no doubt that these articles
are fundamentally linked. For example, article 24 includes a range of obligations
that are inseparable from ensuring survival and development, such as diminishing
infant and child mortality, providing medical assistance, combating disease and
malnutrition, ensuring appropriate pre- and postnatal health care for mothers,
providing access to information on child health, developing preventive health care
and guidance for parents and abolishing harmful traditional pract ices. The right to
survival and development can only be implemented in a holistic manner through the
enforcement of other rights contained in the Convention, such as the right to health.
42. Other rights relevant to survival and development that are also interconnected
and interrelated with the rights to health and life include the rights of young children
to be registered at birth; to education; play; a standard of living adequate for the
child’s physical, mental, spiritual, moral and social development; adequate housing;
adequate nutrition; social security; water and sanitation; and the right to be free
from all forms of violence. The present report focuses on the right to health,
including aspects of children’s development that fall within the right to health.
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