A/62/214
accessible and affordable water supply. 34 The report emphasizes the responsibility
of governments to recognize the right to water in enabling legislation and to work
towards its progressive realization.
Right-to-health analytical framework
70. In recent years, the Committee on Economic, Social and Cultural Rights,
WHO, civil society organizations, academics and many others have developed a
way of “unpacking” or analysing the right to health with a view to making it easier
to understand and apply in practice to health-related policies, programmes and
projects. For his part, the Special Rapporteur has tried to apply and refine this
analytical framework in his country and other reports. 35 Importantly, however, the
framework has general application to all aspects of the right to the highest attainable
standard of health, including the underlying determinants of health, such as safe
water and adequate sanitation.
71. While the analytical framework is discussed in detail elsewhere, 36 its key
elements may be very briefly summarized as follows:
(a) Identification of the relevant national and international human rights
laws, norms and standards;
(b) Recognition that the right to health is subject to resource constraints and
progressive realization, requiring the identification of indicators and benchmarks to
measure progress (or the lack of it) over time;
(c) Nonetheless, recognition that the right to health imposes some
obligations that are subject to neither resource constraints nor progressive
realization, but are of immediate effect, for example, the obligation to avoid
discrimination;
(d) Recognition that the right to health includes freedoms (for example,
freedom from discriminatory access to water) and entitlements (such as the
provision of minimum essential levels of water and sanitation). For the most part,
freedoms do not have budgetary implications, while entitlements do;
(e) All health services, goods and facilities shall be available, accessible,
acceptable and of good quality (this scheme is briefly applied to water and
sanitation in the context of the right to health in paras. 73 to 76 below);
(f) States have duties to respect, protect and fulfil the right to the highest
attainable standard of health (this, too, will be briefly applied to water and sanitation
in the context of the right to health in paras. 82 and 83 below);
(g) Because of their crucial importance, the analytical framework demands
that special attention be given to issues of non-discrimination, equality and
vulnerability;
(h) The right to health requires that there be an opportunity for the active and
informed participation of individuals and communities in decision-making that has a
bearing on their health;
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34
35
36
07-45379
See UNDP, Human Development Report 2006.
For example, see A/61/338; see also E/CN.4/2006/48/Add.2.
See E/CN.4/2005/51.
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