(d) The creation of conditions which would assure to all medical
service and medical attention in the event of sickness."
53.
General Comment No. 14 issued by the United Nations Committee on
Economic, Social and Cultural Rights in 2000 states as under:"12. The right to health in all its forms and at all levels contains
the following interrelated and essential elements, the precise
application of which will depend on the conditions prevailing in
a particular State party:
(a) Availability. Functioning public health and health-care
facilities, goods and services, as well as programmes, have to be
available in sufficient quantity within the State party. The precise
nature of the facilities, goods and services will vary depending
on numerous factors, including the State party's developmental
level. They will include, however, the underlying determinants of
health, such as safe and potable drinking water and adequate
sanitation facilities, hospitals, clinics and other health-related
buildings, trained medical and professional personnel receiving
domestically competitive salaries, and essential drugs, as defined
by the WHO Action Programme on Essential Drugs.
(b) Accessibility. Health facilities, goods and services have to be
accessible to everyone without discrimination, within the
jurisdiction of the State party. Accessibility has four overlapping
dimensions:
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.
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, women, children,
adolescents, older persons, persons with disabilities and persons
W.P.(C) 7279/2013
Page 24 of 41
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